A foreigner whose visa had expired and whose subsequent requests for an extension were denied was forced to call off his wedding to a German national in Malta, an EU report has revealed. 

The man, a third-country national wished to marry the woman whom he had met a couple of years earlier.

In Malta, no marriage may be celebrated without a certificate of publication of marriage banns.

A third-country national without a visa or permit cannot marry even if fiancé is an EU national

As their request for the publication of the banns was denied by the Marriage Registrar because the man did not have a valid visa, the marriage could not take place.

The First Hall, Civil Court, of Malta ruled TCNs without a valid visa or residence permit could not marry in Malta, even when the intended spouse is an EU national residing regularly in Malta.

More than half of European citizens believe freedom of movement is the EU's greatest achievement, however there are pitfalls when it comes to receiving residence permits or social assistance, according to the new report.

While in theory, EU citizens have the right to move freely from country to country, in practice there are loopholes, according to the EU's Fundamental Rights Agency’s latest publication.

In its report about national courts enforcing freedom of movement rights, FRA gives examples of EU citizens being discriminated against, directly or indirectly, because of nationality. Discrimination exists in getting educational grants, housing loans or finding work.

The European Commission and the European Parliament have consistently highlighted the difficulties that EU citizens face in enjoying their freedom of movement rights.

Subsequently, the Commission asked FRA to carry out the first ever collection of EU-wide case law showing how States were interpreting freedom of movement in practice.

Its findings will allow legal professionals and judges to effectively ensure that EU citizens can fully enjoy the benefits of free movement and living throughout the bloc.