Non-EU citizens partners 2 year wait ?

Hi George,

of course a non-EU citizen with a residence permit will be able to apply to bring his family to Malta for as long as the residence permit applies. This does not allow the spouse to work in Malta. It is considered on a case-to-case basis. You would apply on Form CEA 22.

The Family Unification Programm is only granted if the applicant has the slightest chance of Permanent Residency. This hardly ever happens as most are forced to leave before the 5 years are up anyway. Residency under the FUP does allow the spouse to work.

If in doubt I would ask the Department for Expat Affairs in Valletta.

Cheers
Ricky

Thanks - thats what I thought :-)

Dear Ricky,
My company has a subsidiary incorporated in Malta. It has offered me a to take a position over there. This position implies permanent or at least long-term residency. I read very carefully Family Reunification Regulations dated 5th June 2007. As far as I understood reunification of the family is hardly possible during the first year of my legal residency in Malta. This regulation looks quite weird to me because it essentially implies separation of the family for, at least, two year period. For me it is fine if my fife and daughter could be granted residency permits without the right to be gainfully employed. Could you, please, ask the Department of Expat Affairs whether it is possible to have my wife and daughter with me after a reasonable period of time (say 2-3 months) provided all other requirements regarding accommodation, health insurances and sufficient financial resources are met. I really appreciate your help as I cannot take the final decision without being sure that my family could join me in Malta. Thank you very much.

ignore the stuff about " Family Reunification Regulations" - its doesn't apply to you

Thanks a lot for prompt reply. Would you happen to know how long does it take to receive authorization for my family to come to Malta. In Switzerland it took me about 2 months. However, in Switzerland migration authorities apply family reunion scheme in order to allow family members to enter the country and receive residency permits. Thanks again. Have a nice weekend.

Hi droog,

welcome to the forum.

Your company will apply for your work permit and it will probably be granted for the period of your work contract at the most but certainly not permanent residency.It might have to be renewed every year. It is up to your company to make the application. You cannot apply yourself anyway. If they want you they will make sure that your family is with you -)))

It will be ordinary residency. The company should also apply for the residency documents for your family for the same period as yourself to make sure that it is granted. They will not be allowed to work.

It has nothing to do with Family Reunification. As George already said that does not apply for you.

Just be aware that normally non-EU citizens are only allowed to stay for up to 4 years .

Cheers
Ricky

Thank you so much. It is good to know that all paper work has to be done by the company Ricky, George would you happen to know whether my daughter will be entitled to attend school in Malta? Next year she will turn 6 years. What the premium for the standard health insurance could be? Thank you so much for your help.

"would you happen to know whether my daughter will be entitled to attend school in Malta? " - if you are paying tax, yes

"What the premium for the standard health insurance could be? " public, free (well paid from your taxes)
private - a few hundred euros

Hi droog,

to get your work permit as a non-EU citizen your employer who applies for your work permit is supposed to take out a private health insurance for you.

'It is also necessary for an employer to take out a private health insurance for the TCN concerned, to cover the full duration of employment. The employer is to provide a copy of the receipt for the insurance premium within three months from the date the Licence is issued, failing which, the licence will be revoked. Such health insurance is not required for home-based carers, for persons working with persons with disability and persons needing constant care; or for third country nationals working in the public service.'(taken from ETC Guidelines)

You will have to arrange for the rest of your family !? ....talk to your company.

Cheers
Ricky

"to get your work permit as a non-EU citizen your employer who applies for your work permit is supposed to take out a private health insurance for you." - thanks Ricky - so despite the fact a TCN is paying social security through work (and their employer as well), they don't get the benefit of public health insurance ?

Hi George,

I'm just quoting from the ETC guidelines!

I have never had feedback from non-EU citizens how it works. My understanding is that TCN's do not pay contributions to National insurance but that their employer pays their private insurance !

Maybe a TCN member can enlighten us !

But we are in Malta ! Until someone tells me that the rules and guidelines don't apply I take them the way they are written -)))

Cheers
Ricky

Thanks a lot, Ricky and George, for comprehensive and very informative replies Indeed, the information you have shared with me is very useful. Cheers.

