You are entitled to apply for family reunification in terms of Subsidiary Legislation 217.06, if you have:
- a residence permit valid for at least one year, a reasonable prospect of obtaining permanent residence,
- accommodation, which is comparable to that of Maltese families,
- stable and regular resources that amount to not less than the average wage in Malta (including an additional 20% of the average wage per family member).
Family Members Include:
- your spouse who is over 21 years of age,
- your unmarried minor children, and those of your spouse,
- your unmarried minor children, and those of your spouse, who are under your custody and dependent on you.
Unmarried adult family members may still be admitted to Malta if the sponsor provides evidence that they are dependent on the family’s household, mainly financial or physical dependency. The Agency shall make an extensive examination of the particular circumstances to determine whether the said family members will be allowed to join the sponsor, taking into consideration all the facts that would merit such facilitation.
Identita’ implemented a policy on family members of third-country nationals who do not qualify for family reunification by means of the Family Reunification Regulations. More information can be found here.
Where and how to apply | Residence permits are issued by Identita’ to family members who are residing outside Malta. Identita’ may accept an application submitted while the family members are already in Malta only in exceptional circumstances in cases of applications received under ‘Family Reunification Regulations’. If subject to a visa requirement, your family members must obtain a visa at the Embassy or Consulate in your country of origin or residence prior to their intended arrival in Malta. The sponsor, who is already legally staying in Malta, must submit a request to the Agency to determine eligibility for such a reunification of his/her family member, by means of an email on noneu [dot] ima Requests under the Family Members Policy must be presented to the Expatriates Unit before the family members are physically present in Malta. If they are in Malta the application shall be considered inadmissible unless the said family members are minor children who were born here. In the circumstances that family members are in Malta, apart from the fact that the application would be considered inadmissible, no further authorisation shall be given for further stays in Malta beyond his/her original authorisation to reside here. |
Documents required | If you are applying for family reunification under Subsidiary Legislation 217.06, you must provide the following documents:
If you are a refugee who is applying for family reunification within three months of being granted refugee status, you do not need to provide evidence that you have:
If you are applying for family reunification under the Policy on family members of third-country nationals who do not qualify for family reunification by means of the Family Reunification Regulations S.L. 217.06 | Identity Malta Agency, you must provide:
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Duration of validity of permits | Residence permits granted to family members are valid for one year. If a residence permit is granted under Subsidiary Legislation 217.06, the Agency will consider granting a residence permit for the same duration of the sponsor’s permit. After five years, provided that you have applied for family reunification under Subsidiary Legislation 217.06 ‘Family Reunification Regulations’, your spouse and children who have reached the age of majority can apply for an autonomous residence permit, valid for one year. |
Appeals | If a refusal is issued by Identita’, you may wish to lodge an appeal to this decision with the Immigration Appeals Board. The appeal must be submitted within three (3) working days from the date of receipt of this letter. Any communication to the said Board should be addressed to: The Secretary Immigration Appeals Board 15, 1st Floor, City Gate Buildings, Ordnance Street Valletta VLT 1020 Note that any appeal you may lodge with the aforementioned Board shall not prejudice the above-mentioned decision until the Appeal Board’s proceedings are finalised. If you decide to lodge such an appeal, you may wish to appoint a special mandatory to represent you in any of the sittings that may eventually be held during your absence. |
Further information |
Access to employment | If you have applied for family reunification under Subsidiary Legislation 217.06, your family members can engage in paid employment and self-employment under the same conditions, and where required, after being granted an employment licence and in accordance with the rights you may enjoy on the basis of your immigration position in Malta. Family reunification residence permits granted under the Policy on family members of third-country nationals who do not qualify for family reunification by means of the Family Reunification Regulations S.L. 217.06 do not grant them the automatic right to work in Malta. The said third-country nationals who wish to take up employment in Malta must change the purpose of their stay in Malta by submitting an application for a single permit to the Expatriates Unit. |
Long-term residence | A family member can obtain long-term resident status after five years of legal and continuous residence provided that:
you provide a letter documenting employment history, current and previous residence, family members if living with you and any other relevant information. |