1. What is the process for applying for family reunification in Malta?

The process for applying for family reunification in Malta involves several steps:

1. Eligibility: In order to apply for family reunification in Malta, the person seeking reunification must be a third-country national who has been granted certain forms of residence permits in Malta, such as long-term residence or subsidiary protection.

2. Application: The applicant must submit an application for family reunification to the Maltese authorities. This application must include documents proving the family relationship, such as birth certificates and marriage certificates.

3. Evaluation: The Maltese authorities will evaluate the application based on various factors, including the family relationship, the conditions of the family member in Malta, and the ability of the sponsor to support the family member.

4. Decision: After the evaluation process, a decision will be made on the family reunification application. If approved, the family member will be granted a residence permit to join the sponsor in Malta.

It is important to note that the process for family reunification in Malta can be complex and it is advisable to seek legal assistance to ensure that all requirements are met and the application is submitted correctly.

2. Who is eligible to apply for family reunification in Malta?

In Malta, family reunification is governed by the Immigration Regulations. The following individuals are typically eligible to apply for family reunification in Malta:

1. Third-country nationals who hold a valid residence permit in Malta.
2. Family members of Maltese citizens or individuals holding long-term resident status in Malta.
3. Dependent family members, including spouses, children under the age of 18, and elderly parents, who are financially dependent on the sponsor.
4. Individuals seeking to reunite with their family members who have been granted subsidiary protection in Malta.

It is important to note that specific eligibility criteria may vary depending on the circumstances of each case and any updates or changes to the relevant laws or regulations. It is advisable to seek guidance from legal experts or immigration authorities to accurately determine eligibility for family reunification in Malta.

3. What documents are required for a family reunification application in Malta?

In Malta, several documents are required for a family reunification application. These typically include:

1. Valid identity documents for the applicant and the family members they wish to reunite with, such as passports or national identity cards.
2. Proof of family relationship, such as marriage certificates, birth certificates, or adoption papers.
3. Evidence of stable and regular income to support the family members financially while in Malta.
4. Proof of suitable accommodation for the family members.
5. Health insurance coverage for the family members.
6. A clean criminal record certificate for the applicant.
7. Any additional specific requirements depending on the family member’s nationality or circumstances.

It is important to carefully review the specific requirements outlined by the Maltese authorities and ensure that all necessary documentation is provided to support the family reunification application effectively.

4. How long does the family reunification process typically take in Malta?

In Malta, the family reunification process typically takes around six to eight months to be completed, but this timeframe can vary depending on various factors such as the complexity of the case, the accuracy and completeness of the documentation provided, and the caseload of the Maltese authorities handling the application. It is essential to ensure that all required documents are submitted correctly and in a timely manner to expedite the process. Additionally, being proactive and staying informed about the progress of the application can help prevent delays and facilitate a quicker reunification with family members in Malta.

5. Are there any specific requirements for sponsoring family members in Malta?

Yes, there are specific requirements for sponsoring family members in Malta. To sponsor family members for reunification in Malta, the sponsor must be a Maltese citizen, hold a valid residence permit, or have refugee status in Malta. Additionally, the sponsor must demonstrate that they have stable accommodation, sufficient financial means to support the family members, and provide health insurance coverage for them. The sponsor must also prove that they have strong family ties with the family members they wish to reunite with, such as being a spouse, parent, grandparent, or child. It is essential to submit all required documentation and meet these criteria to be eligible for sponsoring family members for reunification in Malta.

6. Can extended family members be included in a family reunification application in Malta?

In Malta, extended family members are not eligible to be included in a family reunification application. The criteria for family reunification in Malta are generally limited to immediate family members, such as spouses, children under the age of 18, and parents of minors. Extended family members, such as siblings, aunts, uncles, or cousins, are typically not considered eligible for family reunification in Malta. However, certain exceptions may apply in specific cases, such as when there are compelling humanitarian or exceptional circumstances, as determined by the Maltese authorities on a case-by-case basis. It is important to consult with relevant immigration authorities or legal experts for personalized guidance on family reunification applications in Malta.

7. What rights do family members have once they are reunited in Malta?

Once family members are reunited in Malta, they are entitled to certain rights to ensure their well-being and integration into Maltese society:

1. Right to reside: Family members who have been granted reunification are entitled to reside in Malta with their loved ones.

2. Right to work: In most cases, family members are granted the right to work in Malta upon reunification, allowing them to support themselves and contribute to the community.

3. Right to access healthcare: Reunified family members have the right to access the Maltese healthcare system, ensuring their health needs are met.

4. Right to education: Children who are reunited with their families in Malta have the right to access education, allowing them to integrate into Maltese society and build a future for themselves.

5. Right to social services: Family members have the right to access social services and support networks in Malta, providing them with assistance and resources to help them adjust to their new life in the country.

Overall, the rights of reunified family members in Malta are aimed at ensuring their inclusion and well-being in Maltese society, allowing them to lead fulfilling and secure lives with their loved ones.

