S.L. 460.17 Art. 7Registration certificates, residence cards, permanent residence certificates and permanent residence cards.

(1) A citizen of the Union and his family members residing in Malta in accordance with article 3(3), shall not be required to be in possession of a registration certificate or a residence card before the expiry of three months from the date of their arrival in Malta.

(2) Upon the expiry of three months from the date of their arrival in Malta, the persons referred to in subarticle (1), who are citizens of the Union, shall apply for a registration certificate to the

Director.

(3) The Director shall issue a registration certificate immediately, stating the name and address of the person registering and the date of the registration.

(4) Upon the expiry of three months from the date of arrival in Malta, family members who are not citizens of the Union referred to in article 7(1) shall apply for a residence card to the Director.

(5) In accordance with article 3(5), the Director may issue a registration certificate or a residence card to an other family member as applicable.

(6) The Director shall issue a residence card to be known as ‘Residence card of a family member of a Union citizen’ or as applicable, no later than six months from the date of application: Provided that a certificate of application for a residence card shall be issued immediately.

(7) The validity of such residence card shall be of five years from the date of issue or for the envisaged period of residence of the Union citizen, if such period is less than five years:

Provided that the validity of the residence card shall not be affected by the absences referred to in article 6(3).

(8) The Director shall issue a citizen of the Union, who is entitled to reside in Malta permanently in accordance with Article 6, with a permanent residence certificate as soon as possible after an application for such a certificate and proof that the citizen of the Union is so entitled has been submitted to the Director.

(9) The Director shall issue a family member, who is a third country national, and who is entitled to reside in Malta permanently under article 6, with a permanent residence card no later than six months after the date on which an application for such a card and proof that the family member is so entitled has been submitted to the Director.

(10) A permanent residence card shall be valid for ten years from the date of issue and shall be renewed automatically by the Director upon application made before the expiry of the said residence card: Provided that the validity of the said residence card shall cease upon interruption of residence in Malta for a period exceeding two years.

(11) Registration certificates, residence cards, permanent registration certificates and permanent residence cards shall be issued free of charge.

(12) Possession of a registration certificate, a certificate confirming permanent residence, a certificate attesting submission of an application for a residence card or for a permanent resident card shall, under no circumstances, be made a pre-condition for the exercise of a right or the completion of an administrative formality under Parts I and II of this Order.

(13) Any member of the Police force may require any person to whom a registration certificate, residence card, permanent registration certificate or permanent residence card has been issued, to produce the said document, which shall be valid, on demand, or if it is not practicable for the person so required to produce it on demand, not later than twenty-four hours after the demand and, failure to do so shall constitute an offence against the provisions of this Order and persons failing to do so shall be liable to a fine (multa) not exceeding two hundred and thirty-two euro and ninety-four cents (€232.94) and, in the case of a continuing offence, to a fine (multa) not exceeding eleven euro and sixty-five cents (€11.65) for each day during which the offence continues:

Provided that, if before the person is found guilty of having committed an offence in terms of this Order, such person pays to the Commissioner of Police, an administrative penalty of between twenty-three euro and twenty-nine cents (€23.29) and two hundred and thirty-two euro and ninety-four cents (€232.94), as may be determined by the Commissioner of Police, no proceedings in respect of any criminal offence committed in violation of this article shall be commenced or continued.

(14) When issuing a registration certificate or a residence card as provided for under this article, in order to ascertain whether the person concerned represents a danger for public policy or public security as provided for in article 14, the Director may, should he consider this essential but not as a matter of routine, request the Member State of origin or other Member States to provide information concerning any previous police record such person may have:

Provided that, if a Member State makes such a request for information concerning any previous Police record of a Union national, family member or other family member, to the competent authorities in Malta, such information shall be transmitted to the requesting Member State within two months.

(15) The provisions of this Order shall be without prejudice to the provisions of any law regulating the acquisition of property in Malta by non-Maltese nationals and a registration certificate or residence card shall not, by itself, entitle the holder to acquire or hold property in Malta over and above what is regulated by the Immovable Property (Acquisition by Non-Residents) Act.