Amendments To The Immigration Act (Cap. 217)
Loss Of The Right To Freedom Of Movement Or Exempt Person Status
Section 44(4)(c) of the Constitution stipulates that the wife of a citizen of Malta or of a person who enjoys freedom of movement shall herself enjoy freedom of movement as long as she is living with her husband.
Until the 9 February 2000 Section 4(i) of the Immigration Act (Cap 217) stipulated that the following persons, amongst others, shall enjoy exempt person status (that is, the right to enter or leave Malta, the right to remain on the Island and the right to work locally):
The Immigration Act has now been amended so that with effect from the 10 February 2000:
This means that the foreign wife or husband of a citizen of Malta or of person who enjoys freedom of movement shall lose the right to freedom of movement and/or exempt person status if she/he is no longer living with her husband/his wife.
And in the case of a widow/widower such person would also lose exempt person status if he/she was not living with his wife/her husband at the time of the latter's death.
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