How shall Brexit affect the residence status of United Kingdom (UK) nationals and their family members in Malta?

Kristine Attard and Dr John Caruana  -  13/February/2020

It has been made clear time and again by the Maltese Government that Brexit shall not nullify the residence status that UK nationals currently hold in Malta. Now, by virtue of the recently issued Legal Notice 18 of 2020, the Government seeks to put down the promise which it has made in writing. UK nationals and their family members shall be allowed to continue to reside in Malta provided that they satisfy the conditions stipulated in the Brexit Withdrawal Agreement and national legislation.

Such residency right, however, is not automatic and a UK national shall be obliged to submit to Identity Malta the applicable application. If a UK national is residing in Malta during the transition period (from 1st February 2020 up till 31st December 2020), he/she must submit the said application before 30th June of the next year (i.e. 30th June 2021). On the other hand, in the case of a UK national or family member who has the right to commence residence after the end of the transition period, such individual must submit the said application within 3 months after their arrival or from 30th June 2021 whichever is later.

Should the application be successful, Identity Malta shall issue to the applicant a residence document valid for a period of 10 years. Amongst other rights, this will entitle its holder to the following rights:

  • to move and reside freely within the territory of Member States;
  • to exercise his right of freedom of movement to work within the EU; and
  • to freely establish himself in the territory of another Member State.

Such residence document will be renewed on expiry by means of another application, unless the holder ceases to meet the requisite criteria.

Notably, a UK beneficiary shall have his/her residence card withdrawn by Identity Malta should he/she, at any time after the transition period, be found guilty of an offence and sentenced to imprisonment for 12 months or more in Malta or abroad. In other cases, where a UK beneficiary or his/her family members are divested of their right to reside in Malta by Identity Malta, the said beneficiary or family member shall have the right of an appeal before the Immigration Appeals Board.

Should you be a UK individual who requires further information or assistance in the matter, KSi Malta is more than willing to help. As a firm, we have helped numerous clients in order to achieve a legal residence status in Malta. Kindly contact our Tax Director, Kristine Attard on, for further details
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