EU rights of Maltese living abroad

Lawrence Dimech asks: Can Maltese citizens residing in Australia travel and reside permanently in EU countries? Is a Maltese citizen who is not living in Malta entitled to a health card when travelling to a EU country?

This question raises the issue of EU rights of Maltese nationals living abroad, outside the EU, such as Australia. The key point to note here is whether they hold a Maltese nationality. As long as they hold a Maltese nationality, they are considered as EU citizens and can, therefore, benefit from the rights that derive from EU citizenship. Consequently, they are entitled to exercise their right of free movement within the EU, that is, to travel to, reside permanently, work or study in any EU country of their choice without any restrictions.

If they are married to a non-EU citizen, their spouse too may benefit from corollary rights when travelling with them, including the right to obtain a travelling visa free of charge as may be necessary. The same applies to their children even if they are not EU nationals. Non-EU spouses and children of EU citizens are entitled to what are known as "derived rights" when travelling with a relative who is an EU citizen. These rights are therefore also available to Maltese citizens who live in Australia, the United States, Canada and other non-EU countries. As long as they hold Maltese citizenship they can also qualify for the rights that come with EU citizenship.

So the answer to the first question is in the affirmative.

Let me now turn to the second question on whether a Maltese citizen who is not living in Malta is entitled to a health card - or EHIC - when travelling to an EU country.

The EHIC entitles holders to be covered by the Maltese social security system when travelling in other EU countries, notably in case of emergency treatment. Persons travelling in the EU should obtain this card before travelling.

They may apply for this card with the health authorities in Malta.

In order to be eligible for an EHIC issued by the Maltese authorities, a person must normally be ordinarily resident in Malta and paying social security contributions in Malta.

This stands to reason as one would normally only be covered by the national health insurance of the country where one is based and is paying national insurance contributions. It cannot be right for national insurance or social security schemes to cover persons who do not contribute to it.

In addition to being a social security contributor in Malta, the person must be a Maltese national or a national of any other EU country and paying national insurance contributions or receiving a state pension from Malta.

Other eligible categories include stateless persons or refugees, widows or widowers, receiving a Malta state pensions or widow's benefit, whose late spouse was a national of an EU country and living in Malta at the time of his or her death.

Moreover, eligible persons must also hold a certificate of entitlement and a freedom of movement certificate issued by Malta.

If a person works in Malta but pays social security contributions in another EU country it is that country that will issue the EHIC. So the request for the health card must be made in that country.

The above applies to nationals of Norway, Iceland and Liechtenstein because these countries are part of what is known as the European Economic Area or EEA.

Persons who do not fall within any of these categories are not normally eligible to a health card and would therefore not be covered by the Maltese public health system when travelling in other EU countries.

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