Rights of Child born in Malta?

We have friends that have lived in Malta for 3 years.  She is 8 months pregnant and they are having a problem renewing their residence cards-they are being told that the husband does not make enough money to support her.  After the child is born, will they/or the child have any additional rights?  I've searched Identity Malta and can't find any answers.

No rights what so ever unles one of the parents is Maltese

If you mean is a child born in Malta from non-Maltese parents a Maltese citizen, then no, he/she will not be a Maltese citizen by birth, the child will inherit the nationality of its parents; so they will not gain any additional rights for their residence status.

Hope this helps.

Cynic
Expat Team

Yup. None.

mom2josh :

We have friends that have lived in Malta for 3 years.  She is 8 months pregnant and they are having a problem renewing their residence cards-they are being told that the husband does not make enough money to support her.  After the child is born, will they/or the child have any additional rights?  I've searched Identity Malta and can't find any answers.

Please see excerpt: ‘……The court observed that  Article 20 of the Treaty on the Functioning of the European Union (TFEU) precludes national measures which have the effect of depriving citizens of the Union of the genuine enjoyment of the substance of the rights conferred by virtue of their status as citizens of the union.

“A refusal to grant a right of residence to a third country national with dependent minor children in the Member State where those children are nationals and reside, and also a refusal to grant such a person a work permit, has such an effect,” said the judge.

Dependency would result in the child, an EU citizen, being obliged to leave the EU as a whole, as a consequence of refusal.

“Therefore it is evident that in such circumstances the right of residence of the third country national is a derivative right from the fact that the parent has children that are EU citizens.”…………’

Source: Non-EU parents of Maltese children have the right to live and work in Malta, court says - Non-EU citizens who have Maltese children have the right to work in Malta as long as the children remain their dependants – Maltatoday, 22nd February 2018 -:
https://www.maltatoday.com.mt/news/cour … court_says

Fionn :
mom2josh :

We have friends that have lived in Malta for 3 years.  She is 8 months pregnant and they are having a problem renewing their residence cards-they are being told that the husband does not make enough money to support her.  After the child is born, will they/or the child have any additional rights?  I've searched Identity Malta and can't find any answers.

Please see excerpt: ‘……The court observed that  Article 20 of the Treaty on the Functioning of the European Union (TFEU) precludes national measures which have the effect of depriving citizens of the Union of the genuine enjoyment of the substance of the rights conferred by virtue of their status as citizens of the union.

“A refusal to grant a right of residence to a third country national with dependent minor children in the Member State where those children are nationals and reside, and also a refusal to grant such a person a work permit, has such an effect,” said the judge.

Dependency would result in the child, an EU citizen, being obliged to leave the EU as a whole, as a consequence of refusal.

“Therefore it is evident that in such circumstances the right of residence of the third country national is a derivative right from the fact that the parent has children that are EU citizens.”…………’

Source: Non-EU parents of Maltese children have the right to live and work in Malta, court says - Non-EU citizens who have Maltese children have the right to work in Malta as long as the children remain their dependants – Maltatoday, 22nd February 2018 -:
https://www.maltatoday.com.mt/news/cour … court_says

Thanks for posting this, something else for my links list.  Interesting article; however, the case relates to children who were Maltese citizens; as far as I'm aware from the OP, the parents are not Maltese, so the children will not be citizens of that country.

Just to add, if they are EU citizens, then it may be different.

I have to agree, it sounds like the father is Maltese., making the children Maltese citizens. I was told many years ago, that I can not become a dependent on minors (by the expatriates division,) so the children are not allowed Maltese citizenship unless one of the parents are Maltese but, things change all the time!

Yes-unfortunately both parents are non-EU. The father is working, but employers won't sign his paperwork. Going back to Venezuela is not an option.  Just trying all options for them.

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