Residence Rights of UK Nationals in Malta Post-Brexit

Dr Josef Cachia and Dr Alex Borg  -  16/April/2019

A Legal Notice has been issued on the 9th of April 2019 which shall make provision for the regularisation of British citizens who are already established in Malta prior to the withdrawal date of the UK from the European Union. Therefore, these individuals, together with their family members, shall be entitled to keep on living in Malta and benefit from the Right of Free Movement into and from Malta.

This Legal Notice is entitled the Immigration Status of British Citizens Resident in Malta on the Withdrawal Date of the United Kingdom from the European Union Regulations, 2019[1]. It shall become effective once the treaties of the European Union no longer apply to the United Kingdom.

These individuals will be entitled to open access to the Maltese labour market, as workers or self-employed persons, without the need for an employment licence. Economically self-sufficient persons, persons who have been granted permanent residence and students, will also be eligible under this Legal Notice, provided that they don’t become a burden to Malta’s Economy (such as having sufficient funds).

A beneficiary under these new regulations shall enjoy the status for a period of ten years from the withdrawal date, which status may be renewed upon application provided that the minimum conditions continue to be satisfied.

In the interim, until the new document is issued, they will be permitted to retain their current document.

These beneficiaries will be granted access to healthcare, education, goods and services made available to the public and social benefits, provided certain conditions are met.

Nonetheless, this entitlement shall be revoked if:

  • The individual absents himself from Malta for a continuous period of 2 years;
  • The individual is found guilty of an offence and sentenced to imprisonment for 1 year or more;
  • The individual is no longer economically self-sufficient or no longer has sickness insurance;
  • The individual doesn’t apply for a residence permit under this new Regulation within 2 years from the withdrawal date.
This Regulation shows Malta’s endeavour to protect the life and work choices of the 15,000 British Nationals who have decided to reside and work in Malta.

[1] Legal Notice 63 of 2019 – 9th April 2019.

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