Residence Formalities

 

 
 

   Does your country impose the obligation on EU citizens and their family members to carry a valid ID or passport at all times?

There is no obligation for EU nationals or members of their families to carry a passport or a valid ID at all times.

However according to Article 17(3) of  the Identity cards and Other Identity Documents Act , the police may require any person to whom an identity document has been issued to produce it demand or, within twenty-four hours after the demand is made.

For the purposes of the said  Act, identity document means an identity card, a residence document or an identification document issued under the Act.

Moreover article 7(13) of the Free Movement of European Union Nationals and their Family Members Order states that the police may require any person to whom a registration certificate , residence card, permanent registration certificate or permanent residence card has been issued, to produce the said document on demand, or within  twenty-four hours.



   What are the consequences for not carrying a valid ID or passport at all times?

Persons failing to carry the residence document shall be liable to a fine (multa) not exceeding two hundred and thirty-two euro and ninety four cents (€232.94) and, in the case of a continuing offence, to a fine (multa) not exceeding eleven euro and sixty- five cents (€11.65) for each day during which the offence continues:


   Does your country require EU citizens and their family members to report their presence after arrival in your country?


Article 3 (6) of the Free Movement of European Union Nationals and their Family Members Order (LN 191 of 2007) states that persons not staying in places of accommodation which are covered by article 31 of the Immigration Act applicable to places of accommodation for reward (hotels etc), need to report their presence to the Principal Immigration Officer within one month of arrival.


   What is the deadline for reporting presence after arrival in your country?

One month from arrival.

   Where do EU citizens and their family members need to go to report their presence?

Police Headquarters
Floriana


   What are the consequences for not reporting presence?

The Free Movement of European Union Nationals and their Family Members Order (LN 191 of 2007) establishes that  an administrative penalty of between twenty-three euro and twenty-nine cents (€23.29) and two hundred and thirty-two euro and ninety-four cents (€232.94) may be imposed.

   Does your country require EU citizens to register after 3 months?

There is an obligation to register one’s presence with the Department for Citizenship and Expatriate Affairs if one intends to reside in Malta for more than 3 months in exercise of a Treaty Right (article 3(1) of the Free Movement of European Union Nationals and their Family Members Order (LN 191 of 2007) )  or in case of job seekers after 6 months of residence. 

   Where do EU citizens need to go to register their residence?

Department for Citizenship and Expatriate Affairs
Evans Building
St Elmo’s Square
Valletta

   What documents are required as proof of sufficient resources for inactive citizens (pensioners, self-sufficient persons)?

This can be any proof that the person is receiving the required income or has sufficient resources in the bank (eg bank statements, entitlement certificates etc)

   Does your country impose the obligation on EU citizens to carry their registration certificate at all times?

Registration certificates should be produced on demand by any police officer or within twenty-four hours.

   What are the consequences for not carrying a registration certificate at all times?

If such document is not produced within twenty-fours hours after the demand is made by a police officer, there is a penalty of 232.94 Euros and an additional penalty of 11.65 Euros for every day that the failure continues.

   What are the sanctions for failing to register?

There are no separate sanctions for failure to register.

   Does your country require family members of EU citizens to register after 3 months?

Yes.

   What documents are required as proof of the existence of a family relationship in case of:

Husband / wife
marriage certificates

(grand)children:
birth certificates and in case of grandchildren, marriage certificates of parents

(grand)parents
:
birth/marriage certificates showing family link

Extended family members (uncles, nieces, nephews, cousins, etc.):
marriage/birth certificate showing the family link.

Non-registered partners:
proof of a durable relationship spanning at least two years, or as the case may be, which can include declarations from family members or friends, leas agreements under the names of the couple, correspondence,  etc.

Registered partners:
the civil registration  document of the partnership.

   What support documents are needed to prove that a family member is economically dependent on an EU citizen?

Declarations from the EU citizen,  other evidence of dependency (eg evidence of full time education,  medical reports, statements regarding remittances of funds etc).

   Is there a minimum income threshold under which family members will be considered as being 'dependant'?

There is no minimum income threshold.

   What documents are required from non-EU family members to obtain a residence card?
- Husband / wife
- (grand)children
- (grand)parents
- Extended family members (uncles, nieces, nephews, cousins, etc.)
- Non-registered partners
- Registered partners

Copy of registration certificate of EU national whom they are accompanying or, if such registration certificate has not been issued, an acknowledgment that is issued when the relative application was submitted by the said EU national, whom they are accompanying.

For:
Husband / wife
(grand)children
(grand)parents
Extended family members (uncles, nieces, nephews, cousins, etc.)


(i) with a document/s issued by the competent authority of the country of origin or the country from which such family members came, proving their relationship to the EU national concerned – all relevant civil status certificates.
(ii) with a document issued by the competent authority of the country of origin or the country from which the family members came, in the case they are dependent children over twenty-one or are dependent direct relatives in the ascending line, or other family members, testifying that they depend on the EU national concerned;
(iii) where applicable, with the registration certificate of the EU national concerned;
(iv)  in the case of extended family members only, where the existence of serious health grounds which strictly requires the personal care by the Union citizen, with proof that they are members of the household of the EU national concerned; 


Non-registered partners

In the case of the EU national’s partner, with proof of the existence of a durable relationship that had been existing for at least 2 years – although every case is examined on its own merits.

Registered partners

The civil registration document of the partnership.