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S.L. 217.7 · Permission To Reside For Victims (S.L. 217.7)

S.L. 217.7 ст. 5Residence permit.

Sub-title VIII Bis of Title VIII of the Criminal Code;

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(1) Without prejudice to any restrictions arising from public policy or public security, the Principal Immigration Officer may, at the end of the reflection period, or earlier if he is of the view that the third country national already fulfils the conditions stipulated in paragraphs (a) to (c), recommend to the Director the issuing of a residence permit for the third country national concerned when it is clear that:

(a) the permission to remain in Malta of the third country national may present an opportunity for the investigations or judicial proceedings;

(b) the third country national intends to co-operate with the Principal Immigration Officer;

(c) the third country national has severed all relations with the persons suspected of committing the offences of trafficking of persons or facilitating illegal immigration: Provided that, when the third country national concerned is a minor, the Principal Immigration Officer shall take due account of his best interests and ensure that the procedure is appropriate to his age and maturity.

(2) The residence period referred to in sub-regulation (1) shall be valid for a period of twelve (12) months which shall be renewed if the conditions mentioned in the said sub-regulation subsist and, in particular, taking into account the best interests of the child in cases where the third country national is a minor.

(3) The provisions of regulation 3(5) shall apply to the third country national concerned, when he does not have the necessary resources, after the issue of the residence permit and for the duration of such permit: Provided that the third country national shall be provided WHO CO-OPERATE WITH THE MALTESE AUTHORITIES

with the necessary medical care or other assistance, when he does not have sufficient resources, and has special needs such as in the case of pregnant women, disabled persons, victims of sexual or other forms of violence, and minors.

(4) The third country national concerned may be granted a work permit for the duration of the residence permit, in accordance with article 11(3) of the Act, and, especially when such third country national is a minor, access to vocational training and education.

(5) Where applicable, the third country national concerned shall be granted access to programmes or schemes, provided by Government, non-governmental organisations or associations having a specific agreement with Government, aimed at the recovery of a normal social life including, where appropriate, courses designed to improve professional skills or preparation of his assisted return to the country of origin.

История изменений
  • Amended by L.N. 220 of 2025