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S.L. 460.17 · Free Movement Of European Union (S.L. 460.17)

S.L. 460.17 ст. 2Definitions.

ДействуетОфициальный текст

For the purposes of this Order, unless the context otherwise requires -

"the Act" means the Immigration Act;

"the Board" means the Immigration Appeals Board constituted by article 25A of the Act; "the Director" means the Director for Citizenship and Expatriate Affairs; "family member" means:

(a) the spouse, provided it does not include a party to a marriage of convenience;

(b) the direct descendants who are under the age of twenty-one or are dependants, and those of the spouse;

(c) the dependent direct relatives in the ascending line and those of the spouse;

"other family member" means:

(a) a person who, irrespective of his nationality, in the country from which he has come, is a dependant or a member of the household of the Union citizen having the primary right of residence, or

(b) a person who, for serious health reasons, strictly requires personal care by the Union citizen; "employment agency" means the public agency on employment service set up in terms of the Employment Agencies Regulations; "exclusion from Malta" means a restriction on the right of entry or residence or a removal order which has been enforced; "identification document" includes a valid passport, identification card, travel document or other appropriate document as the Minister may, by notice in the Gazette, designate as such for the purposes of this Order; "licence" means such employment licence as may be required for the holder to engage as an employed person or to carry out some other economic activity in Malta; "Maltese national" means any person deemed to be a citizen of Malta by virtue of the Constitution of Malta and any other law as may be in force;

"Member State" means a Member State of the European Union (other than Malta) and a state of the European Economic Area:

Provided that a State of the European Economic Area means Norway, Iceland and Liechtenstein;

"the Minister" means the Minister responsible for immigration; "permanent residence certificate" means a certificate issued to a Union citizen in accordance with article 7 as proof of the holder’s right of permanent residence in Malta as at the date of issue;

"permanent residence card" means a card issued to a family member who is a third country national, in accordance with article 7, as proof of the holder’s right of permanent residence in Malta as at the date of issue; "Principal Immigration Officer" means the person appointed to such office by the Prime Minister under article 3 of the Act and includes, within the limits of any authority granted by the Principal Immigration Officer under article 3(3), any public officer acting under such authority; "registration certificate" means a certificate issued to a Union citizen in accordance with article 7 as proof of the holder’s right of residence in Malta as at the date of issue;

"residence card" means a card issued to a family member or other family member who is a third country national in accordance with article 7 as proof of the holder’s right of residence in Malta as at the date of issue; "third country" means any State which is not a Member State; "third country national" means a person who is not a Union citizen; "travel document" means such document as entitles the holder to cross a border crossing point; "Treaty" means the Treaty on the Functioning of the European Union; "uniform residence permit" means a permit issued under article 4A of the Act and in particular means an authorisation of any type giving the right of residence within the territory of Malta to a third country national who is not a family member or an other family member of a Union citizen. This definition shall not include temporary permission for residence in Malta for the purpose of the processing of an application for asylum or an application for a uniform residence permit or a family member or an other family member of a Union citizen who is not exercising a Treaty right in Malta;

"Union citizen", for the purposes of this Order, means any person having the nationality of a Member State but does not include Maltese nationals; "visa" means an authorisation issued in terms of article 8 of the Act for the purpose of this Order; "worker" means a worker within the meaning of Article 45 of the Treaty on the Functioning of the European Union.

История изменений
  • Amended by L.N. 107 of 2012