Bringing Your Family to Malta: A Guide to Family Reunification & Family Member Policies

Malta’s working opportunities together with a strategic position of an island in the Europe, and the captivating blend of history and culture has made it an attractive destination for individuals and families worldwide to relocate thanks to various job opportunities. For third-country nationals already residing in Malta, the ability to reunite and live with loved ones is a crucial step towards building a stable and fulfilling life.

Malta offers two primary pathways for third-country nationals to bring their families to the country:

Family Reunification: This route is designed for family members seeking to join a third-country national already living in Malta. This process involves specific legal requirements and conditions such as the sponsor must have resided in Malta for at least 2 years, the sponsor must hold a valid residence permit for at least 1 year, must have adequate housing for the family, and must also have a stable annual income of €23,136 plus 20% for each additional family member.

Family Member Policy: This policy encompasses a broader set of regulations and rights for family members of various migrant categories, including both EU and non-EU nationals. For the family member policy, the sponsor must have resided in Malta for at least 1 year and must hold a valid residence permit for at least 1 year. The sponsor must have adequate housing for the family and have a stable annual income of €18,940 plus 20% for each additional family member.

The key differences between family reunification and family member policy lie in the eligibility criteria, mainly in the residency requirements, income threshold and the application process: member policy.

Navigating Malta’s family migration laws can be a complex undertaking. At Sciberras Advocates, our team of immigration lawyers is ready to assist you throughout the entire application process. We will help you:

• Assess your eligibility for family reunification or family member policy.
• Prepare and submit all necessary documentation.
• Communicate with the relevant authorities on your behalf.

We understand the importance of family unity and are here to support you every step of the way whilst advocating for your rights and interests throughout the process. Contact Sciberras Advocates today for a consultation: [email protected].

This article is for information purposes only and should not be construed as legal advice.

Article and research done by Ms Caitlin Turner, currently reading a Bachelor of Laws (Honours) at University of Malta

Sciberras Advocates founded by Dr Adrian Sciberras, is a law firm based in Malta. The firm prides itself to be multi-disciplinary, innovative and flexible in order to meet the changing times and any challenges in the local and international legal scenario. No matter what private or corporate complex demands are called for, Sciberras Advocates offers practical and cost-effective legal solutions to achieve your desired results. You may reach Sciberras Advocates by phone on +35627795222 or via email on [email protected].

A Guide for Non-EU Nationals

Non-EU national seeking long-term residency in Malta maybe granted one if they meet specific criteria issued by Identità. Malta has become home to many Third-Country Nationals (TCN), and many have been residing here for many years. This fact has led to various family reunification applications as well as long term residency applications. 

Long-Term Residence (LTR) may be granted to TCNs residing in Malta who meet certain criteria and this LTR permit entitles the holder and family members to remain in Malta permanently. Malta offers a lot of work opportunities, good quality of life and healthcare. Beyond this, the country’s location provides easy access to Europe, North Africa, and the Middle East. This combination of benefits has made Malta attractive to expatriates from around the world.

If you’re a non-EU national considering long-term residency, here are the key criteria that must be met:

Residency Duration: You must have legally and continuously resided in Malta for at least five (5) years. You will be asked for proof. You will also need to show a chronological list of dates of arrival and departures from the territory of the EU.

Covering Letter: You must provide a covering letter explaining the intentions to apply for the long-term resident status, your story in Malta, including accurate information on your first settlement in Malta, the nature of the stay throughout the years, and the existence of any family members.

Stable Financial Resources: Proof of a stable income, demonstrating your ability to support yourself (and your family, if applicable), without reliance on social assistance. You will need to provide tax declarations from previous years.

Accommodation: You must own or rent a suitable home in Malta, including a certificate by a warranted architect.

Integration Measures: You need to fulfil the integration requirements outlined in Subsidiary Legislation 217.05, which include language proficiency and an understanding of Maltese culture. The I Belong course is provided by the Human Rights and Integration Directorate and must include confirmation of at least 100 hours of attendance and the achievement of an examination pass mark of at least 75%, obtained at most 12 months before the date of application. You will also need a pass mark of at least 65% in MQF Level 2 Maltese language certificate and documentation showing that the relevant course fees have been paid.

