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Short answer unless you have been married for two years the it all depends if guy can convince the director of immigration of how genuine your relationship is
Long answer is go live elsewhere in EU and come back after a period of time and you may be able to rely on EU rights however again to depend on the director

Hi,
After you get married she will have free movement, so she will not need a visa to reside In Malta.

I'm sorry robpw2 but I don't understand your answer. How can you be married to someone for two years if you marry and you cannot live with your spouse? it does not make sense to me.

David Cachia wrote:

Hi,
After you get married she will have free movement, so she will not need a visa to reside In Malta.

that is not correct  free movement only applies if your partner is using free movement

so if partner a (eu citzen) goes to another eu coutntry for example france and joins partner b (non-eu citizen) they are able to live in that country because partner a is excercising their right to free movement.

partner a here is not excercising their right to free movement they are staying in their home country so home rule applies not eu law thus

in order for a partner of a maltese citizen to live  join them in malta you have to have been married for two years or more  - it does say that applications are considered for those who havent but they are at the discretion of the director of immigration and they will be granted temproary residence on that basis .

Corsa4132 wrote:

I'm sorry robpw2 but I don't understand your answer. How can you be married to someone for two years if you marry and you cannot live with your spouse? it does not make sense to me.

it is to prevent people marrying a non eu citizen  so that person then gets automatic residence when they wouldnt be entitiled to other wise - essentially its to prevent residency scam marriages.

you have to be married for two years before they can join you in malta unless otherwise granted discretion by the director of immigration. 

you can however excercise your right to free movement under eu law and move to another eu country and live with them as  a way of proving you have built a family life then once you have established that you can move back and eu law would still apply .

or you can marry them and move to their home country and live with them for two years and move back

where does it say this? I have not seen this two years thing anywhere?

in the case that the relationship has been subsisting  for two years, a residence permit valid for one year is granted. if documentary evidence is produced showing that the couple have been living together in such a realtionship for 5 years preceeding the application in question ,  a residence permit  for 3 years is issued to the third country national.  requests for a residence permit by a third country national whose relationship is below the two year period mentioned above are considered on the merits of the case. if the request is acceded to, a temporary permit for a period determined by the director is granted to the foreign national concerned

what you're referring to are the provisions for a partner of a maltese national. I'm talking about marriage.

marriage falls under the provisions for a partner
you have been provided with the information  if you dont like it or think otherwise may i kindly suggest you contact the department for citizenship and expatriate affairs as maybe they will be able to help you better

may i wish you all the best however and many happy years of marriage

just a quick question ? why would they make you have a relationship for two years with someone before they granted the right to join you in  a country if everyone  could just get married and avoid that particular stumbling block ... because everyone would be doing it

Excuse me but my ex wife was not an EU citizen and as soon as we got married they gave her the free movement.

Hi Corsa. I'm a filipina married to a maltese. We got married in the philippines. I applied for an ID here in Malta which is a residence permit as well that is valid for 5 years till I get my maltese citizenship and they issued me a freedom of movement too.

Hope this helps.

Melanie

bottom line here is if you are concerned why not explain your circumstances fully to the immigration dept and get the information you require direct from "the horses mouth"