FREE MOVEMENT OF EUROPEAN UNION NATIONALS AND THEIR FAMILY MEMBERS ORDER

SUBSIDIARY LEGISLATION 460.17

FREE MOVEMENT OF EUROPEAN UNION

NATIONALS AND THEIR FAMILY MEMBERS

ORDER

20th July, 2007

LEGAL NOTICE 191 of 2007, as amended by Legal Notices 427 of 2007,

329 of 2011, 107 of 2012 and Act XXIX of 2019.

Part I

Preliminary

(1) The title of this Order is the Free Movement of

European Union Nationals and their Family Members Order.

(2) This Order revokes and replaces Part II of the Immigration

Regulations with respect to nationals of the EU only, with effect

from the day it is published. Such Regulations shall continue to

apply to those countries whose nationals have freedom of

movement in the European Union but in respect of whom the

provisions of Directive 2004/38/EC are not yet effective.

(3) This Order implements, inter alia, the provisions of Directive

2004/38/EC of the European Parliament and of the Council of the 29

April 2004.

(4) This Order shall apply to all Union citizens who move to or

reside in Malta other than Maltese nationals, and to their family

members or other family members as defined in this Order, who

accompany or join them, as well as to third country nationals.

For the purposes of this Order, unless the context otherwise

requires -

"the Act" means the Immigration Act;

"the Board" means the Immigration Appeals Board constituted

by article 25A of the Act;

"the Director" means the Director for Citizenship and Expatriate

Affairs;

"family member" means

(a) the spouse, provided it does not include a party to a

marriage of convenience;

(b) the direct descendants who are under the age of

twenty-one or are dependants, and those of the spouse;

(c) the dependent direct relatives in the ascending line and

those of the spouse;

"other family member" means

(a) a person who, irrespective of his nationality, in the

country from which he has come, is a dependant or a

member of the household of the Union citizen having

the primary right of residence, or

(b) a person who, for serious health reasons, strictly

requires personal care by the Union citizen;

"employment agency" means the public agency on employment

service set up in terms of the Employment Agencies Regulations;

"exclusion from Malta" means a restriction on the right of entry

or residence or a removal order which has been enforced;

"identification document" includes a valid passport,

identification card, travel document or other appropriate document

as the Minister may, by notice in the Gazette, designate as such for

the purposes of this Order;

"licence" means such employment licence as may be required for

the holder to engage as an employed person or to carry out some

other economic activity in Malta;

"Maltese national" means any person deemed to be a citizen of

Malta by virtue of the Constitution of Malta and any other law as

may be in force;

"Member State" means a Member State of the European Union

(other than Malta) and a state of the European Economic Area

Provided that a State of the European Economic Area means

Norway, Iceland and Liechtenstein;

"the Minister" means the Minister responsible for immigration;

"permanent residence certificate" means a certificate issued to a

Union citizen in accordance with article 7 as proof of the holder’s

right of permanent residence in Malta as at the date of issue;

"permanent residence card" means a card issued to a family

member who is a third country national, in accordance with article

7, as proof of the holder’s right of permanent residence in Malta as

at the date of issue;

"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;

"registration certificate" means a certificate issued to a Union

citizen in accordance with article 7 as proof of the holder’s right of

residence in Malta as at the date of issue;

"residence card" means a card issued to a family member or other

family member who is a third country national in accordance with

article 7 as proof of the holder’s right of residence in Malta as at

the date of issue;

"third country" means any State which is not a Member State;

"third country national" means a person who is not a Union

citizen;

"travel document" means such document as entitles the holder to

cross a border crossing point;

"Treaty" means the Treaty on the Functioning of the European

Union;

"uniform residence permit" means a permit issued under article

4A of the Act and in particular means an authorisation of any type

giving the right of residence within the territory of Malta to a third

country national who is not a family member or an other family

member of a Union citizen. This definition shall not include

temporary permission for residence in Malta for the purpose of the

processing of an application for asylum or an application for a

uniform residence permit or a family member or an other family

member of a Union citizen who is not exercising a Treaty right in

Malta;

"Union citizen", for the purposes of this Order, means any person

having the nationality of a Member State but does not include

Maltese nationals;

"visa" means an authorisation issued in terms of article 8 of the

Act for the purpose of this Order;

"worker" means a worker within the meaning of Article 45 of the

Treaty on the Functioning of the European Union.

