38 comments so far.e-Card “for non-Maltese EU citizens is illegal under EU law”
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Readers Letter – “With reference to the readers letter regarding applications for the e-Residence Card, as regards non-Maltese EU citizens, the ‘e-Residence Card’ is a hybrid document incorporating an identity card and a Registration Certificate.
The implementation of the ‘e-Residence Card’ scheme in respect of non-Maltese EU citizens is illegal under EU law on at least two counts:
Firstly, it is illegal to require a non-Maltese EU citizen who has previously registered with the authorities and holds a Registration Certificate to re-apply for a Registration Certificate – even if the ‘e-Residence Card’ incorporates an identity card component.
Secondly, the customary failure by the Maltese authorities to provide non-Maltese EU applicants with an ‘e-Residence Card’ immediately – that is, upon presentation of the required documents on their first and only personal visit to the Department for Citizenship and Expatriate Affairs – constitutes a violation of European Union law.
In the event of a conflict between national and European Union law, the latter prevails.
I should stress that in respect of Gozo-based non-Maltese EU citizens, I was categorical in my submission of 19th October, 2012, to the European Commission Directorate General Justice, as follows:
‘…………..The Department of Citizenship and Expatriate Affairs – which issues Registration Certificates to non-Maltese EU citizens – customarily violates EU law by requiring non-Maltese EU applicants to personally attend their Valletta office at least twice – illegalities exhaustively detailed in Complaint no: CHAP (2011) 00735 concerning the discriminatory two-tier water and electricity consumption tariff scheme – currently pending before your Unit.
In this regard, the Commission will be aware of Article 8 – Administrative formalities for Union citizens – Directive 2004/38/EC which stipulates:
‘….2. The deadline for registration may not be less than three months from the date of arrival. A registration certificate shall be issued immediately …’ (5)
The practical consequences for a non-Maltese EU applicant who is resident on the sister island – Gozo – is a 5 hour round trip each and every time he/she is required to personally attend the Department of Citizenship and Expatriate Affairs laden with all manner of official documentation. ……..
(5) Please see page 19:
http://eur-lex.europa.eu/LexUriServ/LexUriServ.do?uri=OJ:L:2004:158:0077:0123:en:PDF
Extract ends.
Moreover, the following internet link discloses that the legality of the Identity Card and other Identity Documents Act Order 2012 – from which the recently introduced ‘e-Residence Card’ derives – is already under EU institutional scrutiny:
In conclusion, I can confirm that as of Friday, 21st December, 2012, the Maltese authorities had still not formally notified the European Commission of the Identity Card and other Identity Documents Act Order 2012.
Should non-Maltese EU citizens experience or perceive any instances of institutional discrimination, I recommend they file a petition with the European Parliament Committee on Petitions online:
https://www.secure.europarl.europa.eu/aboutparliament/en/petition.html“
Oisin Jones-Dillon
Its also strange that we the non Maltese EU citizens are being used as a scapegoat and guinea pig for this new system that they woulldnt have got off the ground if it were not for EU money – our money – 8million euros of our cash that was initially refused for a renewal system so more clouds smoke and mirrors used to get it by saying its a biometric system and a move forward,,,yet non of it was OK’d by the populace and if it came down to it – it woud not be passed but thrown out the wndow just like the one in the UK…..yet we are the ones made to go at least twice to Vallette to apply and colllect after a await of 8-12 weeks – again illegal….
Ah but all very well,! What about anybody that does not have a Residence Permit or certificate, just an ID card and have resided in Malta for a number of years have they been breaking the law?
yes – anyone who lives in Malta for more than three months has to have a residency document, as well as a Maltese ID card. These two are now being combined into one.
EU law permits a member state to ask any EU foreigner, who stays in their country for more than three months, to register their residency. A member state is permitted to issue a residence document, but isn’t forced to. An EU citizen has a legal right to live in any EU country, but only if they can prove they won’t be a financial burden, hence why proof of health cover and minimum income or capital levels can be demanded. For more information, please see
EU citizen moving to Malta Q&A
http://britishexpat.com/expatforum/malta/viewtopic.php?t=8544
covers
1. An EU citizens legal rights – residency, working, students
2. what sort of residency is available ?
3. what do I need to apply for if I want to reside in Malta ?
4. do I need to apply for residency before coming to live in Malta ?
5. do I need an accountant to apply for residency ?
6. do I need health insurance ?
6.1 Do I qualify for public health cover, and if I do, what cover do I have ? Are prescriptions free ?
7. can I work in Malta ?
7.1 How much is income tax ?
7.2 How much are social security contributions ?
8. where do I apply for my residency certificate ?
9. where can I get the residency application forms ?
10. where do I apply for my ID card ? – EDIT no longer applicable as ID cards no longer issued to foreigners
11. what documents do I need to apply for residency ?
12. can I vote in Malta ?
