S.L. 217.6 Art. 16Entitlement to autonomous residence permit.

(1) Upon the expiry of a period of five years’ residence in

Malta and provided that the family member has not been granted a residence permit for reasons other than family reunification, the spouse or the child who has reached majority shall be entitled, upon application, to an autonomous residence permit: Provided that, in the case of the breakdown of the marriage, the Director may limit the granting of such permit to the spouse only.

(2) The autonomous residence permit is valid for a period of one year and shall be renewable.

(3) During the period of five years referred to in subregulation (1), a temporary absence from Malta shall not interrupt such period and such absence shall not be taken into account in the compilation of the said period when the periods of absence are shorter than six consecutive months and do not exceed the total of ten months within the five year period: Provided that, for exceptional reasons of a temporary nature, the Director may consider a longer period of absence as not interrupting the said period of five years.