S.L. 217.4 Art. 3General provisions. Cap. 36.

(1) Subject to the provisions of these regulations, a citizen of the Union shall have the right to enter, remain and reside in Malta, seek and take up employment or self-employment therein, and such rights shall, subject to what is stated in these regulations, be also applicable to dependants.

(2) Subject to limitations justified on grounds of public policy, public security or public health, a citizen of the Union shall have the right of entry and exit simply on production of a valid identification document and to move freely within Malta for a period of three months, commencing on the date of entry, or such other period as may be prescribed: Provided that, where he intends to reside for a longer period, he shall apply for and be granted a residence permit as specified in these regulations.

(3) The period of three months referred to in the preceding subregulation is extendable to six months in the case of a person who provides evidence that, subject to the provisions of these regulations, he is genuinely seeking employment and has a genuine prospect of securing employment by the end of the said period of six months.

(4) The Principal Immigration Officer shall not refuse entry into Malta, nor shall he refuse to issue or renew a residence permit or other residence document, or any stamp or visa, as the case may be, to which the persons referred to under this Part are entitled, nor shall he remove such persons, except where such refusal or removal is justified on grounds of public policy, public security or public health.

(5) Where action is taken in accordance with the preceding subregulation, such refusal or removal shall be based exclusively on the personal conduct of the individual concerned, and previous criminal convictions shall not in themselves constitute grounds for the taking of such measures.

(6) Expiry of the identification document used by a citizen of the Union and his dependants to enter Malta and the failure of such persons to obtain a residence permit or a residence document as the case may be, shall not, by itself, justify removal from Malta.

*This Part is revoked with respect to nationals of the EU only. See S.L. 460.17.

(7) When the Principal Immigration Officer refuses entry to or refuses to issue a first residence permit to any citizen of the Union on grounds of public health, reference may only be made to the diseases and disabilities mentioned in any regulation made under articles 44 and, or, 50 of the Prevention of Disease Ordinance. Diseases or disabilities occurring after a first residence permit has been issued shall not, by themselves, justify refusal to renew the residence permit or for removal from Malta.