Once you meet these conditions, you are eligible to apply for long-term residency status through Identità. At Sciberras Advocates, we provide comprehensive legal support to guide you through every step of the application process for Long-Term Residence. Our services include eligibility assessment, document preparation, application submission, follow-up and appeals.

With years of experience in immigration law, Sciberras Advocates has helped numerous Third Country National clients navigate Malta’s residency laws. If you require our assistance with the LTR application, or any other immigration procedures, overstays, or appeals in Malta, please get in touch on [email protected].

This article is for information purposes only and should not be construed as legal advice.

Article and research done by Ms Caitlin Turner, currently reading a Bachelor of Laws (Honours) at University of Malta

Sciberras Advocates founded by Dr Adrian Sciberras, is a law firm based in Malta. The firm prides itself to be multi-disciplinary, innovative and flexible in order to meet the changing times and any challenges in the local and international legal scenario. No matter what private or corporate complex demands are called for, Sciberras Advocates offers practical and cost-effective legal solutions to achieve your desired results. You may reach Sciberras Advocates by phone on +35627795222 or via email on [email protected].

Act XX of 2024: ‘Various Laws relating to Private Residential Leases (Amendment) Act’ – Key Effects and Legal Implications

On June 18^th 2024, Act No. XX of 2024, titled the ‘Various Laws relating to Private Residential Leases (Amendment) Act’, was published in the Maltese Government Gazette. This Act amends both the Civil Code, Chapter 16 of the Laws of Malta, and the Private Residential Leases Act, Chapter 604 of the Laws of Malta. its purpose is to afford more protection to both the lessor and the lessee, respectively, and this is achieved by broadening the Authority’s enforcement powers, regulating lease substitutions, additions, consensual terminations and express renewals more thoroughly, and imposing harsher penalties for non-compliance with the Amending Act.

Amendments to the Civil Code

• Article 1555A of the Civil Code: Non-Use of Tenement

The amending act is divided into two parts: Part 1 which amends the Civil Code, and Part 2 which amends the Private Residential Leases Act. Article 1555A of the Civil Code has been revised to remove the reference made to Article 1531F of the Civil Code. Article 1555A deals with instances where the leased property is not being used, due to the tenant being absent and is instead residing in a healthcare facility.

Previously, the second sub-article of Article 1555A provided that if the tenant was admitted to a healthcare institution, the lease would automatically transfer to individuals listed in Article 1531F, including the tenant’s children and siblings, under certain conditions. However, since Article 1531A was repealed by Act XXIV of 2021, this reference became obsolete.

Under the new amendments, if a lessee has been admitted indefinitely to a healthcare institution, the lessee will be treated as if he had died. In this regard, the provisions of Chapters 69 and 158, which cater for the continuance of a lease upon the lessee’s death are made applicable to these situations. Consequently, the lease may continue only in favour of the spouse or siblings who lived in the same tenement with the lessee for at least four years out of five years preceding 1^st June 2008, and who continued to live with the lessee until the admission to the healthcare facility.  

Other individuals who lived with the lessee, for the same above stipulated period, but do not meet the tenant definition criteria under the Reletting of Urban Property (Regulation), which came into force through Act XXVI of 2021, must vacate the tenement within five years from the lessee’s date of permanent admission.

The means testing criteria stipulated in the Reletting of Urban Property (Regulation) will still be applicable to the relatives of the lessee who continue occupying the premise.

• Article 1573 of the Civil Code: Or on the Ground that the Lessor Desires the House for his Habitation

Article 1573 of the Civil Code, dealing with dissolution of lease contracts, provides different notice periods to the lessee, in accordance with the remaining period of the lease. Previously, the lessee required a notice period of one month for lease dissolution, if the remaining term was over a year, or fifteen days if it was less, in cases where the lessor wishes to dissolve the lease contract on the ground that he desires the tenement for his own habitation, or wishes to sell the property.