PART II

Entry and residence of citizens of the Union, family members

and other family members

(1) Subject to the provisions of this Order, a Union citizen

m a y e n t e r, r e m a i n a n d r e s i d e i n M a l t a , s e e k a n d t a k e u p

employment or self-employment therein, and shall enjoy equal

treatment with Maltese nationals within the scope of the Treaty, and

such right shall, subject to what is stated in this Order, be also

applicable to other family members accompanying or joining the

Union citizen, including those who are not nationals of a Member

State, and to the partner with whom the Union citizen has a durable

relationship

Provided that the Director may refuse, terminate or

withdraw any such right in the case of abuse of rights or fraud

Provided further that the Union citizen shall not be entitled

to social assistance during the first three months of residence or,

where appropriate, the longer period referred to in subarticle (4)

other than workers, self-employed persons, persons who retain such

status and members of their families, nor shall he be entitled, prior

to acquisition of the right of permanent residence, to maintenance

aid for studies, including vocational training, consisting in student

grants or student loans to persons.

(2) Subject to limitations justified on grounds of public policy,

public security or public health, a Union citizen and his family

members accompanying or joining him, may enter and leave Malta

simply with a valid identification document in the case of Union

citizens and a valid passport in the case of family members who are

not nationals of Member States

Provided that, where appropriate, family members who are

not nationals of a Member State shall be required to have an entry

visa, which shall be issued free of charge as soon as possible and on

the basis of an accelerated procedure, unless they are already in

possession of a valid residence card, and no entry or exit stamp

s h a l l b e p l a c e d i n t h e p a s s p o r t o f su c h f a m i l y m e m b e r s i n

possession of a valid residence card

Provided further that the Principal Immigration Officer

shall give every reasonable opportunity to a Union citizen or a

family member who is not a national of a Member State and who

does not have the necessary travel documents available, to obtain

the necessary documents or have them brought to him or to

corroborate or prove by other means that he is covered by the

provisions of Part II of this Order.

(3) Subject to the provisions of subarticles (1) and (2) and

article 4, a Union citizen and his family members accompanying or

joining him may reside and move freely within Malta on the same

conditions as Maltese nationals for a period of three months

without any conditions or any formalities, commencing on the date

of entry or such other period as may be prescribed by subarticle (4)

Provided that a Union citizen and his family members shall

so reside as long as they do not become an unreasonable burden on

the social assistance system of Malta.

(4) The period of three months referred to in subarticle (3) is

extendable to a six-month period, in the case of a person who is seeking

employment.

(5) The Director shall give due and proper consideration in

relation to the admission and residence of any other family member

and of the partner with whom the Union citizen has a durable

relationship, duly attested, by undertaking an extensive

examination of the personal circumstances and shall justify any

denial of entry or residence to these people.

(6) A Union citizen or a person referred to in subarticle (1), who

arrives in Malta and who is not covered by the provisions of article 31 of

the Act applicable to places of accommodation for reward shall, within

one month of his arrival, report his presence in Malta to the Principal

Immigration Officer by reporting at any office designated by the

Principal Immigration Officer , and shall be issued with an

acknowledgement in writing of such report.

(7) Any person who fails to comply with the provisions of

subarticle (1) shall be guilty of an offence and shall be liable, on

conviction, to a fine (multa) of two hundred and thirty-two euro

and ninety-four cents (€232.94)

Provided that if before the person has been found guilty of

having committed an offence under this article, such person pays to

the Commissioner of Police an administrative penalty of between

twenty-three euro and twenty-nine cents (€23.29) and two hundred

and thirty-two euro and ninety-four cents (€232.94), as may be

determined by the Commissioner of Police, no proceedings in

respect of any criminal offence committed in violation of this

article shall be commenced or continued.

(1) A Union citizen and his family members, even if such

family members are third country nationals, may take up residence

in Malta for a period longer than three months subject to the

provisions of articles 3(4), 5, 6, 8, 9, 10, 11 and 12 as applicable.

(2) Where a reasonable doubt exists as to whether the Union

citizen or his family members have satisfied the conditions

contained in the articles referred to in subarticle (1), the Director

shall have the right to verify these conditions.

