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darmatian

Hello everyone :),

I am Spanish thinking of moving to Malta with my non-EU partner. We are officialy registered as an unmarried couple in Spain
and presently we are trying to figure out if he will be able to get a residence permit in Malta as a family member of a EU citizen.
If I am not mistaken these type of unions are not recognized under Malta Law.

Any information will be very much appreciate it.

See also

Entry and stay conditions in Malta Retiring in MaltaQuestion about Form J - Economic Self SufficiencyDeath certificateMaltese Citizenship by Descent - How long have you been waiting?
georgeingozo

You need to prove a 2 year plus relationship.

ricky

Hi darmatian,

normally the proof that Malta expects for durable relationships is living together (legally) in Malta for two years or longer.

If you have registered relationship in Spain for more than two years you might be lucky and it will be accepted as proof as it is also within the EU. If it is for less than two years you have a problem !

A problem I see is the new residency procedure in Malta that will probably take more than 3 months to complete. And the timeline for non-EU citizens for a legal stay is 3 months!

You should inquire at the Department for Citizenship and °µÍø½ûÇøriate Affairs either here in Malta or in Spain.

Cheers
Ricky

georgeingozo

ricky wrote:

A problem I see is the new residency procedure in Malta that will probably take more than 3 months to complete. And the timeline for non-EU citizens for a legal stay is 3 months!

You should inquire at the Department for Citizenship and °µÍø½ûÇøriate Affairs either here in Malta or in Spain.

Cheers
Ricky


They maybe fast tracking such cases. they used to before under the old system. Plus an appointment can be requested before arriving :-)

ricky

Hi George,

maybe ? Let me know if you hear something about 'fast tracking' , at the moment I'm not aware of any special treatments. When I was there I even saw Maltese lawyers being sent away ..... with their clients !

Under the old system they did not fast track our application !We just made it on time-)))

I would go for applying for the appointment before arriving.

Cheers
Ricky

darmatian

Thank you very much for this helpful information. I really appreciate your contribution!

I read somewhere that in terms of proving that you have been in a two-year relationship they take into consideration if that period was in Malta or abroad, with the result that some of the applications fulfilling that condition of 2 years but abroad ending up on the rejection pile.
Are you aware of some of this?

ricky

Hi darmatian,

yes, I'm aware of that as it happened to us !

We were short of 3 months living together in Malta but being together for 10 years. That didn't count !

If the period or part is not in Malta it gets very messy!

Cheers
Ricky

georgeingozo

The crazy thing is that presumably you could get married, apply, and then divorce!

darmatian

Hi,

It seems that the whole procedure it would not be as easy as I thought.

I am just wondering how we suppose to be legally cohabiting in Malta for 2 years. According to my understanding, it would only be possible if during those 2 years each of us get a residence permit independently, which means that my partner will have to apply as a self-sufficient individual, work RP, etc. and then after that '2-year trial' apply for the residence permit as a family member of EU citizen. Quite long!   
The other way to go, as GNG pointed out, would be getting married.

Some advice?
Richy, may I ask you if you actually had to wait 2 years residing in Malta with your partner before she was able to get her residence permit as your family member?

ricky

Hi darmatian,

yes ! She was legally in Malta for 1 year and 9 months with a work permit that was not extended! I covered the missing months by getting a recommendation from an official person in Malta who has known us for many years.

Otherwise it would have been a big,big problem . They wanted the full 2 years in Malta !

So you are right ! Work, self-sufficiency on both accounts is necessary.

Cheers
Ricky

darmatian

Hi Ricky,

Thank you for sharing that vital information. Definetely, it shows me the way to go and make things work for us.
Happy to know that you managed to solve your situation out at that point.

Cheers,

ricky

Hi darmatian,

yes, in the end it was a good turn for us as now she has the same rights as an EU citizen ! But it was a struggle .... otherwise she would have been dependent on work permits and after 3 years they are not extended anyway for non-EU's.

Cheers
Ricky