Under Act XX of 2024, a proviso has been added to Article 1573, mandating a minimum notice period of three months for private residential leases, in accordance with the Private Residential Leases Act. The notice must also be delivered by registered letter. This amendment aligns and harmonises the provisions of the Civil Code with the Private Residential Leases Act.

This amendment was also made applicable to Article 1575 of the Civil Code, in case of private residential leases of urban tenements.

Amendments to the Private Residential Leases Act

• Article 2 of the Private Residential Leases Act: Interpretation

Firstly, for clarification purposes, Act XX of 2024 has introduced some new definitions to the Private Residential Leases Act. Whilst the definition of ‘building’ or ‘premises’ has come to mean “a house or other building, or part thereof, which is used or may be used for residential purposes in accordance with the provisions of the relevant laws”, a ‘dwelling house’ has been defined as “a building or part of a building separately let, which includes any land or garden forming an integral part, or enclosed within the precincts of such dwelling house, but does not include any movable structure, vessel or vehicle”.  The word ‘lease’ has also been amended to include ‘sublease’ within the definition. The meaning of the word ‘resident’ has also been clarified, and it has come to mean any lessee as defined under this article, and including any other occupant.

A new proviso has also been added to the definition of a ‘residence’, whereby it is now stated that if the tenement in question is being leased by a company to accommodate its employees, whereby the latter are paying any form of consideration to the company, then, this shall be deemed as a sublease.

• Article 4 of the Private Residential Leases Act: Obligation to Register Private Residential Lease Contracts

Act XX of 2024 introduces significant amendments to Article 4 of Chapter 604. Whilst previously, in terms of Article 4(2) the registration period window was within 10 days of the commencement of the lease, today, this has been extended to 30 days, being applicable with retrospective application. Moreover, rather than being a duty of the lessor to register lease contracts, this has now become an obligation.

A proviso has also been added to sub-article (3), stating that such obligation of the lessor to register the lease contract comes into force immediately upon the commencement of the agreement, and in case of criminal proceedings, the 30-day period provided in sub-article (2) would be irrelevant and cannot be used as a defence for delay in registering.

Article 4 of the Private Residential Leases Act has also been amended in relation to the protection of dwelling houses. Article 4(7) now requires lessors to specify the number of residents living in the dwelling house. Then, through the amendments to sub-article (8), the Minister is empowered to set regulations on minimum habitability standards and to limit the number of occupants. In parallel, the Housing Authority is prohibited from registering lease agreements which breach these standards. Then, the law goes on to say that even if, for some reason, the lease is authorised by the Housing Authority, despite not meeting the requisite standards, this authorisation alone does not constitute a certification of the habitability, and therefore, cannot be used as a defence.

In this regard, reference can be made to Legal Notice 197 of 2024, titled ‘Limitation of the Number of Residents who may occupy a Leased Dwelling House Regulations, 2024’, which limits the number of tenants living simultaneously to not more than ten, if the number of residents are not living together as a family, and this is irrespective of whether the property would have been leased in its entirety or by individual rooms.

To determine the exact number of permissible residents, the Housing Authority requires the lessor to provide a declaration, detailing the number of bedrooms and bathrooms in the leased property. Then, the Schedule Annexed to the Legal Notice provides the maximum number of residents allowed, in proportion to the number of bedrooms and bathrooms.

These amendments are intended to provide for a better living standard and improve tenant conditions.

• Article 6 of the Private Residential Leases Act: Requisites in Writing of a Contract of Private Residential Lease

Article 11 of Act XX of 2024 amends Article 6(1)(g) of the Private Residential Lease Act to require the preparation of an inventory for all lease agreements. The inventory must be signed by all parties participating in the lease, and which must attest the condition of the leased premises, and any included furniture, supported by photos and brief descriptions.

Therefore, not only should all lease agreements made after January 2020 be made in writing, but through Act XX of 2024, these must also include an inventory requirement, irrespective of whether the property is furnished or unfurnished. Then, in terms of sub-article (2), if this requirement is missing, then, the lease contract will be null and void. On the other hand, the previous requirement to include the amount of security deposit has been removed.

This amendment is to safeguard both lessors and lessees, by documenting the condition of the property at the start and at the end of the lease, thereby addressing potential damage issues.

