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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聽 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聽 join them in malta you have to have been married for two years or more聽 - 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聽 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.聽

you can however excercise your right to free movement under eu law and move to another eu country and live with them as聽 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