Families coming together in Malta: Understanding the Two Available Pathways

Author: Sharon Sammut

For many third-country nationals living in Malta, bringing family members to join them is an important step towards long-term settlement. Understanding Malta’s family reunification routes can help families navigate the process more effectively, particularly as different pathways carry different eligibility requirements, employment rights, and legal considerations.

Family Reunification under Subsidiary Legislation 217.06 (Malta Legal Route)

The first route is Family Reunification under Subsidiary Legislation 217.06, which is the formal legal framework governing family reunification in Malta. This route provides stronger legal certainty but applies stricter eligibility criteria for third-country nationals holding a Maltese residence permit issued by Identità Malta.

To qualify under this legal route, the sponsor must generally have held a valid residence permit, have been legally resident in Malta for at least two continuous years, demonstrate stable and regular income equivalent to at least the average wage in Malta, increased by an additional twenty percent for each dependent family member included in the application, including family members already residing in Malta as dependants, provide adequate accommodation, and hold comprehensive health insurance coverage for dependants. This makes it one of the more structured Malta immigration pathways for family members.

Under S.L. 217.06, family reunification is generally limited to the core family unit. This includes legally married spouses and unmarried minor children under the age of eighteen, including legally adopted children recognised under Maltese law. Other relatives such as parents, siblings, and adult children are typically not eligible under this framework.

Income, Accommodation and Health Insurance Requirements

A key element of this route is the financial assessment carried out by Identità Malta. Only the sponsor’s basic gross salary from primary employment is taken into consideration, meaning that overtime, bonuses, allowances, and secondary income are generally excluded from the assessment.

Applicants are also required to demonstrate suitable accommodation in Malta through a registered lease agreement, Housing Authority approval, and an architect’s attestation confirming compliance with health and safety standards. In addition, comprehensive health insurance with a minimum coverage of €100,000 is required. Family members are required to remain outside Malta during the application process. It is also important to note that for family members to later obtain employment rights under this route, the sponsor must have already completed two years of legal residence in Malta at the time of application while the family members were still abroad.

Once the family members are in Malta, employment rights are not immediate. They are granted only after twelve months of residence in Malta. After this period, family members may apply for employment authorisation in line with the applicable labour procedures.

Residence permits under this route are issued initially for one year and subsequent renewals are aligned with the sponsor’s residence status. Importantly, no family member under this framework can be granted a residence permit longer than that of the sponsor.

Family Members Policy: A More Flexible Route

The second route is the Family Members Policy, which is a discretionary immigration policy introduced by the Maltese authorities. Unlike S.L. 217.06, this route is not a legal entitlement but rather a policy-based framework that allows more flexibility in family reunification cases.

The Malta family reunification policy may apply to applicants who do not fully meet the stricter requirements of the legal route but still demonstrate a genuine family dependency situation. It is assessed on a case-by-case basis and provides more flexibility in certain immigration scenarios.

Under this policy, the sponsor is generally required to have legally resided in Malta for at least twelve months and to demonstrate stable financial means and suitable accommodation. Compared to the legal route, income assessment may also consider net income rather than only base gross salary, allowing a broader evaluation of financial capacity.

In exceptional cases, dependent parents or financially dependent adult children may also be considered, provided that sufficient evidence of dependency is submitted.

Family members under this policy does not automatically obtain employment rights upon arrival in Malta. If the family member  wishes to work, they are required to switch to a Single Work Permit and secure employment with a Maltese employer before they can commence work. Until this process is completed, employment is not permitted.

Residence permits under the Family Members Policy are generally issued for one year at a time. Renewal is subject to continued eligibility, and no family member can hold a residence permit that exceeds the validity of the sponsor’s permit.

KEI and SEI Permit Holders (Accelerated Malta Immigration Route)

Holders of KEI or SEI permits may benefit from an accelerated application process for family reunification in Malta. Where the required salary thresholds are met, the standard one-year waiting period of authorised residence may be waived as an exception, subject to proof of stable financial resources.

This exception is only considered where the sponsor demonstrates stable resources equivalent to or exceeding €50,000 gross annual income covering the sponsor and one dependant, with an additional €6,000 gross annual income required for each additional dependant.

Applicants are still required to provide supporting documentation including proof of income, accommodation arrangements, health insurance coverage, and school enrolment confirmation where applicable for dependent children.

Family Reunification EU Blue Card Holders in Malta

Different rules apply to family members of sponsors holding an EU Blue Card in Malta. Under Legal Notice 303 of 2023, which transposes the EU Blue Card framework into Maltese legislation, family members benefit from broader employment rights compared to standard family reunification routes.

In terms of Regulation 14(6) of Subsidiary Legislation 217.27, no waiting period applies in respect of access to the Maltese labour market for family members of EU Blue Card holders. Furthermore, Regulation 14(7) provides that family members are entitled to access employment as well as self-employed activity in Malta.

This represents an important distinction from the standard Family Reunification Regulations and the Family Members Policy, where employment access is generally restricted or delayed. For many highly skilled third-country nationals relocating to Malta under the EU Blue Card framework, these provisions provide significantly greater flexibility for accompanying family members seeking to integrate into the Maltese labour market.

Final Thoughts on Malta Family Reunification

Family reunification is often a significant milestone for third-country nationals relocating to Malta, as it represents the point at which relocation becomes long-term settlement. However, understanding the differences between the available family reunification routes is essential, as eligibility requirements, employment rights, and long-term legal certainty may vary significantly depending on the applicable framework.

The legal framework under Subsidiary Legislation 217.06 offers stronger legal certainty but applies stricter eligibility requirements, while the Family Members Policy provides greater flexibility but remains discretionary and case dependent. Understanding the difference between these Malta immigration pathways can significantly improve the likelihood of a smooth and successful application process.