• Articles 9A-9D of the Private Residential Leases Act: Addition of New Articles to the Principal Act

Four new articles have been introduced in the Private Residential Leases Act, following Article 9, and which provide guidelines for the substitution and addition of leases. Article 9A, entitled ‘Express Renewal’, has been introduced to explain that apart from the possibility of a tacit renewal, the parties may also renew their agreement expressly. However, for an express renewal to be valid, it must maintain the original terms, with the exception of a permissible rent increase of up to 5%. Moreover, an agreement for renewal cannot be made for a period of less than a year, although a longer period is allowed.

On a different note, if the lessor has given a notice of termination to the lessee, but the latter has continued to stay beyond the contractually agreed period, and with the lessor requesting rent, if such renewed period has not been registered, or at least, the notice of termination has not been withdrawn, an administrative penalty of over 2,000 euros can be issued by the Housing Authority, and this is in line with Article 20.

The second newly introduced article is Article 9B, entitled ‘Substitution of Lessee’. In terms of this article, any party to the agreement can request the substitution of a lessee. However, this will only be valid if it is affected with the express consent of the lessor and the outgoing lessee, and in particular circumstances, also by the new lessees, who are referred to as ‘incoming lessees’. Nonetheless, this substitution can only happen if the total number of lessees who can occupy the tenement simultaneously remains the same. There is also no requirement for a new lease agreement and this also does not interrupt the legal periods of the existing lease. Therefore, the term which was provided initially in the original lease agreement, will subsist vis-à-vis the incoming lease. The incoming lessee must still be provided with the original lease agreement, to understand his rights and obligations. In practice, this is most useful for shared living arrangements.

Differently, the third newly introduced article, Article 9C, deals with the addition of a lease. Any party to agreement may request the addition of a lessee to the same lease agreement, also with the express consent the lessor and also all the other existing lessees. Moreover, the addition of a new lessee will also not result in a new lease agreement and there will also be no interruptions of time periods. However, when a new lessee is added to an already existing lease agreement, he is to also assume responsibility for the debts incurred even prior to his addition.

Finally, the last article which has been introduced is Article 9D, entitled ‘Registration of a new lease in the case of consensual termination of the lease or abandonment of the property by the lessee’. If a lease is terminated by mutual consent or the lessee abandons the property, the lessor may register a new lease for the same property, even if the original lease term is not complete. Then, the Housing Authority is to give notice to the previous lessee, of the wish of deregistration. If the lessor’s wish to register a new lease agreement in bad faith, the lessor remains obligated to the previous lessee. Moreover, although there would have been the cancellation of a lease, the lessor may still bring a claim against the lessee for the abandonment of the property.

This termination by mutual consent or by abandonment is also made applicable to cases where multiple lessees are involved, and only one is affected by the termination or abandonment. However, in such cases, there must be the consent of the other lessees who appear on the original lease agreement for the other lessee to be removed out.

• Article 11 of the Private Residential Leases Act: Withdrawal by the Lessee in the Case of Long Private Residential Leases

Act XX of 2024 introduces new restrictions on lease termination by the lessee, particularly in cases of lease renewal. If there has been a tacit renewal of a lease agreement, in line with Article 9(2) of the Private Residential Leases Act, and no termination notice has been provided by the lessor at least 3 months prior to the termination, the lessee cannot terminate and withdraw from the lease before at least 3 months have passed from the renewal date, provided the renewal is for one year.

On the other hand, if the renewal was express, in line with the newly introduced Article 9A, the lessee cannot withdraw from the lease agreement unless half the period as specified in sub-article (1), which sets out the time within which a lessee can withdraw from the lease agreement in accordance with the duration of the lease agreement itself, has passed. These changes are designed to provide greater stability and predictability in lease agreements following renewal.

• Article 20 of the Private Residential Leases Act: Enforcement Procedure

Article 20 of the principal act has been substituted, providing for harsher compliance penalties. In terms of the new amendments, the Authority can issue a written notice, detailing corrective actions and provide an administrative penalty, if found guilty of the offence, of not more than 2,329.37 euros, in three instances:

1. If a dwelling house is being occupied, for residential lease purposes, by any person without a valid title of lease, either because the lease agreement does not satisfy the written requisites required for a lease agreement, or if it does so, it was not registered properly;
2. The lessor has permitted more lessees to live in the same dwelling house than that declared in the registration of the lease agreement;
3. A person has made a declaration which is either false, misleading or incorrect.

