S.L. 460.17 Art. 8Residence and employment.

(1) Without prejudice to article 3 and subject to any restrictions or conditions as may be imposed by this Order, a Union citizen (hereinafter referred to as "worker") may reside in Malta in order to take up employment.

(2) The Minister responsible for employment may, by Order, restrict the labour market, entirely or partially, for nationals of Member States in line with the arrangements stipulated in the Treaties of Accession to the European Union that may be applicable during a specified period of time.

(3) For the purposes of subarticle (2) in particular, for the monitoring of the labour market by the employment agency, any person who employs a worker shall abide by the provisions of the Manpower Records (Commencement or Termination of

Employment) Regulations, both at time of employment and at time of termination.

(4) The provisions of this Order shall be without prejudice to any restrictions on employment with the Public Service.

(5) Where a Union citizen is a worker pursuing an activity as an employed person in Malta, his family members shall, even if they are third country nationals, be able to install themselves with the worker, 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.

(6) The Director shall give due and proper consideration relating to the admission of an other family member of a Union citizen referred to in subarticle (1) as provided for in article 3(5).

(7) Entitlement to a registration certificate and, or, residence card shall be evidenced as follows:

(a) by the worker:

(i) with the production of a valid identification document with which the citizen of the Union entered Malta; and

(ii) with a confirmation of engagement from the employer or a certificate of employment;

(b) by the family members or other family members:

(i) with a valid identification document if the said members are EEA nationals and a valid passport if they are third country nationals;

(ii) with a document issued by the competent authority of the country of origin or the country from which such family members came, proving their relationship to the worker;

(iii) with a document issued by the competent authority of the country of origin or the country from which the family members came, in the case they are dependent children over twenty-one or are dependent direct relatives in the ascending line, or other family members, testifying that they depend on the worker;

(iv) where applicable, with the registration certificate of the worker;

(v) in the case of other family members only, where the existence of serious health grounds which strictly requires the personal care by the Union citizen, with proof that they are members of the household of the worker;

(vi) in the case of the worker’s partner, with proof of the existence of a durable relationship with the Union citizen.

(8) For the purpose of this Order, a Union citizen shall retain the status of worker if:

(a) he is in duly recorded involuntary unemployment after having been employed for more than one year and has registered as a job seeker with the employment agency; or

(b) he is temporarily unable to work as the result of an illness or accident; or

(c) he is in duly recorded involuntary unemployment after completing a fixed term employment contract of less than a year or after having become involuntarily unemployed during the first twelve months and has registered as a job seeker with the employment agency; or

(d) he embarks on vocational training: Provided that, in relation to paragraph (c), the status of worker shall be retained for no less than six months: Provided further that in relation to paragraph (d), the retention of the status of worker shall require the training to be related to the previous employment unless he is involuntarily unemployed.