(3) Without prejudice to any rights which family members or

other family members may enjoy in terms of Part I and II of this

Order, they may reside in Malta only for as long as the right of

residence of the Union citizen continues and the applicable

conditions mentioned in such Parts continue to subsist.

(4) In specific cases where there is a reasonable doubt as to

whether the persons mentioned in the preceding subarticles satisfy

the conditions stated therein, the Director may verify if these

conditions are fulfilled

Provided that this verification shall not be carried out

systematically.

(1) The death of the Union citizen, his departure from

Malta, his divorce recognised under the Marriage Act, or

annulment of his marriage shall not affect the rights of residence of

his family members who are nationals of a Member State.

(2) The death of the citizen of the Union shall not affect the

right of residence of his family members who are third country

nationals and who have been residing in Malta as family members

for at least one year before the Union citizen’s death.

(3) The divorce or the annulment of the marriage of the Union

citizen shall not affect the rights of residence of his family

members who are third country nationals where

(a) the marriage had lasted for at least three years

immediately before the initiation of proceedings for its

termination and the parties to the marriage had resided

in Malta for at least one year during the duration of the

marriage; or

(b) by agreement between the spouses or following a court

order, the former spouse has custody of the Union

citizen’s children; or

(c) the continued right of residence in Malta is warranted

by particularly difficult circumstances, including

having been victims of domestic violence while the

marriage was subsisting; or

(d) by agreement between the spouses or following a court

order, the former spouse who is not a national of a

Member State has the right of access to a minor child

provided that the court has ruled that such access must

be in Malta, for as long as is required.

(4)

The death of the Union citizen or his departure from Malta

shall not affect the right of residence of his children or of the parent

who has actual custody of the children irrespective of nationality, if

the children reside in Malta and are enrolled at an educational

establishment for the purposes of studying, until the completion of

their studies.

(5) The third country nationals referred to in subarticles (2), (3)

and (4) shall retain their right of residence exclusively on a

personal basis.

(1) Subject to the provisions of this article, a Union citizen

who has resided legally for a continuous period of five years in

Malta and his family members who are not nationals of a Member

State and who have legally resided with him in Malta for a

continuous period of five years and persons referred to in article 5

as applicable, may reside permanently in Malta and such right,

once acquired, shall not, without prejudice to any provision of

articles 12 and 13 which may apply, be subject to the conditions

provided for in articles 8, 9, 10 or 11

Provided that a person who is a Union citizen and who is

referred to in article 5 shall, before acquiring the right of permanent

residence, be able to show that he satisfies the conditions

mentioned in articles 8, 9, 10 or 11 as applicable

Provided further that a person referred to in article 5(1), (2)

and (3), who is not a Union citizen shall, before acquiring the right

of permanent residence, be able to show that he satisfies the

conditions mentioned in articles 8, 9 or 11 as applicable or, in the

case of his family members, they are members of the family already

constituted in Malta.

(2) The Director shall require the Union citizen and his family

members referred to in this article to provide proof of continuous

residence as may be prescribed.

(3)

Continuity of residence shall not be affected by

(a) temporary absences not exceeding a total of six

months in each year; or

(b) absences of a longer duration for compulsory military

service; or

(c) one absence of a maximum of twelve consecutive

months for important reasons including pregnancy and

childbirth, serious illness, study or vocational training,

or a posting in another Member State or a third

country.

(4) Once permanent residence is acquired, the Union citizen

and his family members shall only lose such status of permanent

residence through absence from Malta for a period exceeding two

consecutive years.

(5) The following persons shall enjoy permanent residence in

Malta before completion of the continuous period of five years of

residence provided for in subarticle (1)

(a) a worker or self-employed person who, at the time of

his termination of employment, has reached the

retirement age, provided that such person has been

working in Malta for at least twelve months prior to

the termination of his employment and has resided in

Malta continuously for more than three years prior to

such termination;

(b) a worker who has ceased paid employment to take

early retirement, provided that such worker has been

working in Malta for at least twelve months prior to

the termination of his employment and has resided in

Malta continuously for more than three years prior to

such termination;

(c) a worker or self-employed person who has resided

continuously in Malta for more than two years and has

stopped working as a result of permanent incapacity to

work, provided that the required minimum residence

period shall not apply if such incapacity is the result of

an accident at work or an occupational disease

entitling him to a pension for which an institution or

body in Malta is wholly or partially responsible;

(d) a worker or self-employed person who after three

years of continuous employment and residence in

Malta works in an employed or self-employed capacity

in another Member State, while retaining his place of

residence in Malta to which he returns, as a rule, at

least once a week.