• Transitory Provision

When it comes to transitory provisions, leases which commenced prior to the introduction of the Amending Act continue to be governed by Chapter 604 of the Laws of Malta, the Private Residential Leases Act. However, if such leases are still in effect as of 31^st of August 2025, they must adhere to the new regulations, specifically those on occupancy limits.

In conclusion, this amending act is aimed to modernise the private residential lease market by providing clear guidelines to both stakeholders and interested parties alike. It marks a significant step forward in ensuring that the rights and obligations of all parties are clearly defined in law, which in turn provides more protection to both sides of a lease agreement.

This article is for information purposes only and should not be construed as legal advice.

Article and research done by Ms Caitlin Turner, currently reading a Bachelor of Laws (Honours) at University of Malta

Sciberras Advocates founded by Dr Adrian Sciberras, is a law firm based in Malta. The firm prides itself to be multi-disciplinary, innovative and flexible in order to meet the changing times and any challenges in the local and international legal scenario. No matter what private or corporate complex demands are called for, Sciberras Advocates offers practical and cost-effective legal solutions to achieve your desired results. You may reach Sciberras Advocates by phone on +35627795222 or via email on [email protected].

Update 19th September 2024: Further to a series of consultations, an agreement has been reached yesterday regarding the Property Lease Agreement Attestation Form between Identità, the Notarial Council of Malta, the Chamber of Advocates, and Legal Procurators.

Kindly note that in order to attest the form, the landlord/s and tenant/s require to set up an appointment with our office. Should you wish to do so please call us on +35627795222 or get in touch with us on [email protected].

This article is for information purposes only and should not be construed as legal advice.

Sciberras Advocates founded by Dr Adrian Sciberras, is a law firm based in Malta. The firm prides itself to be multi-disciplinary, innovative and flexible in order to meet the changing times and any challenges in the local and international legal scenario. No matter what private or corporate complex demands are called for, Sciberras Advocates offers practical and cost-effective legal solutions to achieve your desired results. You may reach Sciberras Advocates by phone on +35627795222 or via email on [email protected].

Sciberras Advocates, a leading immigration law firm in Malta, is proud to announce the launch of its comprehensive guidebook, Identitas. This invaluable resource is designed to be used as a guide on anything immigration in Malta, but mainly to simplify the process, ensuring that one has clear, comprehensive, and accessible information at the fingertips.

The Latin word ‘Identitas’ encapsulates the essence of Sciberras Advocates’ mission. Beyond simply navigating legal processes, the firm is dedicated to safeguarding and celebrating the unique identities of everyone it serves. Identitas is not merely a guidebook; it is a testament to the firm’s commitment to providing clear, accessible information and personalised service throughout the immigration and employment journey for third country nationals in Malta.

Identitas offers a comprehensive overview of the various procedures that third-country nationals encounter when seeking work permits, changing employment, pursuing family reunification, and more. By breaking down complex legal processes into manageable steps, the guidebook empowers individuals to take control of the processes involved.

Key features of Identitas include detailed instructions for navigating the single permit application process, renewals, employer changes, and more including information on highly qualified individuals, part-time permits, and family member policies. It gives insights and guidelines on health screenings procedures, insurance, skills passes, and other vital aspects of the immigration process.

As a distinguished law firm in Malta specialising in immigration, we handle numerous procedures for third-country nationals related to work permits, change of employment, family reunification, appeals and more.

A digital copy of Identitas is available for download here: https://sciberras.legal/wp-content/uploads/2024/08/Identitas-by-Sciberras-Advocates.pdf.

This article is for information purposes only and should not be construed as legal advice.

Article written by Ms Charlene Sciberras, B.A. (Hons), guest writer, is a marketing and business administration specialist with a special focus on corporate, accounting, and legal matters.