"My understanding is that TCN's do not pay contributions to National insurance but that their employer pays their private insurance !"- ah, didn't know that - thanks :-) the private insurance is likely to be cheaper than the NI

Hi George,

but I might be wrong !

The employer has three months to show a copy of the insurance premium to ETC otherwise the licence is revoked.

But on the other hand the TCN or employer has to apply for residency within three months and show health insurance coverage at the Department of Citizenship and Expat Affairs.

So, as you say, with private insurance ( and they do expect the same coverage as with the national insurance) it would not be necessary to pay twice but I'm not sure if you can opt out of NI. And private insurance does not cover pre-existing medical conditions.

So I really don't know how it works in reality. As I said , I never got information as to whether ETC enforces the private insurance rule.

DCEA only ask for coverage , which can be National insurance or private insurance.

Cheers
Ricky

My review of the link provided in the initial forum post confuses me. The wording seems to be discussing foreigners ( not European ) living in Malta using this program, the Family Unification, to request another relative be allowed to join them but this would be different situation if one was a citizen of a Schegen member nation ??????? I guess I was wondering if this form is generalized or specific to people in this category because it appeared to be directed to a variety of applicants seeking migration.

A little off topic but wanted to use the above information to research this subject !!!!

ricky wrote:

Hi George,

of course a non-EU citizen with a residence permit will be able to apply to bring his family to Malta for as long as the residence permit applies. This does not allow the spouse to work in Malta. It is considered on a case-to-case basis. You would apply on Form CEA 22.

The Family Unification Programm is only granted if the applicant has the slightest chance of Permanent Residency. This hardly ever happens as most are forced to leave before the 5 years are up anyway. Residency under the FUP does allow the spouse to work.

If in doubt I would ask the Department for Expat Affairs in Valletta.

Cheers
Ricky

Hi PCHef,

you are exactly correct in what you say . The post refers to if both partners are from 'third-countries' and non -EU and one is in Malta and the other not.

But referring to one of your other posts, even if one partner is fron the EU and the other is non-EU you will have to apply for 'official' residency within 3 months otherwise the non-EU family member will not be able to stay in Malta.

That means in the case of Malta just getting the ID card and staying in Malta is not enough if you have a non-EU wife or partner. You will have to apply for residency.

Cheers
Ricky

Greetings Quick ( with the posts ) Rick,   

I actually am aware of that provision but forgot to include in my details because Spain is similar - basically requiring you to register your address for the first three months, then apply for long term residence as a more formal method for anything longer but some countries initial VISA ENTRY to say MALTA could allow them six months or a year if they wanted to weigh options ?????? 

ricky wrote:

Hi PCHef,

you are exactly correct in what you say . The post refers to if both partners are from 'third-countries' and non -EU and one is in Malta and the other not.

But referring to one of your other posts, even if one partner is fron the EU and the other is non-EU you will have to apply for 'official' residency within 3 months otherwise the non-EU family member will not be able to stay in Malta.

That means in the case of Malta just getting the ID card and staying in Malta is not enough if you have a non-EU wife or partner. You will have to apply for residency.

Cheers
Ricky

Hi ProChef,

when you arrive from Spain the terms and conditions according to your residency status in Spain will apply for a visit to Malta as both countries are Schengen states. On your profile you say that you are an American citizen or do you also hold a EU passport?

That would mean that you have to apply for ordinary residency in Malta before your residency/visa from Spain expires if you want to stay longer.

If you are travelling on a Schengen visa it cannot be extended.

Cheers
Ricky

I got a european electronic residence permit, identification card good for about another two years but I plan to remain in Malta and file all new paperwork at the Employment Training Center because I know I need to begin living there for five years before being considered for permanent status.

