STATUS OF LONG-TERM RESIDENTS (THIRD COUNTRY NATIONALS) REGULATIONS

SUBSIDIARY LEGISLATION 217.05

STATUS OF LONG-TERM RESIDENTS

(THIRD COUNTRY NATIONALS)

REGULATIONS

1st November, 2006

LEGAL NOTICE 278 of 2006, as amended by Legal Notices 370 of 2010,

197 of 2014, 366 of 2015 and 84 of 2021 and Act XXIX of 2019.

PART I

Purpose, Definitions and Scope

(1) The title of these regulations is the Status of Long-term

Residents (Third Country Nationals) Regulations.

(2) The purpose of these regulations is to implement the

provisions of Council Directive 2003/109/EC and 2011/51/EU

concerning the status of third-country nationals who are long-term

residents in determining -

(a) the terms for conferring and withdrawing long-term

resident status granted in relation to third country

nationals legally residing in Malta and the rights

pertaining thereto;

(b) the terms of residence in Malta of a third country

national who was conferred the status of long-term

resident in another Member State.

In these regulations, unless the context otherwise requires -

"the Act" means the Immigration Act;

"average wage" means the average annual gross wage published

by the National Statistics Office in the Labour Force Survey;

"the Board" means the Immigration Appeals Board constituted

under article 25A of the Act;

"the Director" means the Director for Citizenship and Expatriate

Affairs;

"employment licence" means the licence referred to in article

11(3) of the Act;

"family members" of the third country national granted long-

term resident status means the following persons who are residing

in Malta

(a) the spouse who shall be twenty-one years of age or

over;

(b) the unmarried minor children and of his spouse,

including children adopted in a manner recognized by

Maltese law;

(c) the unmarried minor children, including adopted

children, of the long-term resident or of the spouse, as

the case may be, where the long-term resident or the

spouse has custody and the children are dependent on

him;

(d) the children of the long-term resident or of his spouse,

whose custody is shared, provided that the other party

sharing custody has given his agreement and who have

been authorized by the Director to reside in Malta with

him;

"international protection" means the status granted to refugees

and the persons enjoying subsidiary protection as defined in article

2 of the International Protection Act and the Procedural Standards in

Examining Applications for Refugee Status Regulations;

"long-term resident" means any third country national who has

long-term resident status as provided for under regulations 4 to 7;

"long-term resident’s EU residence permit" means a residence

permit issued by any Member State, including Malta, upon the

acquisition of long-term resident status;

"Member State" means any State which is a member of the

European Union;

"national minimum wage" means the wage published by means

of a national minimum wage national standard order under the

Employment and Industrial Relations Act;

"Principal Immigration Officer" means the person appointed to

such office by the Prime Minister under article 3 of the Act and

includes, within the limits of any authority granted by the Principal

Immigration Officer under article 3(3), any public officer acting

under such authority;

"third country national" means a person who is not a citizen of a

Member State;

"uniform residence permit" means a permit issued under article

4A of the Act and, in particular, any authorization giving the right

of residence within the territory of Malta to a third country national

who is not dependent upon a citizen of the Union.

(1) These regulations shall apply to third country nationals

who reside legally in Malta.

(2) These regulations shall not apply to third country nationals

who reside in Malta

(a) in order to pursue studies or vocational training;

(b) on the basis of temporary protection in line with the

Temporary Protection for Displaced Persons

(Minimum Standards) Regulations, or have applied for

authorization to reside on that basis and are awaiting a

decision on their status;

(c) on the basis of a form of protection, other than

international protection or who have applied for

authorization to reside on that basis and are awaiting a

decision on their status;

(d) who have applied for international protection and

whose application has not yet given rise to a final

decision;

(e) solely on temporary grounds such as au pair or

seasonal workers, or as workers posted by a service

provider for the purposes of cross-border providers of

services or in cases where their residence permit has

been formally limited; and

(f)

who are enjoying legal status governed by

international conventions on diplomatic and consular

relations.

