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Exempt persons

 
Persons enjoying exempt person status
The Constitution defines freedom of movement as a right to move freely throughout Malta, the right to reside in any part of Malta, the right to leave and the right to enter Malta.

If you are entitled to freedom of movement, you are considered to be an exempt person under the provisions of the Immigration Act, that is, you do not require a permit to reside in Malta, and you may work in Malta without an employment licence.

You are entitled if:

  • You are a citizen of Malta
  • You were born in Malta (of a parent likewise born in Malta if born prior to 21st September 1964) and, having emigrated, you ceased to be a citizen of Malta (you may also qualify to hold dual citizenship)
  • You are the non-Maltese wife of a citizen of Malta who acquired Maltese citizenship by birth in Malta, or of a person who enjoys freedom of movement (item 2 above) as long as you are still living with your Maltese husband
  • You are the non-Maltese husband of a citizen of Malta, your marriage took place before 24 April 2001, you would have been married for at least five years and you are still living with your Maltese wife;
  • You are the non-Maltese spouse of a citizen of Malta, your marriage took place on or after 24 April 2001, you would have been married for at least five years and are still living with your Maltese spouse.
  • You are the widow/widower of a citizen of Malta who acquired Maltese citizenship by birth in Malta or of a person who enjoys freedom of Movement (item 2 above) and was still living with your husband/wife at the time of his/her death. Moreover, you must have been married to that person for at least five years or, but for the death of that person, would have been so married for at least five years.
  • You are the non-Maltese son/daughter of a citizen of Malta who acquired Maltese citizenship by birth in Malta, or of a person who enjoys freedom of movement (item 2 above). In this case you are entitled to freedom of movement until you are twenty-one years old.

DOCUMENTS REQUIRED

Returned Emigrant


Birth Certificate, Father’s Birth Certificate, Parents’ marriage certificate, certificate of present citizenship, Passport, documentary evidence relating to period of emigration.  If you are a former female citizen of Malta who is/was married, a copy of your marriage certificate will also be required. Moreover, if your husband is/was a citizen of Malta, his birth certificate, his father's birth certificate and his parents' marriage certificate would be required

Son/Daughter of Returned Emigrant

In addition to the documents for the returned migrant, son's/daughter's birth certificate showing names of parents, and passport would also be required. Moreover, if the enquirer is the father, his marriage certificate would also be required.

Non-Maltese Spouse

Marriage certificate, birth certificate, passport. Also required husband/wife’s birth certificate, father’s birth certificate, parents’ marriage certificate, passport, ID card. If the spouse is a returned emigrant who holds a non-Maltese passport, also required certificate of acquisition of citizenship, documentary evidence relating to his/her period of emigration. If you are a widower, death certificate of late husband/wife must be included.

 
Son/Daughter of a Citizen of Malta

Birth certificate, passport, father’s/mother’s birth certificate, paternal/maternal grandfathers’ birth certificate, paternal/maternal grandparents’ marriage certificate, parents’ marriage certificate, fathers’/mothers’ passport, fathers’/mothers’ identity card​.

In order that an application for a residence document in respect of such status may be submitted, confirmation has to be obtained also from the Department for Citizenship and Expatriate Affairs and submitted together with the said application. CEA Form CEA/18 has to be submitted.​


Last updated in June 2014.