According to the subsidiary legislation issued and published by the Government of Malta on the 1st day of February 2020, entitled “ Residence status of United Kingdom nationals and their family members in Malta in accordance with the agreement on the withdrawal of the United Kingdom and Northern Ireland form the European Union and the European Atomic Energy Community Regulations”, UK citizens residing in Malta will be given the liberty to keep enjoying their rights to reside and move freely in and out of the country and any other associated rights as defined within the Withdrawal Agreement albeit UK not being part of the EU anymore.
Moreover, the above rights shall also be made available to all those UK nationals who moved to Malta during the transition period – 1st February 2020 to 31St December 2020.
Furthermore, it is imperative to point out that the abovementioned rights shall also extend to the relevant family members catered for with the agreement. However, these shall not extend to family members whose relationship with the applicant commenced after the end of the transition period. This is unless such family member is a child of same.
All those UK nationals who resided in Malta shall submit the necessary documentation for their new residence status card until the 30th June 2021. On the other hand, all those UK nationals or their family members who commenced their residence during the transition period or those who somehow obtained the right to commence their residence in Malta after the 31st day of December 2020, shall submit such documentation not later than 3 months post their arrival in Malta.
Identity Malta reached/will be reaching out to all prospective beneficiaries with a letter indicating the exact time, the individual shall be personally reverting to the relevant offices to submit the application for the new residence card. Such application shall be free and no hence, no fees are to be paid upon submission. Until the new residence card is issued, the individual shall avail him/herself of the current card held as its validity shall remain and subsist until the new card is handed out.
Such status may be retracted if subsequent to the transition period, s/he has been found guilty of an offence and sentenced to a term of imprisonment of 12 months or more, in Malta or abroad. Moreover, the relevant Subsidiary Legislation allows for an individual to avail him/herself of the right of appeal if s/he is deprived of the new residence status right.
Subsidiary Legislation 217.25 – Residence status of United Kingdom nationals and their family members in Malta in accordance with the agreement on the withdrawal of the United Kingdom and Northern Ireland form the European Union and the European Atomic Energy Community Regulations.
Residence Status of UK Nationals – https://www.gov.mt/en/pages/FACTSHEET-Malta-Government-plans-in-case-of-a-no-deal-Brexit.aspx
UK nationals’ residence status following Brexit – https://identitymalta.com/uk-nationals-residence-status-following-brexit/
About the Author
This article has been authored by Bjorn Camilleri, CSB Group Junior Associate. For any additional information or support required please contact us on [email protected]