Court stops Venezuelan man's removal because of cohabitation deed

A Venezuelan man facing removal from Malta has won a court appeal after a judge ruled that authorities failed to properly consider his long-term cohabitation with an EU partner when ordering his removal.

Mr Justice Lawrence Mintoff heard how Carlos Luis Gutierrez Hernandez had been legally working in Malta since October 2018 under a single permit linked to his employment with a car rental company.

In January 2023, he applied to change employer in order to work with another car rental company. However, on May 5 of that year, while working at Malta International Airport for his new employer, he was found to be employed by the company not covered by his residence permit.

He was escorted to the airport police station and later transferred to the Safi Detention Centre. A return decision and removal order were issued on the same day.

His appeal before the Immigration Appeals Board was rejected. His appeal was based in part on the fact that he had been cohabiting with his Spanish partner, an EU citizen, since 2021. The couple had also entered into a formal cohabitation deed in Malta on March 10, 2025.

The appeals board acknowledged that the Cohabitation Act recognises cohabiting partners and grants certain civil rights, including inheritance, tenancy, maintenance and rights relating to children. However, it stressed that these are domestic civil law rights and do not automatically confer EU residence rights.The board held that while a cohabitation deed may support an EU law residence application, it does not in itself grant a right of residence to a third-country national. It also emphasised that working without authorisation cannot be regularised solely on the basis of such a relationship.

Gutierrez Hernandez then appealed the decision in court - before Mr Justice Mintoff, who found that the board should have given greater weight to the rights arising from the cohabitation.

The court noted that the couple had been living together since September 2021, a fact declared in their cohabitation contract and not contested by the state. It also observed that the man’s removal from Malta and the Schengen area could have negative repercussions on his EU partner.

The court therefore disagreed with the board’s reasoning, particularly in light of the established cohabitation and the state’s acceptance of the relationship. It upheld the appeal, annulled the board's decision, and referred the case back for reconsideration.

Lawyers Annalise Magri and legal procurator Mark Sultana appeared for Hernandez.