My question in the very last post before was set for others because I was just trying to make reference that some people could PROBABLY use the time left on their Schegen visa entry from another country to carry over to Malta and then apply their Passport ... if from a nation that affords them a stay there for a certain amount time as a tourist but I think that might require them to do something basically a hassle, like leaving to nearby Tunisia or Italy to Re - enter to get a stamp  ??????????? ( only as an additional option to think about )

"The self proclaimed KING of Conjunctions and Run On Sentences"   

ricky wrote:

Hi ProChef,

when you arrive from Spain the terms and conditions according to your residency status in Spain will apply for a visit to Malta as both countries are Schengen states. On your profile you say that you are an American citizen or do you also hold a EU passport?

That would mean that you have to apply for ordinary residency in Malta before your residency/visa from Spain expires if you want to stay longer.

If you are travelling on a Schengen visa it cannot be extended.

Cheers
Ricky

Hi ProChef,

check out residency and work permit requirements for Malta as you will need to start the residency proceedings in Malta if you intend to stay for more than 3 months.

You yourself cannot apply for a work permit but will need an employer to apply for you.

I've never heard of the European electronic residence permit here in Malta .

Leaving for Tunisia or another non-SChengen country to get a new stamp and 3 months does not work. Italy is a Schengen country too with no stamps and border controls.

Cheers
Ricky

Hi...
I was just trying to understand about a non-eu bringing non-eu spouse.. I am a non-eu but have a work permit in Malta, can i bringing my wife? what visa will she get? i don't want her to work.. is there an age limit for the spouse?

Hi amalarajans,

no, you can't bring your non-EU wife and/or family to Malta unless you have been resident in Malta for two years .Whether you want her to work or not she will not receive a visa to come to Malta unless you know the Maltese Prime Minister or President quite well.

I am EU and my partner was non EU ( USA) and I had to wait two years !

After you have been working in Malta and resident for 1 year , you can apply for Family Reunification . There are conditions that apply and usually you will have to leave Malta before you have been resident for 5 years! That is the magic line.

What is your job in Malta? Is it of national  importance? If so , you might have leverage to discuss matters with the DCEA.  If you know the right people things can work in Malta -)))

A bit more information would make it easier to answer your question.

Cheers
Ricky

Thanks Ricky... But some people i know brought their wives along with them on a condition that their wives don't work in Malta. Ricky U mean i can not bring my wife if i have just the work permit and not a permanent residency? or do i have to work 2 years in Malta to bring my wife?

In the end all decisions on these matters are at the discretion of the DCEA. If they allow non-EU residents to bring their wives with them to Malta it is not a 'Right'.

Family Reunification is a Right that you have and that you can apply for after 1 year of residency.

Your problem will be Permanent Residency , as work permits are normally not granted for long enough to give you entitlement to Permanent Residency ( 5 years).

Discuss the issue with  the DCEA  as I already said.

Cheers
Ricky

Thank you Ricky... valuable piece of info.

ricky wrote:

Hi amalarajans,

no, you can't bring your non-EU wife and/or family to Malta unless you have been resident in Malta for two years .Whether you want her to work or not she will not receive a visa to come to Malta unless you know the Maltese Prime Minister or President quite well.

I am EU and my partner was non EU ( USA) and I had to wait two years !

After you have been working in Malta and resident for 1 year , you can apply for Family Reunification . There are conditions that apply and usually you will have to leave Malta before you have been resident for 5 years! That is the magic line.

What is your job in Malta? Is it of national  importance? If so , you might have leverage to discuss matters with the DCEA.  If you know the right people things can work in Malta -)))

A bit more information would make it easier to answer your question.

Cheers
Ricky

Hello Ricky,
I am little wondering about what i read here, and I ask you your opinion regarding my situation.
I am an italian citizen living in malta since april, employed officially as Director of the company in august 2013 and official resident since october 2013 ( you probably know the hell of getting residence last year) .
My wife, that I merry in malta in June 2014 arrived in Malta with first a turist visa, then switched to a student Visa for one year while she studied english, Visa that is going to expire in end of july.

Now, after our wedding in Malta, she has applied for a family member residence as no Eu citizen.

In Sant Elmo nobody says us that to grant her the residence permit I should be officially resident in Malta for one year.

From what I read could she get a refusal for her request ?

And an other question, as I see that here people is really competent, is she will going to get easily the working permit, or anyhow she needs an employer to hire her before getting it ?

