More rights for non-EU residents in Malta

The Home Affairs Ministry is drafting new legislation to transpose into Maltese law a European Union directive on the status of people from outside the EU who are long-term residents in the country.

The directive, which has to be complied with by January 23, provides for the free movement of these persons and measures relating to external border controls, asylum and immigration.

People covered by the directive would be given permanent long-term residence status. They would enjoy equal treatment as local nationals with regards to access to employment and the right of residence in the territory. A number of reservations would however apply.

The Home Affairs Ministry said Malta was prepared to comply with the provisions of the directive. It said that consultations were being held at the level of ministries to examine certain provisions.

The ministry has also attended ad hoc meetings held by the European Commission called to clarify the interpretation of certain provisions.

Malta, the ministry said, intended to abide by the deadline set for the transposition and implementation of the directive.

Asked how many third-country nationals would benefit from the directive, the ministry said third-country nationals, excluding refugees and persons enjoying humanitarian protection, would be eligible to hold long-term resident status if they have been residing legally in Malta for more than five years.

A number of persons, most of whom are residing in Malta on the strength of an employment licence and who satisfy the stipulated conditions would, therefore, be eligible for such status, the ministry said.

In October 1999, the European Council had decided that the legal status of third-country nationals should be brought as close as possible to that of member states' nationals and that a person who has resided legally in a member state for a period of time and who holds a long-term residence permit should be granted a set of uniform rights which were as near as possible to those enjoyed by citizens of the European Union.

Member states may refuse to grant long-term residence status on grounds of public policy or public security.

Third-country nationals would be asked to provide evidence that they have stable and regular resources to maintain themselves and their families without recourse to the social assistance system of the member state.