New test for Third-country nationals applying for long-term residency

As of 1. August 2010 Legal Notice 370/2010 will apply to new applications for long-term residency of Third-Country Nationals.

This means that in the last 12 months immediatly prior to the application the applicant has to attend a course organized by the public employment service ( ETC?) or any other competent authority of at least !!!! 100 hours having as its subject the social,economic,cultural and democratic history and environment of Malta.

a) You have to provide evidence certifying satisfactory (?) attention and an examination pass mark of at least 75 %
b)Plus a pass mark of at least 75 % in the Malta Qualifications Framework Level 2 in either Maltese or English.
c) Have paid all course and examination fees.

I wonder if my English is good enough to pass ? The required level equates to a Secondary Education Level in English.

Anybody with further information please pass on the information.

Ricky

We had to take the same thing in Norway. It was quite intelligence insulting but somewhat hilarious

SO, HERE IS THE THING,MY BROTHER IS UKRAINIAN, IM MARRIED HERE TO MALTESE HAVE 2 KIDS.HE HAVE BEEN WORKING HERE IN CONSTRACTION FOR 4 YEARS, WITH WORKING PERMIT AND ALL THE THINGS.NEXT APRIL HIS CONTRACT WILL BE OVER,AND AS FAR AS WE KNOW,(NOT FOR SURE YET)HE WILL HAVE TO GO OUT OF THE COUNTRY FOR 6 MONTHS OR SO.THE COMPANY,HE IS WORKING FOR GIVING FREE COURSES.IF HE GOES WILL IT HELP HIM TO OPEN THE 5TH CONTRACT7

Hi,

It does seem that your brother will be affected as he probably had a work permit for one year and 3 yearly renewals.According to the new guidelines a 4 th renewal will be declined but you never know.So I would have his company apply for a 4 th renewal unless they are told that it will be declined anyway.To apply for a work permit you have to have a work contract so that would be the answer to your question.So it depends on the info his company get from the ETC.

That you are married to a Maltese citizen will not help your brother stay.

He will have to leave Malta and wait until his construction company applies for a new work permit for him under consideration of the labour market situation.Some companies might have sufficient influence to make it easier.

I wish your brother luck that he might not have to leave.Please keep us updated about the way the case is treated.

Ricky

THANKS

ricky wrote:

b)Plus a pass mark of at least 75 % in the Malta Qualifications Framework Level 2 in either Maltese or English.


so what do they intend to do with native english speakers, get everyone doing the course again?

or do we go for maltese, Mela, things are going crazy :)

Hi Eagle,

I'm not sure how many third-country nationals qualify to apply for long term residency after 5 years stay in Malta anyway due to the fact that work permits are not renewed more than 3 times.The consequence of this is that many will have to leave Malta after 4 years and that is intended.

For those that do qualify(spouses/family members of EU citizens and a few others) being a native English speaker is certainly of advantage.I presume that most applicants will opt to take the language test in English and not Maltese.

But,using one of your favourite phrases,to be honest, there are similar plans in Germany to 'force'immigrants who are intending to stay in Germany to learn German .So it is not only Malta introducing these schemes.

I will follow the story especially on the introduction of the Malta course and test questions.

Ricky

I can understand what driving force behind it was, but LN 370/2010 is screaming against human rights… the entire section 3:

TCC (third country citizen) is supposed to have regular resources without using assistance of social security… Mela in that case TCC should be relieved of paying contribution for social security. Not that I need any assistance, but it is simply not fair asking for contribution and not granting right to use resources of the same.

TCC cannot share accommodation. Particularly not with persons who are not “regarded as normal for a comparable family in Malta” … and that doesn't go against previously published acts of non discrimination of gay persons, or other who simply prefer to share apartment not solely for economical reasons. Do they even read their own acts.

In order to pass course about Malta and Maltese or English. TCC needs to
(c) provides evidence that the necessary fees charged in relation to the courses, examinations and certificates referred to above have been paid.

The course and examination should be organised and subsidised by government if it has to be done in controlled manner… as it is in all civilised countries.

Am I right...or am I right :)?

ricky wrote:

For those that do qualify(spouses/family members of EU citizens and a few others)


mmm...I presumed a 3rd country citizen married to an EU citizen would be exempt as they are legally a dependent of the EU citizen - I wonder which is correct ?

Hi George,

Good point ! You are probably right.That will make it easier for my partner .She is an English language teacher and TCN and will be sad not being allowed to take the test.-)))

So I wonder how many TCN's will even be able to stay on the island for 5 years to even qualify to take the test.

Greetings to Gozo

Ricky

I've emailed my accountant to confirm.

"That will make it easier for my partner " - by partner, I presume you mean wife as I guess non-married partners (opposite or same sex) wouldn't be covere.

"So I wonder how many TCN's will even be able to stay on the island for 5 years to even qualify to take the test."

The first category that springs to mind are those who don't have a work permit, but are living here on self sufficiency permits. Also students.

Hi George,

We are not married but she has been granted all permits and residency as a ' family member of an EU citizen'.So I think she will have to miss the test but you never know in Malta.Otherwise she will be very happy to test the testers on their English and say 'tainx' to them for the honour-)))

Yes, the self-sufficient might be the only category to qualify.Students for 5 years? I'm not sure about that - maybe a few.

Work permit holders. Unlikely according to the new guidelines.

Regards

Ricky

"We are not married but she has been granted all permits and residency as a ' family member of an EU citizen'."
Excellent to hear - I had no idea Malta was so modern (or perhaps forced to do so under EU law ?)

"Work permit holders. Unlikely according to the new guidelines."

how about someone who has a work permit for 4 years, and then stops work and takes either a student permit or a self sufficiency permit to get them over the 5 year hurdle ? Similarly, starts with self sufficiency, then transfers to work permit. I presume there is no compulsion to always be on the same type of permit.

There are also self employed people