S.L. 217.5 Art. 9Withdrawal or loss of status.

(1) A long-term resident shall lose his long-term resident status in the following cases:

(a) if it is proved that the resident had acquired his long-

term resident status through fraudulent means;

(b) if the Principal Immigration Officer has issued an order for his removal in accordance with regulation 12;

(c) if the long-term resident has been absent from the territory of the European Union for a period of twelve consecutive months;

(d) if the long-term resident has acquired a long-term resident status in another Member State;

(e) if the long-term resident is absent for six years from Malta and is residing in another Member State;

(f) if he constitutes a threat to public policy, taking into consideration the seriousness of the offence he committed;

(g) if the long-term resident obtained the said status on the basis of international protection and has had such protection revoked, ended or refused to be renewed as laid down in articles 10(1), 12 and 22 of the International Protection Act: Provided that, in the case of specific and exceptional circumstances relating to paragraph (c) and specific circumstances relating to paragraph (e), as may be determined by the Director, the long-term resident shall not lose his status.

(2) The Director shall facilitate the re-acquisition of long-term resident status in Malta when such person was absent from Malta in accordance with subregulation (1)(c) or (1)(e), and, in particular, in the case of subregulation 1(e), when the absence was due to pursuit of studies: Provided that such person provides evidence that he fulfils the requirements for obtaining long-term resident status in accordance with regulation 5(2) and (3) and has resided legally and continuously in Malta for two and a half years immediately prior to the submission of the application referred to in regulation 5(1).

(3) The expiry of the long-term resident’s EU residence permit shall not entail the withdrawal or loss of the long-term resident status.

(4) Where the withdrawal or loss of long-term resident status does not result in the removal of the third country national from Malta, and the third country national does not constitute a threat to public policy or public security, he shall be issued with a residence permit provided that he meets the conditions referred to in regulation 5.