(6) For the purposes of entitlement to permanent residence by

the persons referred to in subarticle (5)(a), (b) and (c), periods of

employment spent in another Member State in which such person

concerned has worked or is working, shall be regarded as having

been spent in Malta.

(7)

For the purposes of subarticle (5)(a), (b) and (c) -

(a) periods of inactivity for reasons not of the person’s

own making,

(b) periods of inactivity due to illness or accident, and

(c) periods of involuntary unemployment duly recorded

by the employment agency,

shall be treated as periods of activity as a worker or self-employed

person.

(8) Without prejudice to any rights that may be enjoyed under

the Act, the conditions as to length of residence and employment

laid down in subarticle (5)(a), (b) and (c) shall not apply if the

spouse of any such person is a former citizen of Malta who has lost

Maltese citizenship by reason of marriage to him.

(9) Family members of the person referred to in subarticle (5)

and who are residing with him in Malta, shall have the right of

permanent residence if such person has acquired such right

Provided that, without prejudice to any rights that may be

enjoyed under the Act, if such worker or self-employed person dies

while still working before having acquired the right to remain

permanently in Malta, family members shall be entitled to the right

of permanent residence in Malta if -

(a) such person had, on the date of his death, resided

continuously in Malta for two years; or

(b) that his death resulted from an accident at work or an

occupational disease; or

(c) that the surviving spouse is a former citizen of Malta

and has lost Maltese citizenship by reason of marriage

to such person.

(1) A citizen of the Union and his family members residing

in Malta in accordance with article 3(3), shall not be required to be

in possession of a registration certificate or a residence card before

the expiry of three months from the date of their arrival in Malta.

(2) Upon the expiry of three months from the date of their

arrival in Malta, the persons referred to in subarticle (1), who are

citizens of the Union, shall apply for a registration certificate to the

Director.

(3) The Director shall issue a registration certificate

immediately, stating the name and address of the person registering

and the date of the registration.

(4) Upon the expiry of three months from the date of arrival in

Malta, family members who are not citizens of the Union referred

to in article 7(1) shall apply for a residence card to the Director.

(5) In accordance with article 3(5), the Director may issue a

registration certificate or a residence card to an other family

member as applicable.

(6) The Director shall issue a residence card to be known as

‘Residence card of a family member of a Union citizen’ or as

applicable, no later than six months from the date of application

Provided that a certificate of application for a residence

card shall be issued immediately.

(7) The validity of such residence card shall be of five years

from the date of issue or for the envisaged period of residence of

the Union citizen, if such period is less than five years

Provided that the validity of the residence card shall not be

affected by the absences referred to in article 6(3).

(8) The Director shall issue a citizen of the Union, who is

entitled to reside in Malta permanently in accordance with Article

6, with a permanent residence certificate as soon as possible after

an application for such a certificate and proof that the citizen of the

Union is so entitled has been submitted to the Director.

(9) The Director shall issue a family member, who is a third

country national, and who is entitled to reside in Malta permanently

under article 6, with a permanent residence card no later than six

months after the date on which an application for such a card and

proof that the family member is so entitled has been submitted to

the Director.

(10) A permanent residence card shall be valid for ten years

from the date of issue and shall be renewed automatically by the

Director upon application made before the expiry of the said

residence card

Provided that the validity of the said residence card shall

c e a s e u p on i nt e rr u p t io n o f r e s i d e n c e in M a l ta f o r a p e r i od

exceeding two years.

(11) Registration certificates, residence cards, permanent

registration certificates and permanent residence cards shall be

issued free of charge.

(12) Possession of a registration certificate, a certificate

confirming permanent residence, a certificate attesting submission

of an application for a residence card or for a permanent resident

card shall, under no circumstances, be made a pre-condition for the

exercise of a right or the completion of an administrative formality

under Parts I and II of this Order.

