Malta - British Expat Forum

I am an EU citizen and will have lived in Malta, for 5 years, come next year. I assume that I will be able to renew my Residency Certificate for a permanent one without problem. However, my wife is a non EU national. IWe were under the impression that she would be able to apply for permanent ordinary residence and also able to apply for a Maltese passport. Is this assumption correct ? Also will it involve my wife having to sit an exam and if so can she apply for training in advance ?

She will be able to apply for the same as you as she is your family member- last year I applied for a 5 year extension, got it, and so did my (non-EU) wife. The reason I didn't go for a permanent one was that my accountant said they were being very strict on the paperwork required as it was a new concept, and recommended applying for the permanent one next time round.

As for Maltese passport, thats a different matter - unless you or her have Maltese family, its nearly impossible to get Maltese citizenship, and AFAIK, thats the only way to get a Maltese passport.

Exam - she is applying for residency certificate as your family member, so certainly for a 5 year extension she won't need to do the exam

Mark, my wife is the spouse of an EU/UK citizen,(myself) but is from a non - EU country.

If we were living in the UK, then after some 2 and half years she could apply to sit a citizenship test and if successful,, would be allowed to reside in the UK/EU indefinitely.

At present my wife has a residence permit, allowing her to live in Malta, for a 5 year period, which expires next year. My query is that if I were to die, then I would not want my wife not to be allowed to remain in Malta/EU. The situation in the UK is that one can apply as the wife of an EU citizen to be allowed indefinite leave to remain, but I am not sure as to the procedure in Malta. The second part of the problem is that if we wish to visit the UK, at the current situation, then my wife has to apply for a visit visa, costing 85 pounds stirling each time.

Can you advise, of any procedures that would allow my wife "indefinite leave to remain within the EU and also, as such do away with the need for having to apply for a visit visa, at considerable expense, if we wish to visit the UK.

I used to work with refugees in the UK annd once they were granted indefinite leave to remain, then they could travel freely within the EU. Non EU Spouses of UK citizens could apply for indefinite leave to remain after only two and a half years residing in the UK. My wife and I have been married and living in Malta for four years now and it seems unfair if we cannot have comparative status.

Thanks once again for your help.

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My query is that if I were to die, then I would not want my wife not to be allowed to remain in Malta/EU. The situation in the UK is that one can apply as the wife of an EU citizen to be allowed indefinite leave to remain, but I am not sure as to the procedure in Malta.

neither am I, but I spoke to my accountant recently, and he's looking into it, but he said there will be something similar as need to be to be EU compliant

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The second part of the problem is that if we wish to visit the UK, at the current situation, then my wife has to apply for a visit visa, costing 85 pounds stirling each time.

my (non-EU) wife doesn't need a visa to visit the UK, so I'm not sure why your wife does

Can you explain how the spouse,(non EU), of a British citizen, can visit the UK, not requiring a visa ?. What requirements are necessary before free movement can be granted ?. As I find this very confusing. In the Schengen areas all that is required is the residence certificate, duly authorised and stamped in the passport, but I was under the impression that a visit visa was necessary for the UK.

Thanks

I can only guess its due to the respective citizenship of our wives - my wife's passport allows her visits to the UK for 3 months visa free.

My wife was in the same situation when we lived in Germany. She needed an "Entry Clearance for EEA family members". This was for 6 months but did not cost anything (apart from the hassle of going to the consulate and applying).

I just found the following on the home office site:

http://www.ukba.homeoffice.gov.uk/policyandlaw/guidance/ecg/eun/eun2/#header1

An EEA family permit is a document that we issue to make it easier for non-EEA family members of EEA nationals to travel with their EEA national or to join them in the UK. EEA family permits are issued under the Immigration (European Economic Area) Regulations 2006 and not the Immigration Rules. The permit is is issued ahead of a person's travel to the UK and is valid for six months and is free of charge.

As far as dying is concerned, in the UK there are procedures for the non EEA spouse to stay in the country even if they did not have an ILR at the time. Maybe there is something similar in Malta?

Thanks for this information. The point that I have concern over is that I am registered as financially self sufficient and under the age of 65. My wife,(NON EEA National), works in Malta. The regulations mention that the british citizen must have been working or self employed, to qualify for an EEA family permit, is this true ?

I was self employed when we were in this situation so I'm not sure. I imagine however it's more to do with proving that you have sufficient financial resources to support yourselves when visiting the UK. I would just try applying providing an explanation that you are economically self-sufficient with copies of proof of savings. Unfortunately I learnt in Germany that it was impossible to get any answers to specific questions before applying and the application process was even outsourced to a private company.

Just another thought. They probably are also looking for evidence that you really are based in Malta and are not planning to get you wife into the UK on the free. So any proof that you really are based here would be good (wife working in Malta, owned property or long-term rental contract, etc)

Yes, Thanks for the information. I own our own property in malta and my wife works here and pays maltese income tax/social security payments.

As you say maybe it is better to apply first, as World Bridge Services, Govt agency, just send email copies of the regulations, that are confusing and the reason for the enquiry in the first place. Also my wife successfully applied for a visit visa previuosly and followed all regulations appropriately, i.e. came back to Malta without overstating, etc.
Thanks

Good luck and hope it works out ok.