Non Eu Citizen Rights in Malta

Hi Kristin,

you are not qualified to apply for Maltese citizenship.

After 5 years (continuous) residency you are entitled to apply for permanent residency. Certain conditions apply though and you are obliged to attend a 100 hour course about Malta and achieve a 'pass level' in a test.

You do not give enough information about your situation to judge the chances of applying now without a job? ( no work permit). The stay in Malta always has to have been legal ie with official residency throughout the 5 year period and with a stable income.

You definitly need to contact and discuss your situation with the residence department as soon as possible as without a work permit you have no right to stay and can be forced to leave fairly soon. On the other hand, 10 years of residency should count in your favour.

Do you already have the new e-residence card? Have your 10 years in Malta been contuinous and how did you stay for 2 years without a work permit and work ?

Do you happen to be in a 'stable' relationship with an EU citizen ( not Maltese!) for more than 2 years?

Cheers
Ricky

Hi Nikki,
I have e-residence card and have been living in Malta continuously. My former partner was also my employer. As we broke up he immediately stop my working permit. I want to live in this beautiful country and trying to find out  what my rights are in Maltese Law.

Regards
Kristin

As Ricky says, you should immediately apply for permanent residency on the basis of having lived here for the past 5 years (assuming cumulative breaks away from Malta are no more than 10 months in those 5 years)

What is the proceeder to apply permanent residency ? What where do I need to start from ? A soliciter informed me that I am qualified to apply for the citizenship. Thank you for your answers. As I do need help.

form L I believe

http://mhas.gov.mt/en/MHAS-Information/ … dence.aspx

Hi Kristin,

on what ground would you be able to apply for citizenship? Is your former employer (partner) Maltese?   Did he actually pay you a salary? You must have had a work contract to get a work permit? Did your former partner (employer) terminate your work contract correctly? If he is not Maltese , did you live together for more than two years and can prove it? A lot of important questions I know , but you have to sort things out as soon as possible and before your status in Malta becomes illegal. What is your nationality ?

If your solicitor says that you are qualified to apply for citizenship then let him apply for you immediatly! I am not qualified to give you any kind of legal advice! Please refer to your solicitor for specific advice and help with the application for citizenship.

Cheers
Ricky

Hi I'm new in the forum.  I'm amazed with the information being given here and I could really use some advice.

It's about my sister, she is married and the husband is working in Malta for over a year now.  He has a resident permit and a working permit.

I invited my sister for a vacation here in Germany 32 days visa was granted (Schengen visa).  After 6 days stay in Germany she went to visit her husband in Malta.  Now she want's to extend her visa in Malta thru her husband who is working there.  My question is:  Is this possible?  She now have 20 days left to process for an extension.  How can they process her visa extension?

Your advise will be highly appreciated  .

Kindest regards

Hi joymanuel,

it sounds a bit as if your sister lives in the Phillipines and her husband ( Phillipino?) lives in Malta. But you don't give enough information.

If the husband is non-Eu and has been residing in Malta (and working) for more than two years his family member (wife) can join him after application for family reunification. He has to have been in Malta for at least 12 months to make an application.

A Schengen visa is not extendable and she should be careful about what she or her husband says. If she applied for a tourist visa with the intention of staying longer that might not be so positive. Come up with a good explanation!

Does the timeframe for family re-unification apply? (Two years residency)

The name is 'family reunification' ! They will have to visit the Department for Expatriate Affairs in Valletta.

Cheers
Ricky

Hi Ricky,

Thank you so much for the reply.  I really appreciated it  . 

Actually in my sister's case, she was given a job opportunity to work in Malta but the agency needs at least 4 weeks to process her working permit.  She now has 19 days left on her visa (we are really counting the days).  The agency said she should ask for an extension, as mentioned for Schengen visa this is not possible.......Can this be a good reason to apply for a "family reunification".  Can she stay there while this is being processed or she still needs to go home and let her husband process this in Malta alone without her?

Thank you in advance!!!

Joy

.

HI Joy,

she/they  should go to the Department of Citizenship and Expatriate Affairs and discuss it there.

They have the discretion to extend/grant  a temporary residence permit  as her husband has a work permit and residency even if he does not fulfil the requirements for Family Reunification as it sounds!

If they are willing to give her temporary residency she can stay there while the application is being processed. If not , she will have to leave. She should make sure that her stay is always covered by the necessary permits/visa as you can only apply for a work permit,residency and so on if your status in Malta is legal.

Cheers
Ricky

Hi Ricky,

Thank you so much for the much needed advice.  My sister will go to the CaEA to ask what they require for an extension or apply for a temp. residency permit and they will inform the agency about it. 

I hope everything will be ok so we can have a vacation there also this summer.

Kindest regards,

Joy