EU grants regular migrants right to reunite family
Malta has yet to transpose new directive
Malta is one of 16 EU member states still to meet the requirements under EU law to transpose into its law books a new directive granting the right to family reunification to regular immigrants.
EU member states had until yesterday to transpose the new directive.
Commission sources told The Times its services are seeking clarification from the Maltese authorities justifying the non-transposition of Directive 2003/86/EC and will eventually be taking appropriate procedural steps, possibly even of a legal nature.
The sources said they wanted to make it clear that the directive does not in any way give any new rights to the hundreds of illegal immigrants and asylum seekers reaching Maltese shores but is only intended for those immigrants who have been staying in Malta legally and for at least two years.
The directive gives such immigrants the right to apply for their family members to join them in Malta. However, there are a series of conditions linked to this right.
The immigrants will have to hold a residence permit issued by Malta for at least one year or more. They must also have reasonable prospects of obtaining the right of permanent residence. Those who have only a temporary residence permit do not qualify.
The family members who are entitled to leave their country and join their sponsor (legal immigrant) are the spouse, minor children and parents in case the sponsor is a minor recognised refugee. If the sponsor is a recognised refugee, further family members may be allowed to join. The reunification of only one spouse is permitted and children of further spouses may be refused entry.
The new EU law also prescribes procedural rules dealing with the treatment of applicants for family reunifications, such as length of procedure, type of evidence accepted and the right to launch a legal challenge. Once the application is accepted, the member state has to grant every facility to obtain a visa for family members and also grant them certain rights such as residence permit, access to education, employment and self-employed activity and vocational training.
According to the EU, the aim of its new directive is to bring families back together and also to facilitate the integration of third country nationals into the EU.