A Ghanaian man and his Maltese partner, who have been together for seven years and entered a cohabitation agreement last year, have accused Identità of dragging its feet to issue a residence permit, which would allow him to work and them to get married in Church.

Prince Kwadwo Asomah and Josephine Portelli filed a judicial protest, in the First Hall of the Civil Court, against state identity management agency Identità. They are calling on the authority to issue the residence and work permits according to law.

“My partner deserves to work with dignity like other people who are married to a Maltese citizen. The same rules should apply to everyone equally,” Portelli said.

Speaking to Times of Malta, Portelli explained that she met Asomah through social media when he was living in Italy. In 2019, he flew to Malta and continued their relationship.

He was claiming refugee status – first in Italy and then in Malta. During that time, he was given a temporary work permit which he had to renew regularly. However, his refugee application was rejected and his work permit was revoked.

In the meantime, the couple made plans to get married but could not get married in Church, as they wished to, as he did not have the necessary documents. Asomah even got baptised while living in Malta.

So they entered a cohabitation agreement, under the Cohabitation Act, in July 2023.

In the judicial protest, they noted that their cohabitation was recognised by Identità. According to cohabitation law, a cohabitant has the “same rights granted to a person who is married or in a civil union in terms of rights related to labour and family”.

Last March, he applied for a residence permit and provided all the necessary documents. But still, the authority is dragging its feet and, as a result, he cannot exercise his right to work legally.

They called on Identità to issue the documents or face further legal action.

“What is causing the delay in issuing a residence permit card to a person in a stable and durable relationship when Identità had already recognised the relationship by issuing a cohabitation certificate? Is there something beyond? Perhaps a hidden policy to make it difficult for TCNs to get what is entitled to them by law as the Cohabitation Act does not make any distinction between who can enter into a cohabitation?” she said.

Lawyer Analise Magri and legal procurator Mark Sultana signed the protest.