PART II

Duration of Residence

(1) The Director shall grant long-term resident status to

third country nationals who have resided legally and continuously

in Malta for five years immediately prior to the submission of the

application referred to in regulation 5(1)

Provided that the Director shall not grant long-term resident

status on the basis of international protection in the event of the

r e v o c a ti o n o f , e n d i n g o f o r r e f u s a l t o r e n e w, i n t e r n a t i o n a l

protection in accordance with articles 10(1), article 12 and article

22 of the International Protection Act.

(2) In calculating the period of five years provided for in

subregulation (1), periods of residence for the reasons stated in

regulation 3(2)(a), (e) and (f) shall not be taken into account.

(3)

(a) In calculating the period of five years provided for in

sub-regulation (1), a temporary absence from Malta

shall not interrupt such period and shall be taken into

account in the compilation of the said period when the

periods of absence are shorter than six consecutive

months and do not exceed the total of ten months

within the five year period.

(b) The Director may consider a longer period of absence

than the total of ten months referred to in paragraph

(a), by a further period of twelve months when such

absence is due to

(i) health reasons;

(ii) secondment by the employer of the third country

national;

(iii) business travel; or

(iv) education or training purposes.

In such cases, the period of absence longer than the

total of ten months shall not be taken into account in

the calculation of the period referred to in

subregulation (1).

STATUS OF LONG-TEEM RESIDENTS

(THIRD COUNTRY NATIONALS

(c) As regards persons to whom international protection

has been granted, the Director shall take into account,

in the calculation of the period referred to in sub-

regulation (1), half of the period between the date of

the lodging of the application for international

protection on the basis of which that international

protection was granted, and the date of the grant of the

permit in terms of regulation 14 of Procedural

Standards in Examining Applications for Refugee

Status Regulations or the whole of that period if it

exceeds 18 months.

(1) A third country national wishing to obtain long-term

resident status shall submit an application in writing to the

Director.

(2) When applying for long-term resident status in accordance

with subregulation (1), the third country national shall provide

evidence that he has -

(a) stable and regular resources which have subsisted for a

continuous period of two years immediately prior to

the date of application, declared with the pertinent tax

authorities in Malta, which are sufficient to maintain

himself and the members of his family without

recourse to the social assistance system in Malta or to

any benefits or assistance of any type payable under

the Social Security Act, the Housing Authority Act

and any other law providing any assistance of a social

nature and which would be equivalent to, at least, the

national minimum wage in Malta with an addition of

another twenty percent of the national minimum wage

for each member of the family

Provided that benefits or assistance payable under the

Social Security Act or any other national legislation,

which the third country national is entitled to claim as

special assistance in order to meet exceptional,

individually determined essential living costs, tax

refunds granted on the basis of his income, or other

income-support measures, shall be considered as part

of his stable resources;

(b) appropriate accommodation regarded as normal for a

comparable family in Malta and which meets the

standards, which shall be published by notice in the

Gazette on the date of the coming into force of these

regulations * and subsequently every five years, as

defined by the Ministry responsible for housing;

(c) a valid travel document;

(d) sickness insurance in respect of all risks normally

covered for Maltese nationals for himself and the

members of his family;

* the reference is to Legal Notice 370 of 2010 - came into force on 1st August, 2010.

(e) met the conditions set out in regulation 4.

(3) In order to be eligible to apply for long-term resident status,

a third country national shall provide evidence that he has complied

with the following integration conditions, namely

(a) in the last twelve months immediately prior to the

application for long term resident status he has

attended a course organised by the public employment

service or any other competent authority of at least one

hundred hours having as its subject matter the social,

economic, cultural and democratic history and

environment of Malta, and that he provides evidence

certifying that he has attended at least one hundred

hours of the lessons of these courses with satisfactory

attention and that he has achieved an examination pass

mark of at least seventy five percent;

(b) has obtained a pass mark of at least sixty-five percent

after being assessed by the competent authorities to

have achieved the equivalent of Malta Qualifications

Framework Level 2 in Maltese; and

(c) provides evidence that the necessary fees charged in

relation to the courses, examinations and certificates

referred to above have been paid.