13.1 buying a property FAQ
13.2 selling a property FAQ
14. renting a property FAQ
15. Importing a vehicle FAQ
16. What’s the procedure for importing/exporting a pet ?
17. Can I use my driving licence in Malta ?
17.1 Applying for driving licence
18. Long term residency certificate
19. EHIC
thats
“yes – every foreigner not married to a Maltese citizen…”
not
“yes – anyone….”
‘…..The right to reside in another EU country is your fundamental and personal right and is granted to you directly by the Treaty on the Functioning of the European Union.
The right is therefore not dependent upon you having fulfilled administrative procedures.
This basically means that once you meet the conditions, you have the right to reside from that moment and your right is not granted to you by a decision of the host EU country.
The documents you or your family members might be issued with by the host EU country merely acknowledge that you have the right…..’
Source: Page 17 of Freedom to move and live in Europe: A Guide to your rights as an EU citizen, published by the Directorate-General Justice European Commission:
http://ec.europa.eu/justice/policies/citizenship/docs/guide_free_movement_low.pdf
Oisin Jones-Dillon
Absolutely Oisin – I don’t think there is any conflict between your post and mine
For an EU citizen (and their family members), the right to reside in another country is only conditional on fulfilling the “not being a burden on the state” requirement. Applying for a residency document is, as you say, an “administrative procedure” but nonetheless required by law. Non compliance is punishable, but only to the level a citizen of that country would suffer for non compliance with a similar document issued to locals. In the case of Malta I presume that would be the penalty for a local not applying for an ID card.
I have a real problem with people screaming the EU regs at me. More of an issue to me is the way in which the information about the applications has been handled.
Without Marks information on it, I would NOT have known. In my turn I have shared the information with friends.
My Maltese friends know nothing of these procedures, and are incredulous that we have to travel to Valletta to comply.
My call would be for places like the British Embassy to be contacting ALL residents registered with them – – – telling them about the new cards. I worry for those that have no computer,and who do not buy a local newspaper. There are a lot of those around believe me.
The method of application by appointment and in person only, and a emailing for that appointment is also an issue.
Very true Janet, I totally agree with you whats the point of saying it should be this and that, it has to be done so get on with it, there is also a residents association on Gozo, who have kept there British members up to date with procedings, All your points have been or are being taken up with people concerned, If you want more details email me on liwtep@hotmail.com.
I am aware of the BRA thanks. Not interested.
I dont think you, or anyone else, knows what this means to people over 70, with no computer. How do you get appointment in that case? I have friends turned up in Valletta, to be turned away by rude and arrogant staff that could not care less.
Janet are you going to answer the letter on The Times of Malta that Dr. Mariella grech wrote?
Yes I have answered,, and written to her direct
I have Tony – – – as far as I am cocerned, I have the paperwork, and I have asked for an appointment in the manner subscribed by the department. If they dont provide and appointment, theres not much I can do. The ball, as they say, is in their court.
No problem, I was only offering to help, if you needed any. As a matter of interest we have taken up the point regarding person who do not have computers, and the BRA Gozo Group is helping them. Most of us now a days are over 70, and we help each other,
So you think your net is wide enough?The EU nationals that live here are not all British, not all over 70, not all retired, not all computer literate. This is a government issue, it should not be the job of organisations like yours to be responsible.
The government KNOW who some of us are, and should contact us accordingly to let us know that the goal posts have moved.
Imagine if the British government decided that all EU nationalsin the UK had to attend an office in LONDON by appointment only – – obtained thru email, and had to do so within 3 months. It would be the same chaos as it is here. The government is at fault, and needs to admit they made a mistake, and organisations like yours should be telling them this and stop making excuses for them.
couldt agree more Janet
I think everybody is missing the point, with regards to Mr Oisin Jones-Dillon original letter. Doesnt he say its illegal? So if he is correct we should do nothing, and wait for the authorties to come and find us. What will they do. well they can lock you up, then you get free accomodation, 3 meals a day, Colour TV with all programes, free health care, free dental care, free nail care, free foot care, hair cuts, free laundry, an allowance, you can play indoor sports, and get a walk out side ever day, access to the internet and lots of free time Or they can deport you so that ‘s a free flight back to your country of orgin, who will have to proved accommodation, and benefits. So why worry !!! 😉
And what about those residents who are not registered with the British Embassy and why should they be and more to the point why would you assume that they would be or should be. There is no requirement to be is there?
It is wrong, I agree that the authority should have written to everyone on their id card listing and advised them of the NEW requirements…however I do believe that those with the residency certificate already only need to have it exchanged for the new one – simple really.
The whole situation has been very badly handled. It would have been much easier had the local councils been involved, they surely have all the information regarding foreign residents residing in their village/town. For example, my local council had no idea what I was even talking about when I approached them.
Mark, you have done a sterling job, thank you!