Sciberras Advocates founded by Dr Adrian Sciberras, is a law firm based in Malta. The firm prides itself to be multi-disciplinary, innovative and flexible in order to meet the changing times and any challenges in the local and international legal scenario. No matter what private or corporate complex demands are called for, Sciberras Advocates offers practical and cost-effective legal solutions to achieve your desired results. You may reach Sciberras Advocates by phone on +35627795222 or via email on [email protected].

We would like to notify everyone that starting from September 1, 2024, any property lease contract that is submitted to Identità as part of a residence permit application must be signed by a notary, lawyer, or legal procurator.

We understand that this new requirement may seem daunting, but we are here to help. Our team is ready to assist you in ensuring that your lease contract meets all necessary legal criteria and is properly certified.

For any assistance with certifications or if you have any questions regarding this new process, please do not hesitate to get in touch with us directly. Get in touch with us on [email protected].

This article is for information purposes only and should not be construed as legal advice.

Article written by Ms Charlene Sciberras, B.A. (Hons), guest writer, is a marketing and business administration specialist with a special focus on corporate, accounting, and legal matters.

Sciberras Advocates founded by Dr Adrian Sciberras, is a law firm based in Malta. The firm prides itself to be multi-disciplinary, innovative and flexible in order to meet the changing times and any challenges in the local and international legal scenario. No matter what private or corporate complex demands are called for, Sciberras Advocates offers practical and cost-effective legal solutions to achieve your desired results. You may reach Sciberras Advocates by phone on +35627795222 or via email on [email protected].

We would like to notify everyone that as an increasing number of individual work permits are being refused by Identita’, please note that our team of immigration lawyers in Malta at Sciberras Advocates can assist you with work permit appeals to protect your immigration status and residency in Malta.

We encourage you to contact us for support on [email protected].

This article is for information purposes only and should not be construed as legal advice.

Article written by Ms Charlene Sciberras, B.A. (Hons), guest writer, is a marketing and business administration specialist with a special focus on corporate, accounting, and legal matters.

Sciberras Advocates founded by Dr Adrian Sciberras, is a law firm based in Malta. The firm prides itself to be multi-disciplinary, innovative and flexible in order to meet the changing times and any challenges in the local and international legal scenario. No matter what private or corporate complex demands are called for, Sciberras Advocates offers practical and cost-effective legal solutions to achieve your desired results. You may reach Sciberras Advocates by phone on +35627795222 or via email on [email protected].

Entering the context of employment and labour law is a complex task for any business. At Sciberras Advocates, we specialise in addressing these intricacies, ensuring both employers and employees are well-informed and protected. In this article, we delve into the various stages of employment – from pre-employment considerations to the termination process – highlighting key areas and legal intricacies that employers need to be aware of.

The foundation of any employment relationship is the employment contract. This legally binding document outlines the terms and conditions of employment, including job responsibilities, salary, benefits, working hours, and termination procedures. It is crucial for employers to draft clear, comprehensive contracts to prevent future disputes and ensure compliance with Maltese labour laws. Key components of an employment contract include clear remuneration and benefits, working hours and conditions, duration of employment, termination clauses and confidentiality agreements.

During employment, and as the business grows, an employer might need to tackle certain aspects which are important for the smooth running of the business. These include but are not limited to workplace policies, whistleblowing policies, special incentives, harassment and discrimination policies, and flexible employment arrangements depending on new situations encountered by both the employer and the employee. In fact, very often, as an organisation grows and starts employing more and more employees, an employee handbook could be very beneficial for all parties. The employee handbook serves as a comprehensive guide for employees, detailing company policies, procedures, and expectations. A well-crafted employee handbook can prevent misunderstandings and provide a reference point for resolving disputes.

Workplace policies are essential for maintaining a structured and compliant work environment. These policies can also cover a range of areas such as conduct, attendance, health and safety, and the use of company resources. Properly documented policies help mitigate risks and provide a clear framework for both employees and employers. It is however of utmost important that such handbook is kept updated with legislative changes and ensuring compliance is critical for employers to avoid legal pitfalls.