Hi ,

your wife cannot apply for a family member residence permit! You as the EU citizen have to apply for her.

As an EU citizen you have the right to live with your non-EU wife in the EU . It has nothing to do do with the quoted question as that was about a partnership and not marriage.

The only question that could be raised is whether it was a so-called marriage of convenience. Did your wife actually study for one year ? Does she have proof and certificates? Coming on a tourist visa and studying English for 1 year could raise eyebrows!

I have never heard of a one-year residency rule ! It does not exist or does not apply in your case.

As the wife of an EU citizen your wife will have the same rights as an EU citizen and be able to work - emoloyed or even self employed.

If your original does not include all relevant information the answer might be different!

Cheers
Ricky

thanks Riky,
she applied based on the info we found on home affairs.gov with this module : https://mhas.gov.mt/en/MHAS-Information … rm%20G.pdf

yes my wife studied in malta for one year, after her tourist visa (she moved from thailand to here and not sure we where going to stay in the long term, we decided to invest her time in an english school to give her more possibilities to find a job in the future), of course we have receipts of the payments and the certificate of attendance she also get the "advanced level "

I am worry in the timing of this procedures : we got marry 1st of june, and immediately apply to change the residence permit, as the student one expires in 15 days, but still no feedback from sant elmo side ...

Hi,

shouldn't be a problem if you have the financial resources and health insurance for both of you.

Did you both sign the application ?

The only problem could be the interpretation of the ' Freedom of Movement' Act as in your case there was no movement ! You were both already in Malta.

But as a company director you should lawyers capable of dealing with that .

Cheers
Ricky

I don't have health insurance, as I am covered by the N.I. , she has because she doesn't trust in any public health system
I still didn/t contact our lawyers for this, as I thought in the beginning everything was much easy (finally i follow the procedures i found on the home affair website, but now i star to have doubts.

regarding application, yes, it was signed by both, and as accompanying documents, I provide our rent contract, and my payslips plus of course all the proper paperwork done, allow my russian wife to ask and get the residence permit  in less than 3 weeks

hello, i just would like to post here (sorry for delay), to share the final results of our request.

We got after 7 weeks the residence permit, bringing the correct modules and adding to them :
- our letting agreement
- a copy of my working contract
- last 6 payslips

The modules were signed by both of us.

Hi Ricky,

I am researching on applying for Visas for my family and I saw this post which has raised serious concern to my situation. I am non EU and I got a job in Malta with an indefinite contract. The company applied for my work permit which I received in December 2014. I then applied for a Visa which has now been granted. Our plan was that I go to Malta first, secure accommodation and see if I settle and enjoy my job, then my husband and daughter can join me after 2- 3 months. I am due to start the new job in April. Now, after reading your post which is very informative, I am worried that I will not be able to be with my family. I dont think my job is of national interest as its in the financial sector. Does this law still apply now? Is there a way around it? Is it possible that the company that has recruited me can apply for dependent Visas on my behalf? Your help will be appreciated.

Hi ,

the 2 year rule ( application for family members after a minimum of 1 year ) still applies.

But as this is Malta it might be possible for your companies lawyers to facilitate and solve the issue on an individual basis. That is definitly better than trying on your own.

Cheers
Ricky

Ok. Thanks for your response.

Hi All, I am a little bit confused with the chain of posts above. One of the earlier post refers that TCN work permit holder can bring it's family (wife and minor kids) to Malta and the 2 years rule is not applicable to them if they are Work permit holders. Whereas th recent post suggest otherwise.

Can someone please clarify this.

My company has a subsidiary company in Malta and wants me to move to Malta. Me, my wife and my kids (age 7 and 3) are thirty country nationals. My company is applying for my work permit in the coming weeks. Can they apply for the residence permit for my wife and kids as well at the same time? Or my family will have to wait for 1 or 2 years to join me?

Hello everyone,
Does anyone know if a spouse of single permit holder can get family reunification visa without waiting 1 or 2 years if both parts are Non-eu?

We have read each and every post on this topic but there are many different opinions.
If there is a non-eu couple that went through this process, please enlighten us.
Thanks!