New residency regulations set out post-treaty framework

The Government of Gibraltar has published new regulations setting out who may apply to live in Gibraltar under the legal framework created following the UK/EU treaty.

The new residency regulations come into force on July 14 and give legal effect to policy criteria previously published by the Government and shared with the business community.

The regulations establish categories for employees, self-employed people, students, Crown Servants, members of the Armed Forces, existing residents and permanent residents.

They also set out the requirements applicants must meet to qualify for a residence permit under each category.

People who already hold Gibraltar identity cards will not be required to obtain a residence permit under the new framework.

The legislation also covers family members, permit renewals, rights of appeal and safeguards linked to public policy, public security and public health.

It allows flexibility in cases where this would be in Gibraltar’s interests, including for applicants whose skills are considered important to economic development or who work in sectors facing a demonstrable shortage of labour or specialist skills.

The Minister for Health, Care and Business, Gemma Arias-Vasquez, said: “We have listened carefully to the concerns raised, including by the GFSB, and the regulations reflect the need to balance the requirements of our economy with the need to protect Gibraltar’s housing, public services and long-term national interests.”

“This is not about closing Gibraltar off.”

“It is about ensuring that our residency framework is modern, fair and fit for purpose as we move into a new and exciting chapter for Gibraltar.”

Ms Arias-Vasquez said further practical changes could be made after the new system came into operation.

The Chief Minister, Fabian Picardo, said the regulations provided the legal framework needed for Gibraltar’s new residency regime.

“Gibraltar must remain open for business, open to talent and open to opportunity, but we must also ensure that residency is properly regulated in the interests of our community,” he said.

“We will not apologise for putting Gibraltar first.”

Mr Picardo said the treaty would bring important opportunities for Gibraltar, but these would have to be managed properly through the new framework.