Immigration status of British citizens resident in Malta
Contributed by GVZH Advocates, 18 April, 2019
On the 9th of April 2019 the Immigration Status of British Citizens Resident in Malta on the Withdrawal Date of the United Kingdom from the European Union Regulations, 2019 ("Regulations") were published.
These Regulations shall come into force on such day where the United Kingdom may withdraw from the European Union without a Withdrawal Agreement having been entered into force by that date. The Regulations give British citizens who are resident in Malta prior to the withdrawal from the European Union, the right to continue residing in Malta for ten years from the withdrawal date, with the option to renew said right to residency once the ten years expire. Certain conditions such as having funds equivalent to the national minimum wage and having valid sickness insurance must be met.
Family members shall also enjoy a right of residence even if they did not reside in Malta prior to the withdrawal date provided that such relationship or partnership is not established subsequently to the withdrawal date.
A beneficiary under these Regulations shall be entitled to take up employment in Malta without requiring an employment license and shall have access to healthcare, education, equal treatment with regard to recognition of professional qualifications, social benefits provided that such resident does not become a burden on the Maltese social assistance system and the right to exchange a driver's license for a Maltese driver's license without the need to undergo testing, in the same way that such resident had prior to the withdrawal.
The entitlement to benefit from these Regulations may cease in the eventuality that certain reasons subsist.
A person who loses the right to reside in Malta will be notified of the time allowed to leave Malta, which will not be less than one month from notification unless it is a case of urgency and will have the right to lodge an appeal with Immigration Appeals Board.