(13) Any member of the Police force may require any person to

whom a r egistration certificate, residence card, permanent

registration certificate or permanent residence card has been issued,

to produce the said document, which shall be valid, on demand, or

if it is not practicable for the person so required to produce it on

demand, not later than twenty-four hours after the demand and,

failure to do so shall constitute an offence against the provisions of

this Order and persons failing to do so shall be liable to a fine

(multa) not exceeding two hundred and thirty-two euro and ninety-

four cents (€232.94) and, in the case of a continuing offence, to a

fine (multa) not exceeding eleven euro and sixty-five cents

(€11.65) for each day during which the offence continues

Provided that, if before the person is found guilty of having

committed an offence in terms of this Order, such person pays to

the Commissioner of Police, an administrative penalty of between

twenty-three euro and twenty-nine cents (€23.29) and two hundred

and thirty-two euro and ninety-four cents (€232.94), as may be

determined by the Commissioner of Police, no proceedings in

respect of any criminal offence committed in violation of this

article shall be commenced or continued.

(14) When issuing a registration certificate or a residence card

as provided for under this article, in order to ascertain whether the

person concerned represents a danger for public policy or public

security as provided for in article 14, the Director may, should he

consider this essential but not as a matter of routine, request the

Mem ber Stat e o f orig in or oth er Mem ber St ates to prov id e

information concerning any previous police record such person

may have

Provided that, if a Member State makes such a request for

information concerning any previous Police record of a Union

national, family member or other family member, to the competent

authorities in Malta, such information shall be transmitted to the

requesting Member State within two months.

(15) The provisions of this Order shall be without prejudice to

the provisions of any law regulating the acquisition of property in

Malta by non-Maltese nationals and a registration certificate or

residence card shall not, by itself, entitle the holder to acquire or

hold property in Malta over and above what is regulated by the

Immovable Property (Acquisition by Non-Residents) Act.

(1) Without prejudice to article 3 and subject to any

restrictions or conditions as may be imposed by this Order, a Union

citizen (hereinafter referred to as "worker") may reside in Malta in

order to take up employment.

(2) The Minister responsible for employment may, by Order,

restrict the labour market, entirely or partially, for nationals of Member

States in line with the arrangements stipulated in the Treaties of

Accession to the European Union that may be applicable during a

specified period of time.

(3) For the purposes of subarticle (2) in particular, for the

monitoring of the labour market by the employment agency, any

person who employs a worker shall abide by the provisions of the

M a n p o w e r R e c o r d s ( C o m m e n c e m e n t o r Te r m i n a t i o n o f

Employment) Regulations, both at time of employment and at time

of termination.

(4) The provisions of this Order shall be without prejudice to

any restrictions on employment with the Public Service.

(5) Where a Union citizen is a worker pursuing an activity as

an employed person in Malta, his family members shall, even if

they are third country nationals, be able to install themselves with

the worker, and for such purposes, they shall be issued with a

registration certificate or a residence card as the case may be in

accordance with the provisions of article 7, subject to the same

rights and conditions applicable to the Union citizen, including the

right to take up an activity as an employed or self-employed person

in Malta.

(6) The Director shall give due and proper consideration

relating to the admission of an other family member of a Union

citizen referred to in subarticle (1) as provided for in article 3(5).

(7) Entitlement to a registration certificate and, or, residence

card shall be evidenced as follows

(a) by the worker

(i)

with the production of a valid identification

document with which the citizen of the Union

entered Malta; and

(ii) with a confirmation of engagement from the

employer or a certificate of employment;

(b) by the family members or other family members

(i)

with a valid identification document if the said

members are EEA nationals and a valid passport

if they are third country nationals;

(ii) with a document issued by the competent

authority of the country of origin or the country

from which such family members came, proving

their relationship to the worker;

(iii) with a document issued by the competent

authority of the country of origin or the country

from which the family members came, in the

case they are dependent children over twenty-

one or are dependent direct relatives in the

ascending line, or other family members,

testifying that they depend on the worker;

(iv) where applicable, with the registration

certificate of the worker;

(v) in the case of other family members only, where

the existence of serious health grounds which

strictly requires the personal care by the Union

citizen, with proof that they are members of the

household of the worker;

(vi) in the case of the worker’s partner, with proof of

the existence of a durable relationship with the

Union citizen.

