S.L. 460.17 · Free Movement Of European Union (S.L. 460.17)
S.L. 460.17 Art. 5Family members who have retained the right of residence. Cap. 255.
PART II
(1) The death of the Union citizen, his departure from
Malta, his divorce recognised under the Marriage Act, or annulment of his marriage shall not affect the rights of residence of his family members who are nationals of a Member State.
(2) The death of the citizen of the Union shall not affect the right of residence of his family members who are third country nationals and who have been residing in Malta as family members for at least one year before the Union citizen’s death.
(3) The divorce or the annulment of the marriage of the Union citizen shall not affect the rights of residence of his family members who are third country nationals where:
(a) the marriage had lasted for at least three years immediately before the initiation of proceedings for its termination and the parties to the marriage had resided in Malta for at least one year during the duration of the marriage; or
(b) by agreement between the spouses or following a court order, the former spouse has custody of the Union citizen’s children; or
(c) the continued right of residence in Malta is warranted by particularly difficult circumstances, including having been victims of domestic violence while the marriage was subsisting; or
(d) by agreement between the spouses or following a court order, the former spouse who is not a national of a Member State has the right of access to a minor child provided that the court has ruled that such access must be in Malta, for as long as is required.
(4) The death of the Union citizen or his departure from Malta shall not affect the right of residence of his children or of the parent who has actual custody of the children irrespective of nationality, if the children reside in Malta and are enrolled at an educational establishment for the purposes of studying, until the completion of their studies.
(5) The third country nationals referred to in subarticles (2), (3) and (4) shall retain their right of residence exclusively on a personal basis.