IMMIGRATION RIGHTS

Freedom of Movement and Exempt Person Status

The Constitution defines freedom of movement as the right to move freely throughout Malta, the right to reside in any part of Malta, the right to leave and the right to enter Malta.

If you are entitled to freedom of movement, you are considered to be an exempt person under the provisions of the Immigration Act, that is, you do not require a permit from the Principal Immigration Officer (Police General Headquarters) to reside in Malta, and you may work in Malta without an employment licence.

Am I entitled to freedom of movement?

You are entitled to freedom of movement if:

1) you are a citizen of Malta;

2) you were born in Malta (of a parent likewise born in Malta if born prior to 21st September 1964) and, having emigrated, you ceased to be a citizen of Malta (you may also qualify to hold dual citizenship - please see the leaflet on "Dual Citizenship");

3) you are the non-Maltese spouse of a citizen of Malta who acquired Maltese citizenship by birth in Malta, or of a person who enjoys freedom of movement (item 2 above) as long as you have been married for at least five years and are living with your Maltese spouse;

4) you are the widow/widower of a citizen of Malta who acquired Maltese citizenship by birth in Malta or of a person who enjoys freedom of Movement (item 2 above) and was still living with your husband/wife at the time of his/her death. Moreover, you must have been married to that person for at least five years or, but for the death of that person, would have been so married for at least five years.

5) you are the non-Maltese son/daughter of a citizen of Malta who acquired Maltese citizenship by birth in Malta, or of a person who enjoys freedom of movement (item 2 above). In this case you are entitled to freedom of movement until you are twenty-one years old.

How may I confirm that I am entitled to freedom of movement?

If you need confirmation of your entitlement to freedom of movement and you hold a foreign passport, you are required to produce certain documents at our Department.

You will then complete an enquiry form and subsequently a letter will be issued. This letter should be presented to the Principal Immigration Officer at the Police General Headquarters in Floriana, so that an endorsement will be entered in the relative passport indicating that the holder thereof is entitled to freedom of movement.

What documents are required?

A) If you are a returned emigrant we will require the following documents:

Your:

(1) Birth certificate;

(2) Father's birth certificate;

(3) Parents' marriage certificate;

(4) Certificate of acquisition of the citizenship you now hold (if applicable);

(5) Passport;

As well as:

(6) Documentary evidence relating to the period of emigration.

If you are a former female citizen of Malta who is/was married, a copy of your marriage certificate will also be required. Moreover, if your husband is/was a citizen of Malta, his birth certificate, his father's birth certificate and his parents' marriage certificate would be required.

B) If you are the non-Maltese spouse of a citizen of Malta we will require the following documents:

Your:

(a) Marriage certificate;

(b) Birth certificate showing names of parents;

(c) Passport;

We will also require your husband's/wife's:

(d) Birth certificate;

(e) Father's birth certificate;

(f) Parents' marriage certificate;

(g) Passport;

(h) Identity card.

If your spouse is a returned emigrant who holds a non-Maltese passport, we will also require:

(i) The certificate of acquisition of the citizenship he/she now holds, (if applicable), and

(j) Documentary evidence relating to his/her period of emigration.

C) In the case of the son/daughter of a returned emigrant, apart from the documents at (A) above, as applicable, the son's/daughter's birth certificate showing names of parents, and passport would also be required. Moreover, if the enquirer is the father, his marriage certificate would also be required.

* In the case of the son/daughter of a citizen of Malta, the following certificates would be required:

The son's/daughter's:

(i) Birth certificate showing names of parents;

(ii) Passport (if applicable);

(iii) Father's/mother's birth certificate;

(iv) Paternal/maternal grandfather's birth certificate;

(v) Paternal/maternal grandparents' marriage certificate;

(vi) Parents' marriage certificate;

(vii) Father's/mother's passport;

(viii) Father's/mother's identity card;

D) If you are the widow/widower of a citizen of Malta or of a returned emigrant, the documents at item (B) above are to be presented as the case requires, together with a copy of the death certificate of your late husband/wife.

Who enjoys exempt person status?

* A citizen of Malta;

* A returned emigrant who enjoys freedom of movement;

* The non-Maltese spouse of a citizen of Malta or of a returned emigrant;*

* The widow/widower of a citizen of Malta or of a returned emigrant.*

* The non-Maltese son/daughter of a citizen of Malta or of a returned emigrant until he/she is twenty-one years old;

* In these cases the exempt person status is enjoyed as long as the spouse is still married to and living with that person or, in the case of a widow/widower, was still living with the Maltese spouse at the time of death.

How may I confirm that I am entitled to exempt person status and what documents are required?

If you are

- a returned emigrant who enjoys freedom of movement;

- the non-Maltese spouse of a citizen of Malta or of a returned emigrant;

- The widow/widower of a citizen of Malta or of a returned emigrant;

- the non-Maltese son/daughter of a citizen of Malta or of a returned emigrant;

you may follow the same procedure as explained for confirmation of entitlement to freedom of movement.

Points to be noted:

* In certain cases, you may be asked to provide additional documents to the ones indicated;

* Where births, marriages or deaths occurred in Malta or Gozo, you must produce original certificates - photocopies are not accepted.

You may obtain original certificates from the Public Registry at:

* 26, Old Treasury Street, Valletta CMR 02; or

* 1, Xaghra Road, Victoria VCT 102, Gozo;

* where births, marriages or deaths occurred outside Malta, you must produce original certificates. These will then be photocopied by our Department and returned to you.

Should you have any further enquiries on freedom of movement or exempt person status please address them to:

The Director,
Department for Citizenship and Expatriate Affairs,
3, Castille Place,
Valletta CMR 02.

You may also contact the Department on:

Telephone Number:     00356 2200 1800
Fax Number:                00356 2200 1830

E-mail: citizenship@gov.mt