(1) The Director may refuse to grant an application for

long-term resident status made by a third country national on

grounds of public policy or public security.

(2) A refusal in terms of subregulation (1) shall not be founded

on economic considerations.

(3) When taking the relevant decision in accordance with

subregulation (1), the Director shall consider the severity or type of

offence against public policy or public security, or the danger that

emanates from the person concerned, while also having regard to

the duration of residence in Malta and the existence of links

therewith.

(1) The Director shall give the applicant written

notification of the decision as soon as possible and, in any event, no

later than six months from the date when the application was

lodged

Provided that, in exceptional circumstances which are

linked to the complexity of the case, the time limit of six months

may be extended by another period of six months.

(2) The Director shall notify the applicant when the period for

the examination of the application is extended.

(3) The written notification shall include information about the

rights and obligations of the third country national that arise under

these regulations.

(4) In the event that the Director fails to give a decision within

the period specified in subregulation (1), the application shall

automatically be passed on for appeal to the Board.

(5) If the conditions provided for by regulations 4 and 5 are

met, and the person does not represent a threat within the meaning

of regulation 6, the Director shall grant the third country national

concerned long-term resident status

Provided that where the conditions concerning stable

resources referred to in regulation 5 are not met by the third

country national, the Director shall consider all relevant

circumstances and if there are justified reasons to do so, the

Director shall accept the relative amount declared by the said third

country national as satisfying the conditions stipulated therein.

(1) Without prejudice to the provisions on the withdrawal

or loss of the status in accordance with regulation 9, the status of

long-term resident shall be permanent.

(2) The long-term resident’s EU residence permit shall be valid

for five years and shall be automatically renewable upon

application.

(3) The Director shall issue a uniform residence permit and

shall enter, under the heading ‘type of permit’, the words "long-

term resident - EU" thereon and, where applicable, under the

heading ‘remarks’ there shall be inserted ‘international protection

granted by Malta on [date]’

Provided that where international protection was granted by

another Member State under the heading ‘remarks’ there shall be

inserted ‘international protection granted by [Member State] on

[date]’, upon confirmation by that Member State that the long-term

resident is still a beneficiary of international protection granted by

that Member State, except where such international protection has

been withdrawn through a final decision.

(4) Where a second Member State requests information as to

whether a person who is the holder of a long-term resident permit

containing the remark mentioned in sub-regulation (3), is still a

beneficiary of international protection, the Director shall provide a

reply to the second Member State no later than one month after

receiving the request for information.

(5) Where responsibility for international protection of the

long-term resident was transferred to Malta after the long-term

resident’s EU resident permit referred to in sub-regulation (3) was

issued, the Director shall amend accordingly the remark referred to

in the proviso to sub-regulation (3) no later than 3 months after the

transfer.

(1) A long-term resident shall lose his long-term resident

status in the following cases

(a) if it is proved that the resident had acquired his long-

term resident status through fraudulent means;

(b) if the Principal Immigration Officer has issued an

order for his removal in accordance with regulation

12;

(c) if the long-term resident has been absent from the

territory of the European Union for a period of twelve

consecutive months;

(d) if the long-term resident has acquired a long-term

resident status in another Member State;

(e) if the long-term resident is absent for six years from

Malta and is residing in another Member State;

(f)

if he constitutes a threat to public policy, taking into

consideration the seriousness of the offence he

committed;

(g) if the long-term resident obtained the said status on the

basis of international protection and has had such

protection revoked, ended or refused to be renewed as

laid down in articles 10(1), 12 and 22 of the

International Protection Act

Provided that, in the case of specific and exceptional

circumstances relating to paragraph (c) and specific circumstances

relating to paragraph (e), as may be determined by the Director, the

long-term resident shall not lose his status.

