More rights for non-EU
residents in Malta
Draft
legislation on the status of non-EU nationals resident in Malta
Malta is currently in the
process of transposing into Maltese law the
EU Council Directive
2003/109/EC of 25 November 2003 concerning the status of third-country
nationals who are long-term residents.
The directive entered into
force on the 12 February 2004 and has to be complied with by January 23.
The directive provides for the free movement of these persons and measures
relating to external border controls, asylum and immigration.
In October 1999, the European
Council had decided that the legal status of third-country nationals
should be brought as close as possible to that of member states' nationals
and that a person who has resided legally in a member state for a period
of time and who holds a long-term residence permit should be granted a set
of uniform rights which were as near as possible to those enjoyed by
citizens of the European Union.
Like other Member States, Malta
will start to recognise long-term resident status after an
individual's five years' continuous legal residence. Such non-EU
nationals would be granted long-term residence permits under this
directive and would enjoy equal treatment as local nationals with regards
to access to employment and the right of residence in the territory. A
number of reservations would however apply. For instance, Member
states may refuse to grant long-term residence status on grounds of public
policy or public security.
The Home Affairs Ministry said
Malta was prepared to comply with the provisions of the directive. It said
that consultations were being held at the level of ministries to examine
certain provisions. The ministry has also attended ad hoc meetings
held by the European Commission called to clarify the interpretation of
certain provisions. Malta, the ministry said, intended to abide by
the deadline set for the transposition and implementation of the
directive. The ministry stated that third-country nationals,
excluding refugees and persons enjoying humanitarian protection, would be
eligible to hold long-term resident status if they have been residing
legally in Malta for more than five years. A number of persons, most
of whom are residing in Malta on the strength of an employment licence and
who satisfy the stipulated conditions would, therefore, be eligible for
such status.
Third-country nationals would
be asked to provide evidence that they have stable and regular resources
to maintain themselves and their families without recourse to the social
assistance system of the member state.
For more information about the Malta's
special Permanent Residence Scheme, click
on the links below:
Malta Permanent Residence Permits [index]
Why become a Permanent Resident in Malta?
Tax & Other
Benefits of Maltese Residence.
Conditions for residence.
Confidentiality of applicants' data
Other links:
Corporate Tax Services
::
International Company Services ::
Malta Company Formation
