This status is defined in Article 4 of the Immigration Act (Cap. 217), which lists the specific categories of persons who qualify. In simple terms, you may be considered an Exempt Person if you belong to one of these categories and meet any related conditions set out in the law.

• Spouse of a Maltese citizen: Refers to a non-EU national who is lawfully married to a Maltese citizen.
• Child under the age of 21 of a spouse of a Maltese citizen: Refers to a non-EU national who is the child, under 21 years of age, of the foreign spouse of a Maltese citizen.
• Child under the age of 21 of a Maltese Citizen: Refers to a non-EU national who is the child, under 21 years of age, of a Maltese citizen.
• Widow(er) of a Maltese citizen: Refers to a person whose spouse, a Maltese citizen, has passed away, and who was still legally married and residing together in the matrimonial home at the time of death.
• Diplomats and consular staff: Foreign diplomats or consular officers accredited in Malta, along with their spouse (if married and living together), children under 21, and other fully dependant family members.
• Members of foreign armed forces: Personnel stationed in Malta under official government agreements (e.g., a Status of Forces Agreement), together with their spouse, children under 21, and dependants.
• Government advisers or consultants: Foreign nationals invited by the Maltese government to serve in an advisory or consultative capacity, along with their spouse, children under 21, and other dependants.

Each category has specific conditions (for example, spouses must be legally married and living together). In general, if you fall into one of these categories, you are legally permitted to reside in Malta as an Exempt Person.

Although qualifying for exempt status is automatic by law, you must still apply for a residence permit card to have official proof of your status. The process is as follows:

Prepare the application

• The applicant must complete Form E.01 (New Application for Exempt Person Status) for non-EU nationals. https://identita.gov.mt/wp-content/uploads/2024/10/FORM-E.01.pdf
• The Maltese spouse (or sponsor) must provide documents proving their identity, status, and relationship (e.g., marriage certificate registered in Malta, ID card/passport of the Maltese national). https://identita.gov.mt/expatriates-unit-main-page/eu-nationals/eresidence-document-application/exempt-status/
• The applicant (TCN) must provide a valid passport and, where applicable, divorce certificates from previous marriages, birth certificate, etc.

Document Submission & Portal Booking

• Applications are submitted through the Identità Expatriates Unit portal (for non-EU nationals eligible for exempt status) - https://expatriates.identita.gov.mt/ https://identita.gov.mt/expatriates-unit-non-employment-permits-exemption-under-national-legislation/

Biometrics, Fees & Card Issuance

• After approval, the applicant will attend the FOM interview. If successful, biometric capture (photograph and fingerprints) will be completed, usually on the same day.
• A residence card (eResidence document) will be issued indicating “Exempt Person Status” under the relevant legislation (e.g., Article 4 of Immigration Act Cap 217) for the spouse/family member category.

All applicants must provide the completed form and proof of identity, address, and eligibility. The exact documents depend on your category, but generally include:

• Application form: Form E.01 (new applicants) or E.02 (renewal), filled and signed by the couple. (unless you are a widower/er).
• Passport: The original passport and a full photocopy of all pages.
• Proof of address in Malta: A recent utility bill, bank statement, lease agreement, or property deed showing your name and Maltese address. This is needed to confirm you reside in Malta.
• Proof of legal stay: A copy of the visa page or residence permit (if applicable).

In addition, you must submit category-specific documents:

Spouse of a Maltese citizen (Art. 4(1)(g)):

• Form E.01 duly filled and signed
• Full copy of the applicant’s passport updated with the married surname (if applicable)
• Copy of residence permit (if applicant already had one) (back & front)
• Copy of the Maltese National's ID (both sides – this must be valid for at least 6 months)
• Birth certificate of the applicant, apostilled or legalised, with a certified English translation (if issued outside Malta/EU)
• Marriage certificate issued by the Malta Public Registry
• Full copy of applicant's passport updated with the married surname (if changed)
• Copy of Maltese National's biometric page of passport

Widow(er) of a Maltese citizen (Art. 4(1)(h)):

• Form E.02 duly filled and signed.
• Full copy of applicant's passport.
• Copy of residence permit (back & front)
• Copy of the Maltese National's ID (both sides – this must be valid for at least 6 months)
• Marriage certificate (original, registered in Malta).
• Death certificate of the Maltese spouse (original official certificate).
• Sworn affidavit from a close relative of the late Maltese spouse: The relative must be 18 years or older and provide a copy of their ID card. The affidavit must be sworn before a commissioner for oaths or a lawyer. It should clearly declare that, at the time of the Maltese spouse’s death, the couple was still married and living together in the same matrimonial home.
  (This document is required for first-time applications; for renewals, it is generally not needed unless there are concerns about the relationship.)