Hi Jane very vaild points you made, and I sugest that you people write directly to the minister in Charge Francis Zammit Dimech and complain to him direct at
http://www.franciszammitdimech.com/get-in-touch
I just sent this whole page to the minister so that he will know your feelings and invite him to answer, let’s hope
Tony, I have not lived here as long as some people. But even after almost 5 yeasr, I am accustomed to not even being listened to by “people in power”. I would not expect there to be a reply from any minister – – no-one cares, it seems, except those these things are happening to.
You are right of course, I am not counting on a reply but he will soon come and knock on my door for the vote then the proverbial will hit the fan
If we all fill details in on government forms,why can we not be sent information via the data base? Or are we still working form a paper trail?
“paper trail” — thats far to adavnced
I have emailed and requested an appointment, but have not had any sort of reply. The whole thing is an utter shambles, and many non-Maltese EU citizens living and working in Gozo will have to take leave from work (2 days either paid or unpaid due to the 5-hour round trip x 2), in order to “comply” with this. Are the government going to compensate working non-Maltese EU citizens for their loss of earnings? Maltese citizens won’t have to suffer any loss of earnings due to this; it adds up to discrimination.
Hilary, we’ve lived on the island for the past 3 years and believe me we have now had enough of all the red tape, the above renewal of our id has gone over the top and decided to return ours and head back to either the UK or to a better more advance country that is not so much of a pain in the ass (excuse my language). so its goodbye Gozo, pity cause the people are really helpful, BUT<<<< their ministers and present government are in tatters and we the retired expats is the last thing we need, we came here in good fate and peace and quiet but unfortunatly we are getting the opposite.
Hilary i somehow think that the effect of extra unnecessary work we expats have to go through is going to have the opposite effect on us, instead of bettering the local economy i have a gut feeling that most will just call it a day and leave the islands altogether, and i can see that coming. Why do things twice i ask, we’ve already given our private details what more do the government want BLOOD?
https://gozo.news/27262/immigrants-involved-in-scuffles-outside-citizenship-offices/
http://www.timesofmalta.com/articles/view/20130125/local/scuffles-as-immigrants-try-to-jump-the-queue.454753
Do you really think that my wife and I, both old age pensioners are going to have a 5 hour round trip to Valletta to face this???
Dr Mariella Grech please organise your department and stop quoting R&R at us. Till March is not enough time ….. oh I forgot you do not know how rough the crossing of Gozo Channel is right now.
Seems like the reason for all this to happen so quickly is down to money. Screwing the EU for €16M, but this procedure must be done. Have you seen the times today? No one from government has contacted us, no-one has bothered to update us.
Now no one is emailing.
As far as we are concerned, we have completed the forms as requested. We have copied the documents as requested. We have applied for an appointment as requested. All the government need to do now is meet their side of the agreement. I will not be asking again for an appointment.
Sod them all.
an now they close the offices for three days…but hey ho – theyre extending the hours for a couple of days to make up – well deep joy.
DAVID!! People are going to red this and be misinformed. It is 2 ID offices they are closing – – which does not affect the Citizenship offices. Be careful what you write!
apologies for my misunderstanding – its still a pity though as if they had been open on Gozo and used for the residency thing then it would have saved a lof of trouble – sorry
As for the BRA advising residents to clarify matters – is this the same BRA that when approached about the dual utility tarffs problems – said and I quote “As far as I am aware there is no problem with the water and electricity rates or any discrimination against EU citizens. I have no problem personally. I also have a flat which I have had rented to a succession of EU citizens over the years all of whom were (are) given the same rates as Maltese including the ECO discount”….. (I’m alright Jack then!)
and
“I think it is all to do with whether you register your presence on the Island correctly and correctly submit the forms to Enemalta/ARMS…..” ( the correct forms – we have rights lets not forget those)
Correct in terms of the imposed conditions,but to say “As far as I am aware there is no problem with the water and electricity rates or any discrimination against EU citizens” well to me thats just a disgrace and conjures the picture of the proverbial ostrich and sand.. Further I polled with the help of a BRA member at the st pauls meeting 60 members and 40 of them signed a petition agreeng there was a problem,,and they wanted to do somethign about it…..
Now come on BRA own up….so theres no problem??? this has been going on for far too long……..maybe your leader should hand his award back for services to british residents in Malta. FAIL..
why is it all of a sudden the BRA have been so quiet on this matter and all of a sudden they now start to speak.?
I retire in 2years time. Have apartment in gozo for past 6years, me and my wife have current resident card, hoping to live there should we be worried. Or isit best to stay put.
do you mean resident card or ID card ?
Hi I am married to eu nation and I am not eu nation.i am living in Malta since 3 year .my married 3 year . After how long I can apply for cizitienship? Thanks
May a non-eu national having a residence permit in Malta travel abroad without partner please?
Andy – – if you have a passport, I see no reason why not.