For Third-Country Nationals living in Malta, bringing family members to join them is often the next step after securing residence. However, many applicants are not aware that Malta offers two distinct routes for this process: Family Reunification under Subsidiary Legislation 217.06 and the Family Members Policy.
These routes differ significantly in terms of eligibility, income assessment, and permit structure. Choosing the correct pathway from the outset is essential to avoid delays or refusals. Understanding the distinction between these two routes is key.
Family Reunification (S.L. 217.06)
This is the formal legal route and is generally the preferred option where the sponsor meets the required criteria. It is designed for individuals who have established a stable residence in Malta.
To qualify, the sponsor must:
- Hold a valid residence permit
- Have legally and continuously resided in Malta for at least two years
- Demonstrate stable and sufficient income
- Provide suitable accommodation
- Hold comprehensive health insurance for family members
This route is typically limited to core family members, namely spouses and unmarried minor children.
A key limitation under this route is how income is assessed. Only the sponsor’s primary employment income is considered. Additional income streams such as bonuses, allowances, or secondary employment are generally not taken into account. The threshold is higher and more restrictive, requiring income aligned with the average wage in Malta (€21,000-€22,000 gross annually), with an additional 20% per dependent.
Family Members Policy
The Family Members Policy is a discretionary route used where the sponsor does not qualify under the formal regulations. In most cases, the sponsor must have completed at least 12 months of legal residence in Malta before applying.
This route is more flexible in two important ways:
- It may allow consideration of a wider family circle, including dependent adult family members where sufficient evidence is provided
- It allows for a broader assessment of declared income, including rental income, dividends, and other regular earnings, as well as statement of benefits such as children’s allowance and in-work benefit.
In certain cases, more than one sponsor may be considered, particularly where both parents are supporting a dependant. From a financial perspective, the Family Members Policy is based on the median wage in Malta, currently set at approximately €18,940 annually, with an additional 20% required for each family member included in the application (gross annual income).
Eligible Family Members
Under Family Reunification, eligibility is generally limited to spouses, unmarried minor children – including legally adopted children.
Under the Family Members Policy, there is greater flexibility. While spouses and minor children remain the primary categories, dependent adult family members may also be considered, provided there is sufficient evidence of genuine dependency.
In addition, children born in Malta to Third-Country National parents are not processed under the formal Family Reunification framework. Their residence is typically regularised under the Family Members Policy, as this is not considered a reunification scenario. This also represents one of the limited exceptions where an application may be submitted while the dependant is already in Malta.
When to Choose Each Route
The Family Reunification route is generally the stronger option where the sponsor clearly meets the legal requirements, particularly the residence condition (such as holding a two-year work permit or long-term residence) and the higher income threshold. It provides a more structured framework and can lead to more stable residence rights over time, with permits potentially aligned to the sponsor’s duration of stay. It also allows family members, such as spouses, to take up employment in Malta, subject to obtaining a Jobsplus employment licence.
The Family Members Policy is typically the practical alternative where the sponsor does not yet meet the formal criteria but can still demonstrate sufficient resources and a genuine family dependency. This route is more flexible in terms of income assessment, allowing for a broader range of declared income sources. However, permits are issued for one year at a time and are strictly subject to annual renewal, with full reassessment of eligibility each year.
Key Differences
| Criteria | Family Reunification (S.L. 217.06) | Family Members Policy |
|---|---|---|
| Legal Basis | Formal legal framework | Discretionary policy |
| Residence Requirement | Minimum 2 years legal residence | Typically 12 months residence |
| Who Can Apply | Spouse and minor children | Spouse, children, and in some cases dependent adults |
| Income Threshold | Based on average wage + 20% per dependant | Based on median wage + 20% per dependant |
| Income Assessment | Strict – primary employment income only | Flexible – multiple declared income sources accepted |
| Multiple Sponsors | Not allowed | Possible in limited cases (e.g. both parents) |
| Application Location | Must be applied from abroad | Also from abroad (exception for newborns in Malta) |
| Permit Duration | 1 year initially, then may align with sponsor | Strictly 1 year, renewable annually |
| Renewal Process | More stable after first renewal | Full reassessment every year |
| Right to Work (Spouse) | Allowed (subject to Jobsplus licence) | Requires separate permit |
Application Process
Applications are submitted through Identità Malta Expatriates Unit Portal using the relevant forms, depending on the route and whether the application is new or a renewal. Portal can be accessed with e-ID credentials or alternative login, where applicants can register with their passports and email.
Typical Documentation
Applicants should expect to provide:
- Competed Application form: To be downloaded from the portal for the relevant application
- Sponsor’s residence permit
- Civil status documents (marriage or birth certificates)
- Proof of accommodation, including lease documentation, Housing Authority approval, and required attestations
- Architect declaration confirming the suitability of the accommodation
- Evidence of financial means (FS3 and last 6 payslips)
- Health insurance cover, where applicable
- School attendance confirmation for children (yearly)
- Custody documentation where relevant
- Health screening documentation (vaccination records or related inquiries to be submitted via the relevant health authority email)
- Additional documents may be requested depending on the case, such as covering letters, additional proof of income etc.
- Processing and Fees: applications are subject to a fee of €50.
Health screening approval is generally required only once. For renewals, the same approval document should be reattached. The same approach applies to the architect declaration, unless there has been a change of address.
Processing times can vary depending on the complexity of the case. While standard applications are often processed within a few weeks, more complex cases may take longer, particularly if additional documentation is required. Once approved, applicants will be invited to complete biometric procedures and submit original documentation for verification.
Final Note
Selecting the correct route from the outset is critical. While the formal Family Reunification route offers a more structured and potentially more stable outcome, it comes with stricter eligibility requirements. The Family Members Policy, on the other hand, provides flexibility but requires ongoing compliance and annual renewals.
Each application is assessed individually, and careful preparation is essential to ensure a smooth process.
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Disclaimer
This article is provided for general informational purposes only and does not constitute legal or immigration advice. Requirements, financial thresholds, documentation, and procedures may change without notice. Each application is assessed on a case-by-case basis, and approval is not guaranteed, particularly under discretionary policy routes. Applicants should always verify the latest requirements with Identità Malta or seek professional guidance before submitting an application.
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