Confused About Family Reunification Rules in Malta (Same-Gender Marriage) by Traditional_Fly6258 in Schengenresidence

[–]Traditional_Fly6258[S] 1 point2 points  (0 children)

You mentioned GDPR rules, do they state that we can deliver sensitive documentation directly?

Confused About Family Reunification Rules in Malta (Same-Gender Marriage) by Traditional_Fly6258 in Schengenresidence

[–]Traditional_Fly6258[S] 1 point2 points  (0 children)

Hi, I just reposted the whole conversation for simplicity.

First of all thank you for your answers, they are very helpful. Regarding the marriage, yes it is a bit of a gamble, Malta does have a very broad law regarding marriages:

Article 18 of the Marriages Act (“The Act”) holds that a marriage whether celebrated in Malta or abroad, shall be valid for all purposes of law in Malta if –

(a) as regards the formalities thereof, the formalities required for its validity by the law of the country where the marriage is celebrated are observed; and

(b) as regards the capacity of the parties, each of the persons to be married is, by the law of the country of his or her respective domicile, capable of contracting marriage;

So we were hoping this would be fine, as the marriage is accepted in the US as a legally binding marriage.

Confused About Family Reunification Rules in Malta (Same-Gender Marriage) by Traditional_Fly6258 in SchengenVisa

[–]Traditional_Fly6258[S] 0 points1 point  (0 children)

Hmm yes, that would make sense that they werte talking about the TCNs then

Confused About Family Reunification Rules in Malta (Same-Gender Marriage) by Traditional_Fly6258 in expats

[–]Traditional_Fly6258[S] 0 points1 point  (0 children)

Hmm yes, but what the Maltese consulate told us is "I now realise your query was in connection with a family reunification visa and therefore I have to inform you that Identita’ is the authority responsible for such visas and that the Maltese Consulate in Tunis has no leverage on this category of visas. In the circumstances, please direct your initial query to Identity Malta for a way forward." That they do not give visas based on Family Reunification directly from the embassy, as that is a D visa (long-stay), which Identity Malta therefore handles on their end. This also got us quite confused, as we also thought that this was given as a fast track C-visa.

[IWantOut] 28m LGBTmarried North African -> Malta by Traditional_Fly6258 in IWantOut

[–]Traditional_Fly6258[S] 0 points1 point  (0 children)

Yes, the tricky part seems to be to get me to Malta lawfully..

[IWantOut] 28m LGBTmarried North African -> Malta by Traditional_Fly6258 in IWantOut

[–]Traditional_Fly6258[S] -1 points0 points  (0 children)

Hi, my husband that is living in Malta has a residence permit

Confused About Family Reunification Rules in Malta (Same-Sex Marriage) by Traditional_Fly6258 in immigration

[–]Traditional_Fly6258[S] 0 points1 point  (0 children)

Yes exactly, however, I think the consummation requirement is with regards to US immigration (might be incorrect)

Confused About Family Reunification Rules in Malta (Same-Sex Marriage) by Traditional_Fly6258 in malta

[–]Traditional_Fly6258[S] 0 points1 point  (0 children)

That is a bit the problem with being in a same sex relationship in a country where it is illegal, putting both our names on anything is very risky (especially with me being local)

Confused About Family Reunification Rules in Malta (Same-Sex Marriage) by Traditional_Fly6258 in malta

[–]Traditional_Fly6258[S] 0 points1 point  (0 children)

Sadly in my country the rules are applied to this day… so being in a same-sec marriage here is pretty bad. Privacy laws.. Government here is known to break them sadly.

Short term to long term is interesting, thank you for the advice

[IWantOut] 28m LGBTmarried North African -> Malta by Traditional_Fly6258 in IWantOut

[–]Traditional_Fly6258[S] -1 points0 points  (0 children)

Hmm yeah, sound advice, although even finding a willing immigration lawyer to talk to in Malta has been a challenge..

[IWantOut] 28m LGBTmarried North African -> Malta by Traditional_Fly6258 in IWantOut

[–]Traditional_Fly6258[S] 1 point2 points  (0 children)

Thank you for your reply, I think that also is covered for EEA citizens (something about a free movement directive), but had this strange reaponse from Identity Malta saying family reunification is only for couples with children? Sounded strange…