(2) The Director shall facilitate the re-acquisition of long-term

resident status in Malta when such person was absent from Malta in

accordance with subregulation (1)(c) or (1)(e), and, in particular, in

the case of subregulation 1(e), when the absence was due to pursuit

of studies

Provided that such person provides evidence that he fulfils

the requirements for obtaining long-term resident status in

accordance with regulation 5(2) and (3) and has resided legally and

continuously in Malta for two and a half years immediately prior to

the submission of the application referred to in regulation 5(1).

(3) The expiry of the long-term resident’s EU residence permit

shall not entail the withdrawal or loss of the long-term resident

status.

(4) Where the withdrawal or loss of long-term resident status

does not result in the removal of the third country national from

Malta, and the third country national does not constitute a threat to

public policy or public security, he shall be issued with a residence

permit provided that he meets the conditions referred to in

regulation 5.

(1) When notifying the third country national of his

decision, the Director shall give reasons for such decision rejecting

an application for long-term resident status or withdrawing that

status, and shall inform him about the redress procedures available.

(2) Where an application for long-term resident status is

rejected or that status is withdrawn or lost or the residence permit is

not renewed, the third country national shall have the right to

appeal to the Board.

(1) A third country national granted long-term residence

status in Malta shall enjoy equal treatment as Maltese nationals as

regards

(a) access to employment and self-employed activity, as long

as such activities do not entail even occasional

involvement in the exercise of public authority and are

not reserved by law for Maltese nationals in terms of the

Public Administration Act and any regulations made

thereunder and such access shall not be subject to the

requirement of an employment licence;

(b) conditions of employment and working conditions

including conditions regarding dismissal and

remuneration;

(c) education and vocational training, including study

grants, in accordance with the Education Act and

regulations made thereunder;

(d) recognition of professional diplomas, certificates and

other qualifications;

(e) social security and core benefits as regards social

assistance and social protection in accordance with

Maltese law;

(f)

tax benefits;

(g) access to goods and services and the supply of goods

and services made available to the public and to

procedures for obtaining housing;

(h) freedom of association and affiliation and membership

of an organization representing workers or employers

or of any organization whose members are engaged in

a specific occupation, including the benefits conferred

by such organizations, without prejudice to the general

principles of public policy and public security;

(i)

free access to the entire territory of Malta within the

limits provided for by the national legislation for

reasons of security.

(2) The equal treatment referred to in subregulation (1)(a) as

regards access to employment may be restricted if an order has

been made in accordance with regulation 5(7) of the Immigration

Regulations by the Minister responsible for employment.

(3) Any restrictions applicable to equal treatment referred to in

this regulation shall be without prejudice to the provisions of the

International Protection Act and any subsidiary legislation made

thereunder.

(1) A third country national who has acquired long-term

resident status in Malta may be expelled from Malta through a

removal order issued by the Principal Immigration Officer when he

constitutes an actual and sufficiently serious threat to the public

policy or public security of Malta with due regard to the following

factors

(a) the duration of residence in Malta;

(b) the age of the person concerned;

(c) the consequences for the person concerned and family

members;

(d) links with Malta as his country of residence or the

absence of links with his country of origin.

(2) The expulsion referred to in subregulation (1) shall not take

place for economic considerations.

(3) Where it has been decided that a long-term resident whose

long-term resident’s EU residence permit contains the remark

referred to in the proviso to regulation 8(3) is to be removed from

Malta, the Director shall request the Member State mentioned in

the said remark to confirm whether the long-term resident is still a

beneficiary of international protection.

(4) If the said Member State confirms that the long- term

resident is still a beneficiary of international protection, the long-

term resident shall be removed to that Member State

Provided that where that person concerned fulfils the

conditions specified in article 14(2) of the International Protection

Act, the Principal Immigration Officer shall retain the right to

remove him in accordance with Malta’s international obligations, to

a country other than the Member State which granted international

protection.