8. Are there any language proficiency requirements for family reunification in Malta?

Yes, there are language proficiency requirements for family reunification in Malta. In order to be eligible for family reunification, the sponsor (Maltese or long-term resident) and their family members must be able to demonstrate a basic understanding of Maltese or English, the official languages of Malta. This requirement is important for successful integration and communication within the family unit and the wider Maltese society. Applicants may be required to provide evidence of their language proficiency through language tests, interviews, or other means as determined by the Maltese authorities. It is important for applicants to be aware of and prepared to meet these language requirements when applying for family reunification in Malta.

9. How does Malta define “family members” for the purpose of reunification?

Malta defines “family members” for the purpose of reunification based on the definitions provided in the Immigration Act. According to Maltese law, family members eligible for reunification include spouses, children under the age of 18, children who are dependent on their parents for reasons of health, and elderly parents who are dependent on the EU citizen residing in Malta for reasons of serious health grounds. The definition also encompasses family members who form part of the household of the EU citizen in their country of origin and require their care due to serious health grounds. Malta also allows for extended family members under certain conditions, such as unmarried partners in a durable relationship with the EU citizen. It is important to note that the specific criteria and requirements for family reunification in Malta may vary, so it is advisable to consult the relevant legislation and authorities for the most up-to-date information.

10. Is there a limit to the number of family members that can be included in a reunification application in Malta?

In Malta, there is no specific limit to the number of family members that can be included in a reunification application. However, it is essential that the family members seeking reunification meet the eligibility criteria set out by Maltese immigration laws. These criteria may include relationships recognized as eligible for reunification, such as spouses, minor children, and dependent parents. It is important to note that each case is considered individually, and the decision to approve a family reunification application depends on various factors, including the financial resources of the sponsor, the living conditions of the applicant in Malta, and the overall circumstances of the family. Applicants are advised to provide all necessary documentation and evidence to support their application for a successful reunification process.

11. What are the reasons for a family reunification application being rejected in Malta?

There are several reasons why a family reunification application may be rejected in Malta:

1. Ineligible family relationship: One of the most common reasons for rejection is when the relationship between the sponsor and the family member seeking reunification does not meet the criteria set out by Maltese immigration law. For example, distant relatives may not be eligible for family reunification under certain circumstances.

2. Insufficient documentation: Another reason for rejection could be the lack of proper documentation to support the familial relationship claimed in the application. This could include birth certificates, marriage certificates, or other relevant documents that prove the relationship between the sponsor and the family member.

3. Failure to meet financial requirements: Malta requires sponsors to demonstrate that they have sufficient financial means to support the family member seeking reunification. If the sponsor fails to meet these financial requirements, the application may be rejected.

4. Criminal record of the sponsor or family member: If either the sponsor or the family member seeking reunification has a criminal record, this could lead to the rejection of the application. Malta has strict rules regarding the admittance of individuals with criminal records.

5. Failure to meet health requirements: If the family member seeking reunification has health issues that pose a threat to public health or safety, the application may be rejected on these grounds.

Overall, it is important to carefully review and fulfill all the eligibility criteria and requirements set by Maltese immigration authorities to avoid potential rejection of a family reunification application.

12. Can minors independently apply for family reunification in Malta?

Minors in Malta cannot independently apply for family reunification. Family reunification in Malta is typically initiated by the parent or legal guardian who is already residing in the country and wishes to be reunited with their minor child. The application process for family reunification involves submitting various documents and meeting specific criteria set by Maltese immigration laws. Minors need to be included in the application submitted by their parent or legal guardian, and their presence in Malta is contingent on the approval of the reunification request. Minors do not have the legal capacity to independently apply for family reunification in Malta due to their age and dependent status.

13. Is there financial support available for family members under reunification in Malta?

Yes, there is financial support available for family members under reunification in Malta. When a non-EU national family member reunites with their sponsor in Malta, they may be eligible to apply for social assistance benefits provided by the Maltese government. This financial support can help cover basic living expenses and ensure that the reunited family can maintain a decent standard of living. Additionally, family members who are authorized to work in Malta may also access the labor market and earn an income to support themselves. It is important to note that the specific financial assistance available may vary depending on the circumstances of each case and the eligibility criteria set by the Maltese authorities.

14. Are there any integration requirements for family members arriving through reunification in Malta?

Yes, there are integration requirements for family members arriving through reunification in Malta. These requirements are put in place to ensure that family members are able to successfully integrate into Maltese society and contribute positively to their new community. Some of the integration requirements for family members in Malta may include:

1. Language proficiency: Family members may be required to demonstrate a basic level of proficiency in the Maltese or English language in order to communicate effectively and participate in society.
2. Cultural orientation: Family members may be expected to attend cultural orientation programs to familiarize themselves with Maltese customs, traditions, and values.
3. Employment or education: Family members may be encouraged to seek employment or enroll in educational programs to support their integration and economic independence.
4. Social integration: Family members may be encouraged to participate in community activities, social events, and initiatives to build connections and establish relationships with locals.

Overall, these integration requirements aim to facilitate the smooth integration of family members arriving through reunification in Malta, promoting their overall well-being and successful adaptation to their new environment.