(8) For the purpose of this Order, a Union citizen shall retain

the status of worker if

(a) he is in duly recorded involuntary unemployment after

having been employed for more than one year and has

registered as a job seeker with the employment

agency; or

(b) he is temporarily unable to work as the result of an

illness or accident; or

(c) he is in duly recorded involuntary unemployment after

completing a fixed term employment contract of less

than a year or after having become involuntarily

unemployed during the first twelve months and has

registered as a job seeker with the employment

agency; or

(d) he embarks on vocational training

Provided that, in relation to paragraph (c), the status of

worker shall be retained for no less than six months

Provided further that in relation to paragraph (d), the

retention of the status of worker shall require the training to be

related to the previous employment unless he is involuntarily

unemployed.

(1) Without prejudice to the provisions of article 3 and

subject to any restrictions or conditions as may be imposed by this

Order, a citizen of the Union may reside in Malta in order to pursue

activities as a self-employed person.

(2) Where a Union citizen is pursuing an activity as a self-

employed person in Malta, his family members may, even if they

are third country nationals, install themselves with such person,

and for such purposes, they shall be issued with a registration

certificate or a residence card, as the case may be, in accordance

with the provisions of article 7, subject to the same rights and

conditions applicable to the Union citizen, including the right to

take up an activity as an employed or self-employed person in

Malta.

(3) The Director shall give due and proper consideration to the

admission of an other family member of the Union citizen referred

to in subarticle (1) of this article as provided for in article 3(5).

(4) Entitlement to a registration certificate by the Union citizen

who is a self-employed person shall be evidenced as follows

(a) with the production of a valid identification document

with which the citizen of the Union entered Malta; and

(b) proof that the Union citizen mentioned in subarticle

(1) is a self-employed person.

(5) The provisions of article 8(7)(b) relating to the issue of a

registration certificate or a residence card, as applicable, shall

apply mutatis mutandis in respect of family members and other

family members of the Union citizen who is self-employed.

(6) The provisions of article 8(8) shall apply mutatis mutandis

to self-employed persons who shall, in such case, retain the status

of self-employed persons.

(7) No citizen of the Union or his family members can pursue

activities as a self-employed person unless he -

(a) is a bona fide self-employed person;

(b) operates from a registered address and satisfies all

other requirements that are normally required of a self-

employed Maltese national, including all matters

relating to registration and taxation.

(1) Without prejudice to the provisions of article 3 and

subject to any restrictions or conditions as may be imposed by this

Order, a Union citizen (herein referred to as the "student") may

reside in Malta for the purpose of following a course of education,

including vocational training.

(2) The right of residence recognised by subarticle (1) shall be

subject to the following conditions

(a) that the citizen of the Union is enrolled in a recognised

educational establishment as provided for in the

Education Act or by the Employment and Training

Services Act, for the principal purpose of following a

course of education, including a vocational training

course; and

(b) that he and his family members, entitled to accompany

him as defined in subarticle (3), and who are

accompanying him, are covered by comprehensive

sickness insurance in respect of all risks in Malta; and

(c) that, by means of a declaration or otherwise, he gives

an assurance to the Director that he has sufficient

resources to avoid becoming a burden on the social

assistance system in Malta during the period of

residence of himself and his family members.

(3) The family members of the Union citizen referred to in

subarticle (2)(b), even if they are third country nationals, may

install themselves with such person, and for such purposes, they

shall be issued with a registration certificate or a residence card, as

the case may be, in accordance with the provisions of article 7,

subject to the same rights and conditions applicable to the Union

citizen, including the right to take up an activity as an employed or

self-employed person in Malta

Provided that the term "family members" does not include

the direct ascendants of the student or of his spouse saving that the

Director shall give due and proper consideration relating to the

admission and residence of such persons as provided for in article

3(5).

(4) The Director shall give due and proper consideration

relating to the admission and residence of an other family member

of the Union citizen referred to in subarticle (1) as provided for in

article 3(5).

(5) Entitlement to a registration certificate or a residence card

where it arises under this article, shall be evidenced as follows

(a) by the student

(i) with a valid identification document;

(ii) with proof that he has been enrolled in a

recognised educational establishment for the

principal purpose of following a course of

education including a vocational training course

thereat;

(iii) with proof that he is covered by comprehensive

sickness insurance as provided for in subarticle

(2)(b);

(iv) with a declaration or otherwise that he has

sufficient resources as provided for in subarticle

(2)(c);

(b) by his family members

(i)

with a valid identification document if the said

members are EEA nationals and a valid passport

if they are third country nationals;

(ii) proof that each family member is covered by

comprehensive sickness insurance as provided in

subarticle (2)(b);

(iii) a declaration or otherwise by the student that he

has sufficient resources as referred to in

subarticle (2)(c);

(iv) the provisions of article 8(7)(b)(ii) to (vi) relating to

the issue of a registration certificate or a residence

card, as applicable, shall apply mutatis mutandis in

respect of family members and other family

members of the Union citizen who is a student.