(5) The provisions of this regulation shall apply without

prejudice to the provisions of article 14(1) the International

Protection Act.

If a Member State requires confirmation, prior to expelling

a long-term resident who was granted such status in that Member

State and in whose residence permit it is remarked that such person

enjoys international protection in Malta, as to whether such person

still enjoys international protection, the Director shall reply no later

than one month after receiving the request for information. If the

said person is still a beneficiary of international protection in

Malta, he shall be readmitted without any formalities together with

his family members without prejudice to the provisions of the Act

and any subsidiary legislation made thereunder and applicable EU

law.

PART III

Residence in Malta of Third Country Nationals granted Long-Term

Resident Status in another Member State

(1) A third country national who has been granted long-

term resident status by another Member State other than Malta may

reside in Malta, for a period exceeding three months, subject to the

conditions set out in this Part of these regulations and may do so

for the following reasons

(a) the exercise of an economic activity in an employed or

self-employed capacity

Provided that, without prejudice to any rights acquired

in accordance with the provisions of regulation 19, in

order to undertake such an activity the person

concerned should be in possession of an employment

licence that has been issued after the situation of the

labour market in Malta has been examined by the

competent authorities;

(b) the pursuit of studies or vocational training;

(c) other purposes.

(2) In applying the provisions of subregulation (1)(a)

preference may be given to EU citizens, to third country nationals

when provided for by Community law, and to third country

nationals residing legally and receiving unemployment benefits in

Malta.

(3) This Part does not concern the residence of persons who

have been granted long-term resident status in other Member States

and are in Malta as -

(a) employed workers posted by a service provider for the

purposes of cross-border provision of services; or

(b) providers of cross-border services.

(1) A third country national who has been granted long-

term resident status in another Member State and who wishes to

reside in Malta shall apply to the Director for a residence permit as

soon as possible and, in any case, no later than three months after

entering Malta.

(2)

(a) The provisions of regulation 5(2)(b) to (d) shall also

apply in this case.

(b) The third country national shall provide evidence that

he has stable and regular resources which are

sufficient to maintain himself and the members of his

family without recourse to the social assistance system

in Malta and which would be equivalent to the average

gross wage in Malta with an addition of another

twenty percent of the average wage for each member

of the family.

(c) When not constituted in the first Member State, family

members shall be allowed to accompany the third

country national holding the long-term residence

permit if the applicable provisions of the Family

Reunification Regulations are satisfied.

(3) The person mentioned in sub-regulation (1) shall submit the

evidence required in regulation 5(3)

Provided that if he has already complied with integration

measures in the first Member State, he shall submit evidence of

having complied with such measures as well as the evidence

referred to in regulation 5(3)(b).

(4) The long-term resident shall also submit his long-term

resident permit that had been issued to him in the other Member

State or a certified copy thereof.

(5) In addition to the provisions of subregulation (2), the said

person shall also provide the following

(a) if he has entered Malta for the purpose of carrying out

an economic activity, he shall be required to furnish

the employment licence which has been issued for the

purpose;

(b) if he has entered Malta for the purpose of study or

vocational training, he shall be required to furnish

documentary evidence of enrolment in an accredited

establishment in order to pursue studies or vocational

training; and

(c) if he has entered Malta for any other purpose except

for those referred to in paragraphs (a) and (b), he shall

be required to provide documentary evidence, which

shall be determined by the Director, related to the

purpose of his residence.

(1) When the long-term resident applies for a permit to

reside in Malta referred to in regulation 14(1), only the family

members referred to paragraphs (a) to (d) of the definition of

"family members" in regulation 2 residing with him in the first

Member State, shall be authorized to accompany or join the long-

term resident in Malta

(2) With respect to the application to be made for a residence

permit, the provisions of regulation 14(1) shall apply.

