Author
National legislation provides for the possibility for third-country nationals residing regularly in Malta to access long-term residence.[1] The criteria are the same for all migrants: no special conditions are foreseen for beneficiaries of international protection.
To be able to apply for such permit, applicants must have to fulfil a list of requirements:[2]
- They first need to have resided legally and continuously in Malta for five years immediately prior to the submission of the application;
- Applicants are also requested to provide “evidence of stable and regular resources which have subsisted for a continuous period of two years immediately prior to the date of application and which are sufficient to maintain the applicant and his family without recourse to the social assistance system in Malta or to any benefits or assistance”.[3] The law provides that these resources have to be equivalent to the national minimum wage with an addition of another twenty percent of the national minimum wage for each member of the family;
- An appropriate accommodation, regarded as normal for a comparable family in Malta, a valid travel document and a sickness insurance are also requested to be entitled to apply;
- In addition, Regulations require language (Maltese) and integration conditions, including courses of at least 100 hours about the social, economic, cultural, and democratic history and environment of Malta recognised by an examination pass mark. These courses are provided by the Human Rights and Integration Directorate, as part of the ‘I Belong’ integration programme.
The application for long-term residence has to be submitted in writing to the Director for Citizenship and Expatriate Affairs, via Identity Malta. The law provides for a time limit of six months after an application is lodged to receive an answer. If the Director fails to give a decision within this period specified, the application shall automatically be passed on for appeal to the Immigration Appeals Board.[4]
In practice, it is difficult for beneficiaries to access long-term residence as the threshold for income is high when people have families, and the language requirements are burdensome.
Long-term residence status applications cost around €140.
Despite the law being silent on the subject, SRA holders are not allowed to apply for LTR. Those who try to apply cannot even lodge an application.
Identity Malta indicated having issued only one long-term residence permit in 2021 issued to beneficiaries of international protection, and specifically that it was granted to a subsidiary protection holder.[5] No data is available for 2022.
[1] Status of Long-Term Residents (Third Country Nationals) Regulations, Subsidiary Legislation 217.05.
[2] Also explained in this checklist, provided by Identity Malta: https://bit.ly/3YhL6GA
[3] Regulation 5 of the Long-Term Residence Regulations, Subsidiary Legislation 217.05 of the Laws of Malta
[4] Regulation 7 of the Long-Term Residence Regulations, Subsidiary Legislation 217.05 of the Laws of Malta
[5] Information provide by Identity Malta, April 2022.