(1) Without prejudice to the provisions of article 3 and

subject to any restrictions or conditions as may be imposed by this

Order, any citizen of the Union may reside in Malta if he

(a) has sufficient resources for himself and his family

members and other family members, ensuring that they

do not become a burden on the social assistance

system in Malta; and

(b) has comprehensive sickness insurance cover in Malta

for himself and his family members.

(2) The family members of the Union citizen referred to in

subarticle (1), even if they are third country nationals, may install

themselves with such Union citizen, and for such purposes, they

shall be issued with a registration certificate or a residence card, as

the case may be, in accordance with the provisions of article 7,

subject to the same rights and conditions applicable to the Union

citizen, including the right to take up an activity as an employed or

self-employed person in Malta.

(3) The Director shall give due and proper consideration to the

admission of an other family member of the Union citizen referred

to in subarticle (1) as provided for in article 3(7).

(4) Entitlement to a registration certificate by the Union citizen

referred to in subarticle (1) shall be evidenced as follows

(a) with proof that he and his family members and other

family members are covered by comprehensive

sickness insurance in respect of all risks in Malta;

(b) with proof that he has sufficient resources for himself

and his family members and other family members as

provided for in this article, to avoid their becoming a

burden on the social assistance system in Malta during

the period of their residence;

(c) with the production of a valid identification document

of the citizen of the Union;

(d) the provisions of article 8(7)(b) relating to the issue of

a registration certificate or a residence card, as

applicable, shall apply mutatis mutandis in respect of

family members and other family members of the

Union citizen who may reside in Malta by virtue of

subarticle (1).

(5) For the purposes of subarticle (4)(b), the resources referred

t o i n t h a t p a r a g r a p h s h a l l b e d e e m e d s u ff i c i e n t i f t h e y ar e

equivalent to the level of resources indicated by the Minister

responsible for social policy as being the minimum means which

determine the grant of social assistance to Maltese nationals, and

taking into account the personal circumstances of the Union citizen

referred to in subarticle (1) and, where appropriate, the personal

circumstances of accompanying family members. If this criterion

cannot be applied, such resources shall be deemed sufficient if they

are equivalent to the level of the national minimum social security

pension payable by the Government of Malta at the time of

application.

(1) The rights referred to in article 3(1) shall be restricted

by a decision taken on grounds of public policy, public security or

public health

Provided that such rights shall not be restricted solely to

serve economic ends.

(2)

In the application of the provisions of subarticle (1)

(a) the relevant decision shall comply with the principle of

proportionality;

(b) the relevant decision must be based exclusively on the

personal conduct of the person concerned saving that

(i)

the person’s previous criminal convictions do

not, in themselves, constitute grounds for taking

the relevant decision;

(ii) the personal conduct of the person concerned

represents a genuine, present and sufficiently

serious threat affecting one of the fundamental

interests of society;

(iii) matters isolated from the particulars of the case

or which relate to considerations of general

prevention, do not justify a relevant decision.

(3) A decision to restrict right of entry and right of residence

on grounds of public health, shall be limited to those diseases with

epidemic potential as defined by the relevant instruments of the

World Health Organisation and other infectious diseases or

contagious parasitic diseases if they are the subject of protection

provisions applying to Maltese nationals in line with the Public

Health Act

Provided that where there are serious indications that it is

necessary, and not as a matter of routine, the Director may, in

consultation with and upon the recommendation of the

Superintendent of Public Health, within three months of the date of

their arrival, require persons entitled to the right of residence to

undergo, free of charge, a medical examination to certify that they

are not suffering from any such diseases.

(1) A person who ceases to have the right to reside by

virtue of this Order or who becomes an unreasonable burden on the

social assistance system, may be removed from Malta

Provided that a removal order shall not be the automatic

consequence of the person’s recourse to the social assistance

system of Malta

Provided further that without prejudice to the provisions of this

Order, a removal order shall not be issued in the case of a person who is

a worker, or a self-employed, or a job-seeker, who can provide evidence

that he is continuing to seek employment and that he has a genuine

chance of being engaged, or the family members of such persons.

