Residence Status for the UK Nationals in Malta post Brexit

Updated: June 25, 2020 | 4 minute read

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Residency rights post Brexit for the UK Nationals

The Agreement on the withdrawal of the United Kingdom of Great Britain and Northern Ireland from the European Union and the European Atomic Energy Community, with effect from 1 February 2020 (the “Agreement”), has ensured that UK nationals shall continue to enjoy EU residency rights once their home country leaves the bloc, during an established transition period ending on the 31 December 2020 unless otherwise extended (the “Transition Period”).

This means that during the Transition Period, UK nationals and their family members are afforded the right to continue to exercise the EU Treaty rights of free movement up to 3 months without any registration requirements.

Malta Residency status for the UK nationals post Brexit

In accordance with S.L 217.25 of the Laws of Malta, UK nationals shall be entitled to a residence status valid for a period of 10 years, subject to renewal upon fulfilment of certain conditions.

Who is eligible to apply?

  • United Kingdom nationals who exercise their right to reside in Malta or who exercise their right as frontier workers in Malta in accordance with Union law before the end of the Transition Period and continue to reside in Malta thereafter;

  • Family members of the UK nationals, subject to certain conditions and upon fulfilment of certain criteria.  

Who is eligible to apply as a family member?

  1.  Spouse or partner with whom the UK national has contracted a registered partnership;

  2. Children of the UK national/spouse or partner under the age of 21; 

  3. Dependent direct relatives in the ascending line of the UK national/spouse or partner; and

  4. Other persons may be eligible to apply as family members provided that they fulfil the required criteria and conditions.

Furthermore, it is pertinent to note that family members of UK nationals must fulfil one of the following conditions:

  1. The family member has resided in Malta in accordance with Union law before the end of the Transition Period and shall continue to reside in Malta thereafter;

  2. The family member is directly related to the UK national as enlisted above in points a-c and resided outside Malta before the end of the Transition Period;

  3. Children born or adopted by the UK national after the Transition Period;

  4. Other family members, irrespective of their nationality who:

    • Are dependents or members of the household of the UK national;

    • Where serious health grounds strictly require the personal care of the UK national; or

    • The partner with whom the UK national has a durable relationship.

Provided that their residence in Malta was facilitated or is in the process of being facilitated before the end of the Transition Period and that they continue to reside in Malta thereafter.

What are the Malta Residency Application Requirements for the UK Nationals post Brexit?

  1. The following application deadlines must be adhered to:

    • UK nationals living in Malta during the Transition Period must submit the application for residence in Malta before the 30 June 2021;

    • UK nationals who have the right to commence residence in Malta after the end of the Transition Period in accordance with the Agreement must submit the application within three months after their arrival or from 30 June 2021, whichever is later;

    • UK nationals and family members who intend to start residing in Malta during the Transition Period shall submit an application for residence in Malta after a period of three months from the date of such arrival to Malta.

  2. The applicant must submit all required documentation;

  3.  The applicant must declare past criminal convictions;

  4. The applicant cannot be a threat to public policy or public security;

  5. The applicant has not abused his/her rights and/or committed fraud with respect to the application for residence in Malta.

NB  UK Nationals who are currently resident in Malta as EU nationals will receive information from Identity Malta to exchange their documents to one reflecting the new status.

Rights under the Residency Status in Malta

Subject to certain requirements, beneficiaries of this status shall:

  • Enjoy the rights of free movement provided by EU law;

  • Enjoy social security rights, including the right to healthcare, pension and other social security benefits in the same way as other EU nationals;

  • Enjoy the right to take up employment or carry out a self-employed activity as well as the right to equal treatment with respect to conditions of work and employment; and

  • Recognition of professional qualifications until the end of the Transition Period. Pending cases at the end of the Transition Period would be finalized under the same terms and conditions.  

Do the UK nationals and their family members still retain the right to obtain Permanent Residence in Malta post Brexit?

UK nationals and their respective family members who have resided legally in Malta for five years in accordance with the applicable law shall have the right to reside permanently in Malta upon fulfilment of the relative conditions stipulated at law. Periods of legal residence or work in accordance with Union law before and after the end of the transition period shall be included in the calculation of the qualifying period necessary for the acquisition of the right of permanent residence.

In accordance with Regulation 6 of S.L. 460.17 of the Laws of Malta, a permanent residence certificate would allow its beneficiaries to reside permanently in Malta. Such right once acquired, shall not be tied to or conditional on the beneficiary’s employment, self-employment or study in Malta. Nor will the beneficiary be obliged to provide proof of possession of a certain level of resources to retain permanent residence in Malta, provided said resources or lack thereof are not such that would create a reasonable burden on the social assistance system.

Covid-19 measures

As a protective measure following the Coronavirus outbreak the aforementioned UK Nationals’ residence application process has been temporarily suspended until further notice.

However, those who have received an appointment letter for change in status will still be seen on the dates indicated. In urgent cases such as new applications, expired cards or change of address, UK nationals can presently contact and/or visit the EU section.

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