15. Can a family reunification application be made while the sponsor is still in the process of obtaining a residence permit in Malta?

Yes, a family reunification application can be made while the sponsor is still in the process of obtaining a residence permit in Malta. However, there are certain requirements that need to be met for the application to be successful in such cases:

1. The sponsor must have a valid residence permit application in progress and provide evidence of this to the authorities handling the family reunification application.

2. The sponsor must demonstrate that they have the financial means and suitable accommodation to support the family members who are applying to join them in Malta.

3. The family members applying for reunification must meet the eligibility criteria set out by Maltese immigration laws and regulations.

4. The authorities may consider the sponsor’s residence permit application status when assessing the family reunification application, but it is possible for the process to proceed concurrently.

It is advisable to seek guidance from immigration authorities or legal experts familiar with Maltese immigration laws to ensure a smooth and successful family reunification process under such circumstances.

16. What happens if the relationship with the sponsor breaks down after family members have been reunited in Malta?

If the relationship with the sponsor breaks down after family members have been reunited in Malta, the family members may face challenges in terms of their residency status and legal rights in the country. Here are some key points to consider in such a situation:

1. Residency Status: Family members who have been granted residence permits based on family reunification may no longer meet the eligibility criteria if the relationship with the sponsor dissolves. This could potentially lead to a situation where their legal status in Malta becomes uncertain.

2. Legal Rights: Family members who were relying on the sponsor for financial support, accommodation, or other necessities may find themselves in a vulnerable position if the relationship breaks down. They may need to seek alternative means of support and assistance to ensure their well-being in Malta.

3. Options for Redress: In cases where the breakdown of the relationship is due to abuse or neglect, family members may have legal recourse to protect themselves and seek support. They can reach out to relevant authorities and organizations for guidance on their rights and options for assistance.

It is crucial for family members in this situation to seek legal advice and support to understand their rights and explore possible solutions to their circumstances. Efforts should be made to ensure that the well-being and rights of the family members are protected despite the breakdown of the relationship with the sponsor.

17. Are there any specific healthcare or education benefits available for reunited family members in Malta?

Yes, in Malta, reunited family members may be eligible for specific healthcare and education benefits. Here is a breakdown of the benefits available:

1. Healthcare: Reunited family members in Malta are typically entitled to access the public healthcare system, which provides comprehensive medical services including consultations, treatments, hospital care, and prescription medication. Family members may be covered under the primary sponsor’s healthcare insurance or may be required to obtain their own healthcare coverage depending on their specific circumstances.

2. Education: Reunited family members, particularly children, may have access to the Maltese education system, which includes free primary and secondary education in public schools for residents of Malta. There may be additional support services available for children with specific educational needs, such as language assistance or special education services.

It is important for reunited family members in Malta to familiarize themselves with the specific eligibility criteria and application procedures for accessing healthcare and education benefits to ensure they can fully avail of these services.

18. Can same-sex partners apply for family reunification in Malta?

Yes, same-sex partners can apply for family reunification in Malta. Malta recognizes and allows for same-sex partnerships under the Civil Unions Act of 2014, which grants legal recognition and rights to same-sex couples. This means that same-sex partners are eligible to apply for family reunification in Malta just like opposite-sex couples. The application process and requirements for family reunification in Malta are generally the same for both same-sex and opposite-sex partners, ensuring equal treatment under the law. It is important for same-sex partners considering family reunification in Malta to familiarize themselves with the specific procedures and documentation needed to submit a successful application.

19. Are there any limitations on the duration of stay for family members under reunification in Malta?

Yes, there are limitations on the duration of stay for family members under reunification in Malta. When a non-EU national is granted family reunification in Malta, their residence permit is usually issued for a renewable period of one year. This means that family members are required to renew their residence permits annually to continue residing in Malta with their relative. The duration of stay for family members under reunification is typically linked to the validity of the sponsor’s residence permit in Malta. If the sponsor’s residence permit expires or is not renewed, the family members’ permits may also be affected. It is important for family members under reunification to comply with the renewal requirements and any other conditions set by Maltese authorities to maintain their legal stay in the country.

20. What options are available for appealing a decision on a family reunification application in Malta?

In Malta, there are several options available for appealing a decision on a family reunification application:

1. Administrative Review: The first step in appealing a decision on a family reunification application is to request an administrative review from the Immigration Appeals Board. This board will review the decision made by the Immigration Officer and may either uphold the decision or overturn it.

2. Judicial Review: If the administrative review does not result in a favorable outcome, the next option is to seek a judicial review through the Maltese court system. This involves taking the case to court and asking a judge to review the decision made by the Immigration Officer for legality and procedural correctness.

3. Ombudsman: Another avenue for appeal is to contact the Office of the Ombudsman in Malta, who is responsible for investigating complaints against government entities, including immigration authorities. The Ombudsman may investigate the case and make recommendations for how to proceed.

It’s important to note that the appeals process for family reunification applications in Malta can be complex and time-consuming. It is advisable to seek legal advice and guidance to navigate the process effectively and increase the chances of a successful appeal.