(2)

In the case where a decision for removal on grounds of

public policy or public security is being taken, the Principal

I m m i g r a t i o n O ff i c e r s h a l l t a k e i n t o a c c o u n t a n u m b e r o f

considerations which may include

(a) the period of residence in Malta of the person to be

removed;

(b) the age of such person;

(c) the person’s state of health;

(d) his family and economic situation;

(e) his social and cultural integration in Malta;

(f)

the extent of his links with his country of origin.

(3) A decision for removal shall not be taken in the case of a

Union citizen and his family members, irrespective of nationality,

who have the right of permanent residence, except on serious

grounds of public policy and public security.

(4) A removal decision shall not be taken against a Union

citizen, except if the decision is based on imperative grounds of

public security, if such citizen

(a) has resided in Malta for a continuous period of at least

ten years prior to such decision; or

(b) is under the age of eighteen years unless such decision

is necessary in his best interests.

(5) Diseases referred to in article 12(3), occurring after a three-

month period from the date of arrival, shall not constitute grounds

for removal of the Union citizen, his family members and other

family members from Malta on grounds of public health.

(6) Expiry of the identification document used by a citizen of

the Union and his family members and other family members to

enter Malta and the failure of such persons to obtain a residence

permit or a residence document, as the case may be, shall not, by

itself, justify removal from Malta.

(1) The Director shall inform the person whose free

movement has been restricted in accordance with this Order, or

who is to be removed, in writing, precisely and in full, of the

reasons for such restriction or of the grounds for such removal, on

which the decision taken in his regard is based, in a way that is

comprehensible to such person, unless this is contrary to the

interests of the security of Malta

Provided that, where applicable, the said person shall be

informed of the time allowed to leave Malta except in duly

substantiated cases of urgency, the time allowed to leave Malta

shall not be less than one month from the date of notification.

(2) The Director shall inform the person referred to in subarticle

(1), in writing, of such person’s right to lodge an appeal to the Board and

the time limit for the appeal and the Board shall allow for an

examination of the legality of a removal decision, as well as of the facts

and circumstances on which the proposed measure is based, ensuring

that the decision is not disproportionate, particularly in view of the

requirements laid down in article 13.

(3) Where the application for appeal against a removal order is

accompanied by an application for an interim order to suspend

enforcement of that order, actual removal from Malta may not take

place until such time as the decision on the interim order has been

taken, except

(a) where the removal decision is based on a previous

judicial decision; or

(b) where the person concerned has had previous access to

judicial review; or

(c) where the removal decision is based on imperative

grounds of public security under article 13(4).

(4) The competent authorities may exclude the person

concerned from its territory pending the redress procedure, but

such person may not be prevented from submitting his defence in

person, except when his appearance may cause serious troubles to

public policy or public security or when the appeal or judicial

review concerns a denial of entry to the territory.

(5) A person, who is removed from Malta or whose free movement

has been restricted in accordance with this Order, on grounds of public

policy or public security, may submit to the Principal Immigration

Officer an application in writing for the lifting of his exclusion from

Malta after a reasonable period, depending on the circumstances and in

any event after the lapse of three years from the enforcement of the final

exclusion from Malta and put forward arguments to establish that there

has been a material change in the circumstances which justified the

decision ordering the said exclusion and the Principal Immigration

Officer, in consultation with the Director shall reach a decision on the

application within six months of its submission and such person shall

have no right of entry into Malta pending the consideration of his

application.

(6) The Principal Immigration Officer may not impose a ban on

re-entry following a removal provided that such removal did not

take place on grounds of public policy, public security or public

health.

(7) A removal order shall not be issued by the Principal

Immigration Officer as a penalty or legal consequence of a

custodial penalty unless such order conforms to the requirements of

articles 12 and 13.

(8) If a removal order as provided for in subarticle (5) is

enforced more than two years after it was issued, the Principal

Immigration Officer, in consultation with the Director, shall

ascertain whether the individual concerned is currently and

genuinely a threat to public policy or public security and shall

assess whether there has been any material change in the

circumstances since the removal order was issued.