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S.L. 217.4 · Immigration Regulations (S.L. 217.4)

S.L. 217.4 Art. 7Self-employment, establishment and the provision or receipt of services.

PART II*

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(1) Without prejudice to regulation 3 and subject to any restrictions or conditions as may be imposed by these regulations -

(a) any citizen of the Union may enter Malta to establish himself in Malta in order to pursue activities as a self-employed person, to provide services in Malta, or as recipient of services; and

(b) the dependants shall have the same rights as such a citizen, without prejudice to the requirement that such dependants may be required to have a visa for entry into Malta.

(2) The Principal Immigration Officer shall facilitate the admission of any family member of a citizen as mentioned in subregulation (1), if such family member is economically dependent upon the citizen of the Union, or his spouse, or was sharing the same abode in the country of origin.

(3) The provisions of regulation 4(2) and (3), and in so far as self-employed persons are concerned of regulation 6(1), shall apply. mutatis mutandis

(4) The right of residence for persons providing and receiving services shall be of equal duration with the period during which the services are provided. If the period during which the services are provided exceeds three months a residence permit shall be issued; where the period does not exceed three months, the identification document with which the person concerned entered Malta shall suffice to cover his stay.

(5) A residence document shall be issued to dependants who are not citizens of the Union, and such residence document shall have the same validity as for the citizen of the Union concerned.

(6) An applicant for a residence permit and, or, residence document, being one of the persons mentioned in subregulation (1) shall present -

(a) a valid identification document, and, where a visa is required in accordance with subregulation (1) for a dependant, the visa with which he entered Malta; and

(b) proof that he falls within one of the categories of persons referred to in this regulation.

(7) The provisions of regulation 6(6) to (14) relating to the right to remain permanently in Malta shall apply, mutatis mutandis, in regard to citizens of the Union who have pursued activities as self-employed persons in Malta and their dependants.

(8) No citizen of the Union or his dependant can pursue activities as a self-employed, unless he -

(a) is a self-employed person; bona fide

(b) operates from a registered address and satisfies all other requirements that are normally required of a self-employed Maltese national, including all matters relating to registration and taxation; and

(c) has the ability to support himself and such dependants as may be accompanying him.

(9) The regulations mentioned in regulation 5(8) shall apply to self-employed persons and providers of services.