S.L. 217.17 ст. 4Non-applicability. L.S. 460.17. Cap. 420. S.L. 217.05

These regulations shall not apply to third-country nationals:

(a) who are family members of Union citizens who have exercised, or are exercising, their right to free movement within the Community in conformity with Directive 2004/38/EC of the European Parliament and of the Council of 29 April 2004 on the right of citizens if the Union and their family members to move and reside freely within the territory of the Member States or have exercised their right of free movement in Malta in accordance with the Free Movement of European Union Nationals and their Family Members Order;

(b) family members, whatever their nationality, who enjoy rights of free movement equivalent to those of citizens of the Union under agreements between the Community and the Member States and those of Union citizens;

(c) who are posted for as long as they are posted;

(d) who have applied for admission or have been admitted to Malta to work as intra-corporate transferees;

(e) who have applied for admission or have been admitted to Malta as seasonal workers or au pairs;

(f) who are authorised to reside in a Member State on the basis of temporary protection or have applied for authorization to reside on that basis and are awaiting a decision on their status;

(g) who are beneficiaries of international protection under Council Directive 2004/83/EC of 29 April 2004 on minimum standards for the qualification and status of third-country nationals or stateless persons as refugees or as persons who otherwise need international protection and the content of the protection granted and the International Protection Act and regulations made thereunder, or have applied for international protection under the Directive and under the said International Protection Act and regulations made thereunder and whose application has not yet given rise to a final decision;

(h) who are beneficiaries of protection in accordance with national law or practice, or international obligations, or have applied for protection in accordance with national law or practice, or international obligations, and whose application has not given rise to a final decision;

(i) who enjoy EC long-term resident status in a Member State in accordance with Directive 2003/109/EC and the provisions of the status of Long-term Residents (Third-Country Nationals) Regulations and exercise their right to reside in Malta in order to carry out an economic activity in an employed or self-employed capacity;

(j) whose removal has been suspended for reasons of fact or law;

(k) who have applied for admission or who have been admitted to Malta as self-employed workers;

(l) who have applied for admission or have been admitted as seafarers for employment or work in any capacity on board a ship registered in or sailing under the flag of a Member State.