(3) A family member referred to in subregulation (1) shall,

when applying for a residence permit in Malta, present

(a) his long-term resident’s EU residence permit or

residence permit or a certified copy thereof;

(b) a valid travel document;

(c) evidence that he has resided as a member of the family

of the long-term resident in the first Member State;

(d) evidence that the long-term resident referred to in

subregulation (1) shall have stable and regular

resources as required in regulation 14(2)(b) as well as

sickness insurance in respect of all risks normally

covered for Maltese nationals in respect of the said

family member.

(1) The Director may refuse an application for residence

made by a long-term resident or his family members where the

person concerned constitutes a threat to public policy or public

security.

(2) When taking the relevant decision in accordance with

subregulation (1), the Director shall consider the severity or type of

offence against public policy or public security committed by the

long-term resident or his family member, or the dangers that are

emanating from such person.

(3) Refusal to grant a residence permit shall not be based on

economic considerations.

(1) The Director may refuse an application for residence

from a long-term resident or members of his family where the

person concerned constitutes a threat to public health.

(2) The only diseases that may justify a refusal to allow entry

or the right of residence in Malta under this Part shall be the

diseases as defined by the relevant applicable instruments of the

World Health Organisation and such other infectious or contagious

parasite-based diseases as are the subject of protective provisions

in relation to Maltese nationals in accordance with the provisions

of the Public Health Act.

(3) Diseases contracted after the first residence permit was

issued under this Part shall not justify a refusal to renew the permit

or expulsion from Malta.

(4) The Director may require a medical examination for

persons to whom this Directive applies in order to certify that they

do not suffer from any of the diseases referred to in subregulation

(2).

(1) The Director shall give the applicant for a residence

permit under this Part written notification of his decision as soon as

possible and, in any event, no later than four months from the date

when the application was lodged

Provided that, if the applicant does not submit

documentary evidence as required by regulations 13 and 14(2)(a)

and (b) or, in exceptional circumstances which are linked to the

complexity of the examination of the application, the time limit of

four months may be extended by another period of not more than

three months.

(2) The Director shall notify the applicant when the period for

the examination of the application is extended.

(3) If the conditions of regulations 13, 14 and 15 are met and

subject to the provisions relating to public policy, public security

and public health in regulations 16 and 17, the Director shall issue

a residence permit to the long-term resident.

(4) The residence permit shall be valid for a period of one year

and shall, upon application, be renewable.

(5) In the case of a person who holds a long-term resident

permit issued by another Member State and which contains a

remark that he was granted international protection in that Member

State and where Malta has accepted the transfer of international

protection from the same Member State and the person concerned

has not yet been issued by the Director with a long-term resident

permit in terms of the proviso to article 8(3), the Director shall ask

that Member State to amend the remark accordingly.

(6) In the case of a person who holds a long-term residence

permit issued by another Member State and where Malta has

granted international protection to such person, the Director shall

ask that Member State to amend the remark accordingly.

(7) The Director shall issue an amended long-term resident

permit containing the relevant remark to a person who has been

granted long-term residence in Malta, and who has exercised his

right of mobility to another Member State as provided for in

Council Directive 2003/109/EC of 25 November 2003 Concerning

th e St a t u s of T h i r d- C ou n t ry N a t io n a l s w ho ar e L o n g- Te r m

Residents, within 3 months of having received the request from the

Member State to which the long-term resident has moved where -

(a) that Member State has accepted the transfer of

protection of the said person; and,

(b) that Member State has granted international protection

to such person.

(8) The Director shall keep the responsible authorities of the

Member State which had issued the long-term resident permit

informed about his decision to grant or renew a residence permit

under this Part.

(9) The Director shall issue residence permits to the family

members of the long-term resident, which permits shall, upon

application, be renewable, and which shall be valid for the same

period as the residence permit issued to the long-term resident.