Child under the age of 21 of a Maltese Citizen:

• Form E.01 duly filled and signed.
• Full copy of applicant's passport
• Copy of residence permit (if any)
• Copy of the Maltese National's ID (both sides – this must be valid for at least 6 months)
• Birth certificate of the applicant, apostilled or legalised, with a certified English translation (if issued outside Malta/EU)
• Proof of custody or parental consent, if the child’s parents are not together. For example:
  • If the Maltese parent has sole custody: a court order confirming custody.
  • If custody is shared: a notarized consent from the other parent allowing the child to reside in Malta and copy of the biometric page of the passport.

Child under the age of 21 of a spouse of a Maltese Citizen:

• Form E.01 duly filled and signed
• Full copy of applicant's passport
• Copy of residence permit (if any)
• Copy of the Maltese National's ID (both sides – this must be valid for at least 6 months)
• Copy of the Maltese National’s spouse ID and biometric page (biological mother or father)
• Marriage certificate issued by the Malta Public Registry (of Maltese national and Maltese national’s spouse)
• Birth certificate of the applicant, apostilled or legalised, with a certified English translation (if issued outside Malta/EU)
• Proof of custody or parental consent, if the child’s parents are not together. For example:
  • If the Maltese parent has sole custody: a court order confirming custody.
  • If custody is shared: a notarized consent from the other parent allowing the child to reside in Malta and copy of the biometric page of the passport.

Foreign diplomat/consular officer (principal) (Arts. 4(1)(d) or (e)): The principal diplomat usually gets an ID card directly from the Ministry of Foreign Affairs. If needed:

• Confirmation of status from the Ministry of Foreign Affairs (e.g. a diplomatic ID or official letter stating your diplomatic role).

Spouse of a diplomat (Art. 4(1)(g)):

• Proof of the diplomat’s status (a copy of the diplomat’s ID card or a letter confirming they are accredited in Malta).
• Marriage certificate (official).
• Proof of cohabitation in Malta (for example, a joint lease, utility bill, or registration showing the family lives together).

Child of a diplomat (under 21) (Art. 4(1)(f)):

• Proof of the diplomat parent’s status (as above).
• Child’s birth certificate (original; apostilled/legalized if from outside EU).
• Custody documents if applicable (same rules as Maltese citizen’s child).

Other dependant of a diplomat (Art. 4(1)(f)):

• Proof of relation to the diplomat (birth certificate or marriage certificate, as relevant).
• Proof of full dependency on the diplomat (financial documents).

Foreign armed forces member (Art. 4(1)(d)):

• Official authorization letter from the relevant Maltese Ministry (e.g. Foreign Affairs, Home Affairs, or Defence) confirming the officer is in Malta under an agreement (SOFA). This letter must be on ministry letterhead and signed, showing the stay is authorized by government arrangements.

Spouse of a foreign armed forces member (Art. 4(1)(g)):

• Proof of the service member’s status (a copy of the Ministry letter or military orders confirming their posting).
• Marriage certificate (official).
• Proof of cohabitation in Malta (e.g. common address on documents).

Child of a foreign armed forces member (under 21) (Art. 4(1)(f)):

• Proof of the parent’s status (as above).
• Child’s birth certificate (original).
• Custody documents if needed.

Other dependant of a foreign armed forces member (Art. 4(1)(f)):

• Proof of relation (birth certificate or other family document).
• Proof of full financial dependency.

Foreign government adviser/consultant (Art. 4(1)(e)):

• Official Government invitation or contract for the advisory/consultative role.
• A declaration or letter from the Maltese Ministry that requested the adviser, confirming the role and appointment.

Spouse of a foreign adviser (Art. 4(1)(g)):

• Proof of the adviser’s status (invitation letter or ministry confirmation of their exempt status).
• Marriage certificate.
• Proof of cohabitation (same address evidence).

Child of a foreign adviser (under 21) (Art. 4(1)(f)):

• Proof of the parent’s status (invitation letter or ministry confirmation).
• Child’s birth certificate (original).
• Custody documents if needed.

Other dependant of a foreign adviser (Art. 4(1)(f)):

• Proof of relation to the adviser (birth/marriage certificate).
• Proof of full dependency (financial support documents).

Important note: All foreign civil documents (birth, marriage, custody certificates, etc.) must follow Maltese legalization rules. If issued outside the EU, they must be apostilled or legalised and translated into English by a certified translator. The Immigration officer may request additional proof as needed.

Exempt Person permits are usually issued for 5 years (the legal maximum) but the exact validity depends on the category you applied under. For children, the permit is valid for up to 5 years or until they turn 21. Your right to stay depends on continuing eligibility. If the underlying condition (e.g., marriage, family relationship, posting) ends, the permit may no longer be valid even before the expiry date. Always check your card and apply for renewal if still eligible.

Generally, yes. Most exempt persons can work without any separate work permit (employment licence). Exempt status itself means you don’t need the usual Jobsplus permit to take up employment. For example, a third-country national who becomes the spouse of a Maltese citizen can live and work freely in Malta without their employer having to sponsor a work permit. This is one of the key benefits of exempt status.

