Family member of EU national jobplus registration

Both of you may lawfully commence gainful employment from day 1 of your arrival in Malta.

Please see the following excerpts from recent reportage:

‘……Identity Malta representative Ryan Spagnol……He said third country nationals married to EU citizens apply as family members of EU nationals. "It's a card and they have rights of free movement, the same rights as an EU citizen……Asked about the need for an ID card and employment, he said that "the card is a formality, so it cant inhibit a person. Employment is not dependent on the card, the fact that a person is married to an EU national gives them the rights."………......Marcel Bonnici from Jobs Plus…..He stressed that a non-EU national married to an EU national follow the same employment procedure as an EU national, and a Maltese person.  The procedure is that when employed by a company, the employer will open an engagement form with Jobs Plus. He said that one does not necessarily need an ID card, and passports are also accepted. As for National Insurance, he said that one can apply for a national insurance number through the engagement form.……’

In case of any further difficulties, you may address your complaint to: The European Commission - Secretariat General.

E-mail: sg-plaintes@ec.europa.eu

Dear Fionn,
Thank you for your reply.
Could you please send me a link where to find this Article.
This is an answer from Jobplus :

Yes that is right your wife is entitled to the same rights as you and would not need a permit as she is a family member of an EU but the issue is that this right is not automatic and she has to apply for a residence card under this status. Until Identity Malta do all their checks and confirm she is in fact a family member of an EU she is still considered (for employment purposes) as a non EU National. So your wife could not work until ID Malta confirm her status. Please be advised this can take 3-4 months.

I have sent you a private message.

Thanks Fionn.
You are really helpful to folks seeking relevant info on this platform. Last year April/May, I came across the line you referred to while doing some research. It was from a court case. And that is exactly what the law states, but that is not the reality on ground.   EU family members with certificate of application, other than those whose residence cards have been approved but not yet issued, are not permitted to register with Jobsplus. I faced the same issue last year, and was gobsmacked. What other confirmation is required 'if' Embassy/Consulate had issued the visa on the premise of being a family member of EU citizen, and the applicant had already passed through rigorous examination before visa issuance. Later on, friends around informed that EU citizens and spouses come to Malta and jet off after obtaining their residence cards. And as such, the delay in card being issued, while others pegged it down to too many applications being submitted.  If the underlying factor was the former basis, why golden passport then. Folks with such passports are not conditioned to staying in Malta and jet off immediately on obtaining their passports.

@rotunda sinensis

Thank you for your kind remark in my personal regard.

I recommend you submit your observations to: The European Commission - Secretariat General.
sg-plaintes[at]ec.europa.eu

Alternatively, one could ask the European Commission Representation in Malta to print out the law on their letter headed stationery and present that to the Maltese authorities.   

In this regard, please see: https://ec.europa.eu/malta/about-us/contact_en

You really think that would work?

It has worked for me.