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I am soon going to naturalize as a Maltese citizen. I have tried to search out but I always found unclear answers. May be my interpretations were vague. Could you please answer:

  1. Can my non-EU parents who are NOT dependent on me for ANYTHING (financial or personal care etc.) come to live with me in another EU country if I don't have any employment in that country but I am self sufficient financially and can financially support my parents too?

  2. Can my unmarried aunt (non-EU national) come to that country to live with me if I am not employed but am self sufficient to support myself and her financially?

  3. If the answer to both of the above questions is "yes", then can I bring both my parents and my aunt? Is there any restriction like Canada which mandates that relatives can't join you if they are not alone (that is, no family member lives with them, and no family member lives with the sponsor in Canada); in other language, Canada only allows relative reunification if that will result in the unification of 2 sole family members that are actually alive in the family.

Relaxed
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Montu Soni
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1 Answers1

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For the status as a non-EU family member, dependency is the main keyword that must be fulfilled.

As to whether another form of residence permit is possible, where you serve as a financial sponsor, is something you must ask the Maltese authoraties directly since it would based solely on Maltese national laws.

Registering your non-EU family members in another EU country – Malta
For:
Husband / wife
(grand)children
(grand)parents
Extended family members (uncles, nieces, nephews, cousins, etc.)

(i) with a document/s issued by the competent authority of the country of origin or the country from which such family members came, proving their relationship to the EU national concerned – all relevant civil status certificates.
(ii) with a document issued by the competent authority of the country of origin or the country from which the family members came, in the case they are dependent children over twenty-one or are dependent direct relatives in the ascending line, or other family members, testifying that they depend on the EU national concerned;
(iii) where applicable, with the registration certificate of the EU national concerned;
(iv) in the case of extended family members only, where the existence of serious health grounds which strictly requires the personal care by the Union citizen, with proof that they are members of the household of the EU national concerned;

Sources:

Mark Johnson
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  • Thank you for answering. While I am still reviewing your answer and understanding things, I think you might have misinterpreted that I want to sponsor my parents and aunt to Malta. That is not correct, I want to move to some other EU country (not decided yet) but not Malta. If I am not wrong, that information is for those who want to relocate to Malta, but I said that I will relocate FROM Malta and sponsor my family to immigrate to some other EU nation. Am I misinterpreting something? Thanks – Montu Soni Aug 04 '20 at 11:55
  • @MontuSoni I did understand that you were remaining in Malta. But the same answer would apply to the other country, since for the EU common rules for family members contain the dependency requirements. So you would have to explore the national laws of the country in question. There is no EU wide residence law for 3rd Country nationals other that those for spouce and family members of eu citizens. – Mark Johnson Aug 04 '20 at 12:07
  • @MontuSoni Actually, those rules only apply if you move to another country in the EU but not (necessarily) in your country of citizenship. So the info regarding Malta is not that relevant but Mark was inadvertently right regarding the application of EU rules to your situation. – Relaxed Aug 04 '20 at 16:12
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    (+1) It might useful to add that this notion of dependency is only relevant for direct ascendants or descendants over the age of 21. A spouse or minor children may always join an EU citizen without establishing anything else. Extended family members are in an even weaker position, while the guidance from “Your Europe” mentions them, they are not covered in the same way by the relevant directive. – Relaxed Aug 04 '20 at 16:19
  • @Relaxed Thanks for the input! – Montu Soni Aug 04 '20 at 16:29