However, there are two exceptions:

• If you are the spouse or dependant of a foreign armed forces member stationed in Malta, you still must get a work permit to work.
• If you are the spouse or dependant of a foreign government adviser/consultant, you must also get a work permit.

These specific sub-categories are excluded from the general work-permit exemption by law. If someone in these categories works without the required licence or violates its conditions, they immediately lose exempt status (the law states they “shall cease to be considered an exempt person”).

Exempt status relies on the specific conditions that qualified you. If those conditions no longer hold, your status ends automatically by law. Key reasons for refusal or revocation include:

• Losing eligibility: If the original basis for your exempt status ends — for example, separation or divorce from a Maltese spouse, a child turning 21, or the end of an official posting — your exempt status automatically ceases, as you no longer qualify under Article 4(1)(g).
• Public security or public interest: The Minister of Home Affairs can revoke anyone’s exempt status by order if it’s deemed in the national interest. This is rare and typically applies in serious cases (for example, if an exempt person commits a grave crime or poses a security threat). If such an order is issued, Identità will withdraw or refuse the permit.
• Fraud or misrepresentation: If you obtained exempt status using false documents or misleading information (e.g., fake marriage or untrue dependency claim), Identità can revoke your permit at any time.
• Violation of work conditions: As noted above, if you are a spouse/dependant of a foreign military member or adviser and you work without the required permit, you immediately lose exempt status.
• Ineligibility at application: At the application stage, Identita will refuse your permit if you clearly don’t meet the criteria (e.g. if a couple can’t prove a genuine marriage or if a dependency claim seems unfounded).

Except when a child turns 21, Identità verifies the situation before revoking status. For example, if a couple appears to have separated, the foreign spouse is notified, given a chance to explain, and provided guidance on the next steps.

If exempt status is lost and no other residence permit is obtained, the person may be considered a prohibited immigrant and must leave Malta.

No. The Immigration Act does not provide a direct appeal against decisions refusing or revoking exempt person status. Unlike some other immigration permits, there is no straightforward administrative appeal process for exempt status decisions. However, you may challenge the outcome through other legal avenues.

Yes. Losing exempt status does not bar you from Malta. You can apply for any other residence permit for which you qualify (e.g., Single Permit, Student Residence Permit, Family Reunification Permit, Key Employee Initiative Permit), provided you meet the criteria of the new permit category.

Renewal is similar to the first application, since you must still prove you meet the same conditions:

When to renew: Apply before your current card expires (ideally a few weeks or months in advance). The status itself remains valid as long as the conditions are met, but the physical card must be renewed.

How to apply: Applications are submitted through the Identità Expatriates Unit portal (for non-EU nationals eligible for exempt status) - https://expatriates.identita.gov.mt/ (Form E.02 is the correct form for renewal applications)https://identita.gov.mt/expatriates-unit-non-employment-permits-exemption-under-national-legislation/

Documents for renewal:

Generally, you need to re-submit the key documents from your original application to show you still qualify. This typically includes:

• Biometric page of your valid passport
• Valid Maltese spouse’s ID
• Proof of address (recent utility bill, lease agreement, etc.).
• Freedom of Movement letter (this is issued in the initial interview when you obtained the Exempt status)
• Copy of your current residence card (both sides)
• Special case – widows/widowers: Renewals are simpler. Unless there’s new information suggesting a problem, you won’t usually need to re-submit the marriage/death certificates or affidavit; Identita will carry over the initial proof. Proof of address must still be provided.
• Fee: Renewals are free of charge.
• Processing: Identita will check that nothing has changed (e.g. you’re still married/cohabiting, your child is still under 21, etc.). If all is well, a renewed permit will be issued (again typically 5 years for spouses). If a change is found (e.g. they learn a separation occurred), this will likely lead to a refusal of such status.

Tip: Keep Identità updated on any changes (new passport, change of address, etc.) and always apply before expiry. Staying on an expired card, even if you are technically still exempt, can lead to complications.

Processing times can vary, but Identita aims to be efficient once all documents are submitted:

• Initial vetting: After all documents are submitted, the Expatriates Unit will verify the documents and conduct background checks. The target timeframe for this phase is approximately two weeks for straightforward cases.
• Biometrics and card printing: If everything is clear, in many cases, you may receive your eResidence card in about 2–3 weeks from the date of a complete application.
• If an interview is needed: For example, in all spouse related cases the Compliance Unit interviews the couple to confirm they are genuinely living together. In such cases, the initial vetting is followed by scheduling an interview (usually within one week after vetting). The actual interview appointment might be a week or two later, depending on schedules. After a successful interview, your biometrics would be taken and the card issued. Additional checks may extend the timeline.
• Overall timeframe: Many applicants receive their card in about 3–4 weeks from submission of all documents. While the application is being processed, applicants are advised to remain in Malta, as you might need to attend an interview or pick up the card on short notice.