Immigration Status of British Citizens Resident in Malta in case of a No-Deal Brexit
Legal Notice 63 of 2019 on the ‘Immigration
Status of British CitizensResident In Malta On The Withdrawal DateOf
The United Kingdom From The EuropeanUnion Regulations’ has provided regulations which are to come into force on
the day following a no-deal Brexit, unless a withdrawal agreement concluded
between the European Union and the United Kingdom has entered into force by
that date.
The
Legal Notice applies to a British Citizen who holds British Nationality under
the British Nationality Act, however excludes those holding British nationality
status British nationals (Overseas), British Overseas Territories citizens,
British overseas citizens, British protected persons, and British subjects.
Residence Rights
According
to the Legal Notice, British Citizens who were residents in Malta prior to the
withdrawal date, who are self-sufficient and have sickness insurance, are
entitled to continue residing in Malta and enjoy the right of free movement
into and from Malta. A British citizen who holds a valid Certificate under the
Residents Scheme Regulations is also entitled to the same status provided that
the said Certificate is relinquished and an application is submitted within 2
years from the withdrawal date.
The
family member – including the spouse, the direct descendants who are under the
age of twenty-one or are dependants, and the dependent direct relatives in the
ascending line – or partner of the British citizen shall also enjoy such right
of residence even if they were not residing in Malta on the withdrawal date.
An
exception to this is that the family member or partner of a child born to or
adopted by the said British citizen, shall not enjoy such right of residence if
the relationship or partnership is established subsequent to the withdrawal
date.
Moreover,
when a divorce, separation or death of the British citizen, occurs prior to the
withdrawal date and such family member had continued to enjoy the right of
residence, such family member shall continue to enjoy such right of residence
exclusively in his own respect.
Validity of Period of Status
This status
shall be valid for a period of ten years from the withdrawal date, which status
can also be renewed upon application.
Entitlements
A beneficiary of these regulations shall
be entitled to:
take
up any employment or self-employed activities in Malta and shall not require an
employment licence for that purpose;
access
to healthcare in the same way as prior to the withdrawal date:
if he is a worker or
student, or his family member;
if on this date he has a
certificate of entitlement under the S1 scheme;
if they are economically self-sufficient
and do not fall under the previous sub-paragraphs;
access
to education; eligibility for study and maintenance grants and loans shall
apply if the beneficiary has resided in Malta for 5 years;
recognition
of diplomas, certificates and professional qualifications in accordance with
Maltese legislation, provided that an application for such recognition has been
submitted prior to the withdrawal date;
access
to goods and services and the supply of goods and services made available to
the public;
social
benefits including housing benefits;
exchange
of driving licence issued by the competent authority in the United Kingdom into
a driving licence issued by the competent authority in Malta
Cessation of Rights
The entitlement to the status shall cease
if:
the beneficiary is absent from Malta for a continuous period of two years. The continuity of residence shall however not be affected by: temporary absences not exceeding a total of six months in each year; or absences of a longer duration for compulsory military service; or one absence of a maximum of twelve consecutive months for important reasons
it is contrary to the public interest or public security that the beneficiary enjoys such status;
the beneficiary has been found guilty of an offence and sentenced to imprisonment for one year or more, in Malta or abroad following withdrawal date; or
the beneficiary no longer has enough funds, equivalent to the national minimum wage in Malta, to maintain himself in Malta; or no longer has sickness insurance, or becomes a burden on the Maltese social assistance system. Entitlement of his third country national family member or partner shall also cease; or
the beneficiary does not submit an application for a residence permit within 2 years from the withdrawal date; or
entitlement was obtained by means of fraud, false representation or the concealment of any material fact; or
the beneficiary is the spouse or registered partner, who is a third country national and who, following the withdrawal date, separates or divorces from the British citizen from whom he has derived such status, during the three-year period following the date of marriage or registration of partnership. Entitlement of his third country national family member shall also cease; or
the beneficiary is the de facto partner, who is a third country national and whose relationship with the British citizen from whom he has derived such status no longer subsists; Entitlement of his third country national family member shall also cease.
A
person who is divested of the status shall have the right to lodge an appeal to
the Board.