When it comes to termination of an employment, there are various scenarios to consider such as the most commonly resignation or expiry of contract, but also dismissal. Dismissing an employee should always be the last resort. Employers must follow a fair procedure, provide adequate notice, and ensure the dismissal is for a valid reason. Proper documentation and adherence to legal requirements are essential to avoid claims of wrongful termination and unfair dismissals. Settlement agreements can also be used to resolve disputes and end employment relationships amicably. These agreements typically involve a severance package in exchange for the employee waiving their right to bring future claims against the employer.

In addition to the above, it’s good to note that in the event of a business transfer, employees’ rights must be protected, and that employees’ terms and conditions of employment must be maintained post-transfer.

Employment and labour law in Malta is a multifaceted area that requires careful navigation to ensure compliance and protect the rights of both employers and employees. At Sciberras Advocates, we are committed to providing expert guidance and support in all aspects of employment law, from drafting contracts to resolving disputes and managing terminations. By understanding and addressing the complexities of employment, businesses can foster a fair, productive, and legally compliant workplace.

This article is for information purposes only and should not be construed as legal advice.

Article written by Ms Charlene Sciberras, B.A. (Hons), guest writer, is a marketing and business administration specialist with a special focus on corporate, accounting, and legal matters.

Sciberras Advocates founded by Dr Adrian Sciberras, is a law firm based in Malta. The firm prides itself to be multi-disciplinary, innovative and flexible in order to meet the changing times and any challenges in the local and international legal scenario. No matter what private or corporate complex demands are called for, Sciberras Advocates offers practical and cost-effective legal solutions to achieve your desired results. You may reach Sciberras Advocates by phone on +35627795222 or via email on [email protected].

We would like to notify everyone that in line with the Healthcare (Fees) Regulations – Subsidiary Legislation 35.28 of the Laws of Malta, new healthcare requirements for new applications for third country nationals will come into effect as of 1st August 2024.

New and Still Abroad Applicants applying for employment purposes and Family Members applying under both Regulations and Policy will require a health insurance policy with a minimum coverage of €100,000. This insurance must cover medical treatment, including hospitalisation, in Malta and, if necessary, in other European Union countries. The policy must be valid for the first year of the residence permit.

Student applicants pursuing a course of study at the University of Malta, the Malta College of Arts, Science & Technology or the Institute of Tourism Studies are exempt from these requirements. However, students pursuing courses elsewhere will require a health insurance policy with a minimum coverage of €100,000 for both New and Renewal applications, covering their entire period of stay in Malta.

If you require our assistance on single work permits in Malta for third country nationals, student applications, family reunification or the family member policy applications, or any other immigration procedures or appeals in Malta, please get in touch on [email protected].

This article is for information purposes only and should not be construed as legal advice.

Article written by Ms Charlene Sciberras, B.A. (Hons), guest writer, is a marketing and business administration specialist with a special focus on corporate, accounting, and legal matters.

Sciberras Advocates founded by Dr Adrian Sciberras, is a law firm based in Malta. The firm prides itself to be multi-disciplinary, innovative and flexible in order to meet the changing times and any challenges in the local and international legal scenario. No matter what private or corporate complex demands are called for, Sciberras Advocates offers practical and cost-effective legal solutions to achieve your desired results. You may reach Sciberras Advocates by phone on +35627795222 or via email on [email protected].

Preliminary

An appeal on a rejection decision given by the Immigration Appeals Board towards our client, a Nepalese national.

Facts

The claimant applied for a residence permit to work a company in Malta. After a due diligence process by the Identità, the client received an approval letter and a visa, allowing him to arrive in Malta in July 2022. He received a residence permit valid from August 2022, to August 2023. The claimant planned to work as a courier driver and decided to take a vacation to Portugal in August 2022, while waiting to start his job.

On August 26, 2022, the police conducted checks on flight FR 1509 to Porto and found three Nepalese citizens, including the claimant, carrying all their personal belongings, CVs, medical results, and health insurance documents. These items suggested they did not intend to return to Malta. The police found that the claimant’s employer was unaware of his travel plans. Identità was informed, and their residence permits were revoked.

