S.L. 460.17 Art. 3General provisions.

(1) Subject to the provisions of this Order, a Union citizen may enter, remain and reside in Malta, seek and take up employment or self-employment therein, and shall enjoy equal treatment with Maltese nationals within the scope of the Treaty, and such right shall, subject to what is stated in this Order, be also applicable to other family members accompanying or joining the Union citizen, including those who are not nationals of a Member State, and to the partner with whom the Union citizen has a durable relationship: Provided that the Director may refuse, terminate or withdraw any such right in the case of abuse of rights or fraud: Provided further that the Union citizen shall not be entitled to social assistance during the first three months of residence or, where appropriate, the longer period referred to in subarticle (4) other than workers, self-employed persons, persons who retain such status and members of their families, nor shall he be entitled, prior to acquisition of the right of permanent residence, to maintenance aid for studies, including vocational training, consisting in student grants or student loans to persons.

(2) Subject to limitations justified on grounds of public policy, public security or public health, a Union citizen and his family members accompanying or joining him, may enter and leave Malta simply with a valid identification document in the case of Union citizens and a valid passport in the case of family members who are not nationals of Member States: Provided that, where appropriate, family members who are not nationals of a Member State shall be required to have an entry visa, which shall be issued free of charge as soon as possible and on the basis of an accelerated procedure, unless they are already in possession of a valid residence card, and no entry or exit stamp shall be placed in the passport of such family members in possession of a valid residence card: Provided further that the Principal Immigration Officer shall give every reasonable opportunity to a Union citizen or a family member who is not a national of a Member State and who does not have the necessary travel documents available, to obtain the necessary documents or have them brought to him or to corroborate or prove by other means that he is covered by the provisions of Part II of this Order.

(3) Subject to the provisions of subarticles (1) and (2) and article 4, a Union citizen and his family members accompanying or joining him may reside and move freely within Malta on the same conditions as Maltese nationals for a period of three months without any conditions or any formalities, commencing on the date of entry or such other period as may be prescribed by subarticle (4): Provided that a Union citizen and his family members shall so reside as long as they do not become an unreasonable burden on the social assistance system of Malta.

(4) The period of three months referred to in subarticle (3) is extendable to a six-month period, in the case of a person who is seeking employment.

(5) The Director shall give due and proper consideration in relation to the admission and residence of any other family member and of the partner with whom the Union citizen has a durable relationship, duly attested, by undertaking an extensive examination of the personal circumstances and shall justify any denial of entry or residence to these people.

(6) A Union citizen or a person referred to in subarticle (1), who arrives in Malta and who is not covered by the provisions of article 31 of the Act applicable to places of accommodation for reward shall, within one month of his arrival, report his presence in Malta to the Principal Immigration Officer by reporting at any office designated by the Principal Immigration Officer, and shall be issued with an acknowledgement in writing of such report.

(7) Any person who fails to comply with the provisions of subarticle (1) shall be guilty of an offence and shall be liable, on conviction, to a fine (multa) of two hundred and thirty-two euro and ninety-four cents (€232.94): Provided that if before the person has been found guilty of having committed an offence under this article, 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.