(10) In the case of a decision rejecting an application for a

residence permit, the written notification referred to in sub-

regulation (1) shall include the reasons therefor and details about

the possibility of lodging an appeal with the Board.

(11) In the event that the Director fails to give a decision within

the period specified in subregulation (1), the application shall

automatically be passed on for appeal to the Board.

(1) As soon as the third country national who has applied

for a residence permit in Malta under this Part receives such permit

in accordance with the provisions of regulation 18, the provisions

of regulation 11 shall apply.

(2) Long-term residents shall have access to the labour market

in accordance with the provisions of subregulation (1)

Provided that

(i)

such persons who are exercising their right of

residence in Malta for the reasons stated in

regulation 13(1)(a) shall not have, for the first

twelve months after having been issued with a

residence permit, access to an employed activity

other than that for which they have been granted

an employment licence;

(ii) such persons who are exercising the right of

residence in Malta for the reasons stated in

regulation 13(1)(b) shall not have any, or only

restricted, access to an employed activity, after

the situation of the labour market in Malta has

been examined by the competent authorities;

(iii) such persons who are exercising the right of

residence in Malta for the reasons stated in

regulation 13(1)(c) shall only have access to an

employed activity after the situation of the

labour market in Malta has been examined by

the competent authorities.

(1) Until the third country national obtains long-term

resident status in Malta under this Part, the Director may refuse to

renew or may decide to withdraw the residence permit and oblige

the third-country national concerned and his family members, in

accordance with the provisions of the Act, to leave Malta in the

following cases

(a) on the grounds of public policy or public security in

line with the provisions of regulation 16;

(b) where the conditions provided for in regulations 13, 14

and 15 are no longer met;

(c) where the third-country national is not lawfully

residing in Malta.

(2) The Director shall notify the first Member State of his

decision.

(3) In taking a decision on the grounds stated in subregulation

(1)(a), the Director may decide to include a permanent ban on

residence.

(4) Until the third-country national has obtained long-term

resident status in Malta, the Principal Immigration Officer may

adopt a decision to remove the third-country national from the

territory of the Union, in accordance with the provisions of the Act

and in accordance with and under the guarantees provided for in

regulation 12, on serious grounds of public policy or public

security.

(5) In such cases referred to in subregulation (4), the Director

shall consult with the competent authorities of the Member State

which had issued the long-term residence permit.

(6) When a decision is taken in accordance with subregulation

(1), the Director shall provide the competent authorities in the

Member State that had issued the long-term residence permit with

appropriate information with respect to the implementation of the

decision.

(7)

(a) The provisions of sub-regulations (4), (5) and (6) shall

not apply to a third country national whose long-term

resident EU residence permit issued by the Member

State concerned contains the remark that international

protection was granted by such State unless in the

m e a n ti m e , t he i nt e r na t iona l prot ect io n ha s b een

withdrawn or the person falls within one of the

categories specified in article 14(2) of the International

Protection Act.

(b) This sub-regulation shall apply without prejudice to

the provisions of article 14(1) of the International

Protection Act.

(1) In the case of a third country national who has been

granted long-term resident status in Malta and, after having moved

to another Member State, has been removed from that State on the

grounds stated in regulation 20(1), the Principal Immigration

Officer shall immediately readmit, without formalities, the person

concerned and his family.

(2) If the said third country national also holds international

protection in Malta, the provisions of regulation 12A shall apply.

(1) Upon application, the Director shall grant long-term

residents referred to in this Part, the status provided for by

regulation 7(5), subject to the provisions of regulations 3, 4, 5 and

6 hereof.

(2) The Director shall notify the competent authorities of the

first Member State of his decision.

(3) The procedures laid down in regulations 5 and 7 shall apply

to the presentation and examination of applications for long-term

resident status in Malta under this Part.

(4) The provisions of regulation 8 shall apply to the issuing of

the residence permit.

(Deleted by Legal Notice 197 of 2014).