Ordinary residency in Malta
Why choose Malta?
Despite being a small island, Malta boasts a strong and thriving economy as well as, high healthcare and education standards. Over the past two decades, Malta has succeeded in attracting 100,000 foreigners to work and live on the island. This growing expat community is employed across a plethora of industries, and the numbers are expected to continue to increase over the coming years.
EU, EEA, and Swiss nationals applying for a residence permit
Any EU, EEA or third-country national who resides in Malta for more than 3 months is obliged to apply for a Residence Permit. There are various grounds upon which an applicant may apply to require a residence permit, including:
Self-Sufficiency:
- EU/EEA/Swiss nationals may apply for residence in Malta on the basis that they are economically self-sufficient by proving that they are able to support their lifestyle without the need to work in Malta either because they have significant savings or they are in receipt of some form of income (such as a pension).
Employment or Self-Employment:
- EU/EEA/Swiss nationals can apply for ordinary residence on the basis that such individuals work in Malta or are otherwise self-employed and carrying out their trade or profession in Malta.
Family Members:
- EU/EEA/Swiss nationals who are family members of a person who is authorized to legally reside in Malta may accompany the main applicant throughout their stay in Malta provided that they prove that they are financially dependent on the latter.
Permanent Residence:
- EU/EEA/Swiss nationals and their family members may apply for permanent residence upon completing a continuous five-year period of legally living in Malta. Applicants must not have absented themselves from Malta for more than six months in any calendar year unless special circumstances (Including without limitation serious illness, pregnancy or study) subsist.
Study Purposes:
- EU, EEA and third-country nationals are entitled to apply for a residence permit to study in Malta. Provided that, they have enrolled in a recognized educational establishment. Applicants are required to submit a declaration of resources.
- If the student is underage, his/her legal guardian can apply for a residence permit to accompany the minor subject to confirming that he/she has stable and regular income.by following the procedure for a Family Members application as discussed above.
Third Country Nationals applying for a residence permit
The residence of Third Country Nationals (“TCNs”) is regulated by the Immigration Regulations of 2004 – Subsidiary legislation of the Immigration Act (Cap 217). According to these regulations, a TCN is a person who is neither a citizen of Malta nor of the Union, as well as a stateless person.
TCNs can apply for the following residence permits:
Self-Sufficiency:
- TCNs may apply for residence in Malta on the basis that they are economically self-sufficient by proving that they are able to support their lifestyle without the need to work in Malta either because they have significant savings or they are in receipt of some form of income (such as a pension).
Employment or Self-Employment:
- TCNs nationals can apply for ordinary residence on the basis that such individuals work in Malta or are otherwise self-employed and carrying out their trade or profession in Malta.
Family Members:
- TCNs who are family members of a person who is authorized to legally reside in Malta may accompany the main applicant throughout their stay in Malta provided that they prove that they are financially dependent on the latter.
International Protection:
- TCNS who are residing in Malta under International/Humanitarian protection may apply for a residence permit on the basis of International Protection.
Long-Term Residence:
- Long-term resident status is granted to individuals who have resided legally and continuously in Malta for five consecutive years immediately prior to the submission of the application. In calculating the period of five years, an absence from Malta shorter than six months shall not be taken into account. The applicant must also demonstrate to be employed/self-employed, studying, or economically self-sufficient throughout the five years
- The total absence from Malta may not exceed a period of ten months within the five-year period. However, a longer period of a further twelve months may be considered by the authorities in specified cases including health reasons, business travel, as well as education and training.
- Other requirements which are considered during the application process include stable and financial resources which have subsisted for a period of two years, appropriate accommodation, sickness insurance and other valid travel documents among others.
Study Purposes:
- TCNs may apply for a residence permit if they will be studying in Malta. Provided that, they have enrolled in a recognized educational establishment. Applicants are required to submit a declaration of resources.
- If the student is under-age, his/her legal guardian can apply for a residence permit to accompany the minor subject to confirming that he/she has stable and regular income by following the procedure for a Family Members' application as discussed above.
Temporary Residence (CEA Form O):
- A temporary residence permit may be granted to Non-EU nationals to reside in Malta for more than three months on a case-by-case basis to persons falling under one of the following categories:
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- Partners;
- Health Purposes;
- Pensioners;
- Religious Purposes;
- Working Holiday;
- Posted Workers ;
- Humanitarian Grounds.
Disclaimer: This article is for informational purposes only. You should always seek the assistance of a professional to obtain advice with respect to any particular issue or problem.
