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ARTICLE · 06 MAY 2021

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UK Nationals Navigating Residence Status In Malta Post Brexit

GVZH Advocates
GVZH Advocates
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GVZH Advocates

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By virtue of the Withdrawal Agreement (the ‘Agreement') which came into force on the 1st February 2020, the United Kingdom (‘UK') cut its ties and subsequently withdrew from the European Union (‘EU')

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By virtue of the Withdrawal Agreement (the 'Agreement') which came into force on the 1st  February 2020, the United Kingdom ('UK') cut its ties and subsequently withdrew from the European Union ('EU') in accordance with Article 50 of the Treaty of the European Union ('Treaty'). The said Agreement was entered into between the EU and the UK in order to establish the terms of the UK's withdrawal from the EU and essentially, to protect the rights of UK nationals and their family members who lived in European countries before Brexit.

Prior to said withdrawal, UK nationals were EU citizens and thus, were entitled to the right of free movement within EU Member States in line with European law and the relevant local laws of the respective state which implemented such laws. In Malta, this right is in fact stipulated in Subsidiary Legislation ('S.L.') 460.17 (the 'Free Movement of European Nationals and their Family Members Order'). As per Article 3 of S.L. 460.17:

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