S.L. 217.4 ст. 6Employment and special circumstances.

(1) Where, in terms of these regulations, a residence permit is issued for the purpose of work, such residence permit may not be withdrawn solely on the grounds that the worker is no longer in employment, either because he is temporarily incapable of work as a result of illness or accident or due to his being involuntarily unemployed, this being duly confirmed by the employment agency: Provided that, if he has been involuntarily unemployed for more than twelve consecutive months at the first renewal date, the subsequent period of residence may be restricted to a period of less than five years but more than twelve months on the advice of the employment agency.

(2) A citizen of the Union who enters Malta to take up employment for a period of between three and twelve months and is so employed by an employer in Malta or is in the employ of a person lawfully providing services in Malta, shall be entitled to apply for a residence permit the validity of which shall be limited to the expected period of employment.

(3) A residence permit shall likewise be issued to a seasonal worker employed for a period of more than three months for the expected duration of the seasonal work. The period of employment shall be shown in the licence.

(4) A citizen of the Union who enters Malta to take up employment for three months or less, whether seasonal or otherwise, shall not be entitled to a residence permit but may stay in Malta for the duration of the work period on the basis of a licence.

(5) Subject to the provisions of regulation 3, completion of the formalities for obtaining a residence permit shall not hinder the immediate commencement of employment under a contract lawfully concluded by applicants having the right to take up employment in Malta provided that they are in possession of a licence.

(6) Subject to the provisions of this regulation, a citizen of the Union who has worked in Malta as an employed person as envisaged in regulations 4 and 5, shall have the right to remain permanently in Malta if -

(a) at the time of termination of his employment he has reached retirement age, has been employed for at least twelve months before that date and has resided continuously in Malta for more than three years; or

(b) he ceases to work as an employed person as a result of permanent incapacity to work, having resided in Malta continuously for more than two years, provided that the required minimum residence period shall not apply if such incapacity is the result of an accident at work or an occupational disease entitling him to a pension for which an institution or body in Malta is wholly or partially responsible; or

(c) having ceased to work as an employed person after three years continuous employment and residence in Malta, he works as an employed person in another Member State while retaining his residence in Malta, to which he returns, at least once a week.

(7) Periods of employment completed in the circumstances of subregulation (6)(c) in another Member State shall be considered as having been completed in Malta for the purposes of entitlement to the rights referred to in subregulation (6)(a) and (b).

(8) The conditions as to length of residence and employment laid down in subregulation (6)(a) and the condition as to length of residence laid down in subregulation (6)(b), shall not apply if the spouse of any such person is a citizen of Malta or has lost Maltese citizenship by reason of marriage to him.

(9) Periods of involuntary unemployment, duly recorded by the employment agency and absences due to illness or accident shall be considered as periods of employment within the meaning of subregulation (6).

(10) Dependants of the person referred to in subregulation (6) and who are residing with him in Malta shall also be entitled to remain in Malta permanently if such person has acquired the right to remain in Malta in accordance with the provisions of this regulation and the rights of such dependants shall subsist even after such person’s death: Provided that if such person dies while in employment before having acquired the right to remain permanently in Malta, the dependants shall be entitled to remain permanently in Malta provided either -

(i) that such person had, on the date of his death, resided continuously in Malta for at least two years; or

(ii) that his death resulted from an accident at work or an occupational disease; or

(iii) that the surviving spouse is a citizen of Malta or lost Maltese citizenship only by reason of marriage to such person.

(11) Such persons who by virtue of this regulation have the right to remain permanently in Malta shall be entitled to a residence permit and, or, a residence document valid for five years which permit and, or, document shall be automatically renewable. Periods of non-residence not exceeding six consecutive months shall not affect the validity of the residence permit and, or, residence document.

(12) The right to remain permanently in Malta as referred to in subregulation (6)(a) and (b) and in subregulation (10) may be exercised at any time within two years from the time when the person entitled to this right becomes so entitled. During such period the person entitled may leave Malta without prejudicing such right.

(13) Continuity of residence as provided for in subregulation (6) and in the proviso to subregulation (10) may be attested by the residence permit and, or, residence document issued in terms of subregulation (11). It shall not be affected by temporary absences not exceeding a total of three months per year, nor by longer absences due to compliance with obligations of military service.

(14) The Principal Immigration Officer shall facilitate the readmission into Malta of workers who have left Malta after having been employed and having resided in Malta for a long period and who wish to return to Malta after having retired or become permanently incapacitated for work.