The authorities issued return orders and entry bans for three years, citing violations of the Immigration Act, including being in Malta without proper authorisation, lacking means to support themselves, and not complying with the conditions of their residence permits. The claimant and the others claimed they were going on a short holiday with return tickets, but the police concluded that they intended to leave Malta permanently, evidenced by the employment documents they carried.

Merit

Sciberras Advocates appealed the decision before the Board and presented the submissions, including a bail submission so that the appellant is to be released from detention.

The Decision Appealed

Proceedings

The Immigration Appeals Board conducted several sittings, with testimonies and evidence presented by both parties.

• The return decision was based on several grounds including:
• Entry without leave from the Principal Immigration Officer.
• Inability to prove financial self-support or risk of becoming a public charge.
• Violations of the Immigration Act or its regulations.
• Non-compliance with conditions of leave or residence permit.
• Changes in circumstances that justified the initial leave or residence permit.

Legal Framework

Article 5(1) of Chapter 217 deems a person without proper leave from the Principal Immigration Officer as a prohibited immigrant.

Article 5(2) outlines various conditions under which a person can be considered a prohibited immigrant, including lack of financial means, contraventions of the Immigration Act, and changes in the circumstances of their stay.

The appeal was lodged following the issuance of these decisions, with the Immigration Appeals Board directed to render a judgment after considering all evidence and submissions.

Considerations

From all the evidence produced, it resulted that the appellant’s arrival in Malta was few days prior to the trip to Porto. Appellant was already in possession of a valid single permit, valid between the 16th of August, 2022 to the 16th of August, 2023 and appellant’s flight itinerary showing outbound flight to Porto on the 26th of August, 2022 and inbound flight to Malta on the 31st of August, 2022. Proof of when flights were purchased was not presented to the Immigration Appeals Board.

Decide

From evidence produced it resulted that appellant failed to produce evidence showing to the satisfaction of this Board that inbound flight Porto to Malta was purchased prior to the issuance of the return decision, removal order and entry ban, issued on the 26th August, 2022. In view of the above, the Immigration Appeals Board rejects appellant’s appeal and confirms return decision, removal order and entry ban issued to appellant on the 26th of August, 2022.

The Appeal

In the appeal filed by Sciberras Advocates, we requested the Court to accept this appeal and annul the return decision, expulsion order, and entry ban issued by the Principal Immigration Officer. We also sought to overturn the Board’s decision to allow him to apply for a new residence permit in Malta.

Appeals Court Decision

The Court of Appeal accepted the appeal of our client and revoked the original Board decision for the return and for the removal from Malta, together with the entry ban issued on the same day, so that our client could present a new application for a residence permit in Malta.

However, not all grievances were upheld. In the second grievance, the claimant argued that it could have been verified, from his side, that the return ticket to Malta was bought before the decision had been given, but the court decided not to comment on this grievance, since at appeal stage, only points of law can be raised and not points of fact. Therefore, the court did not have competence.

In third grievance, the claimant argued that the audi alterem partem principle was breached since he was not given opportunity to make his case heard, even though he was made a party to the proceedings. The court decided that the decisions which were taken of an administrative nature and that the applicant had the right to appeal the decision before both the Board and the Court. In front of the Board the claimant had the possibility of proving his case and explain the reasons as to why he should not be considered a prohibited immigrant. Therefore, this grievance was rejected. 

The final judgement can be downloaded from here:

https://ecourts.gov.mt/onlineservices/Judgements/Details?JudgementId=0&CaseJudgementId=146104.

This article is for information purposes only and should not be construed as legal advice.

Article written by Ms Charlene Sciberras, B.A. (Hons), guest writer, is a marketing and business administration specialist with a special focus on corporate, accounting, and legal matters.

Sciberras Advocates founded by Dr Adrian Sciberras, is a law firm based in Malta. The firm prides itself to be multi-disciplinary, innovative and flexible in order to meet the changing times and any challenges in the local and international legal scenario. No matter what private or corporate complex demands are called for, Sciberras Advocates offers practical and cost-effective legal solutions to achieve your desired results. You may reach Sciberras Advocates by phone on +35627795222 or via email on [email protected].