S.L. 460.17 Art. 11Residence by other persons.

(1) Without prejudice to the provisions of article 3 and subject to any restrictions or conditions as may be imposed by this Order, any citizen of the Union may reside in Malta if he:

(a) has sufficient resources for himself and his family members and other family members, ensuring that they do not become a burden on the social assistance system in Malta; and

(b) has comprehensive sickness insurance cover in Malta for himself and his family members.

(2) The family members of the Union citizen referred to in subarticle (1), even if they are third country nationals, may install themselves with such Union citizen, and for such purposes, they shall be issued with a registration certificate or a residence card, as the case may be, in accordance with the provisions of article 7, subject to the same rights and conditions applicable to the Union citizen, including the right to take up an activity as an employed or self-employed person in Malta.

(3) The Director shall give due and proper consideration to the admission of an other family member of the Union citizen referred to in subarticle (1) as provided for in article 3(7).

(4) Entitlement to a registration certificate by the Union citizen referred to in subarticle (1) shall be evidenced as follows:

(a) with proof that he and his family members and other family members are covered by comprehensive sickness insurance in respect of all risks in Malta;

(b) with proof that he has sufficient resources for himself and his family members and other family members as provided for in this article, to avoid their becoming a burden on the social assistance system in Malta during the period of their residence;

(c) with the production of a valid identification document of the citizen of the Union;

(d) the provisions of article 8(7)(b) relating to the issue of a registration certificate or a residence card, as applicable, shall apply in respect of mutatis mutandis family members and other family members of the Union citizen who may reside in Malta by virtue of subarticle (1).

(5) For the purposes of subarticle (4)(b), the resources referred to in that paragraph shall be deemed sufficient if they are equivalent to the level of resources indicated by the Minister responsible for social policy as being the minimum means which determine the grant of social assistance to Maltese nationals, and taking into account the personal circumstances of the Union citizen referred to in subarticle (1) and, where appropriate, the personal circumstances of accompanying family members. If this criterion cannot be applied, such resources shall be deemed sufficient if they are equivalent to the level of the national minimum social security pension payable by the Government of Malta at the time of application.