Through the publication of Legal Notice 160 of 2014 (S.L.217.17), Malta transposed the provisions of Council Directive 2011/98/EC of the 13th December 2011 on a single application procedure for a single permit which authorises third-country nationals to reside and work in a Member State.
S.L.217.17 defines a “third-country national” as any person who is not a citizen of the European Union. This regulation determines a single application procedure for the issuing of a single permit for third country nationals to be able to reside in Malta for the purpose of work and it also sets out a set of common rights to third-country workers.
Identity Malta Agency is the responsible government agency which receives and considers applications for a single work permit and, eventually, issues a residence permit to the successful applicants.
Main Requirements
1. Employment Offer in Malta
First and foremost, in order for an applicant to be able to submit an application for a single work permit, such applicant must have an employment offer in Malta. The employer offering a position to a third country national is required to provide Identity Malta with proof that efforts have been made to fill the vacant position with a Maltese/EEA/Swiss national before having such position offered to a third country national.
2. Health Insurance Policy
During the first period of stay in Malta, an applicant needs to obtain a local/European full refund health insurance policy. After the first period of stay, the applicant will not be required to renew such health insurance since s/he will be paying social security contributions through employment.
3. Lease Agreement
An applicant for a single work permit is required to provide Identity Malta with a copy of a lease agreement or purchase agreement of a property in Malta or Gozo. It must be noted that the agreement should make reference to the applicant as the Lessor / Buyer and that, in the case of a lease agreement, it must be valid for at least six months from the date of submission of the application.
4. Health Screening Form
Third country nationals who were born and have lived for a period of six months or more in a country reported as high-risk for tuberculosis are required to complete a Health Screening form and undergo the required medical examination and investigations at a local private health clinic.
5. Medical Examination
Moreover, third country nationals who are applying for positions such as regulated health care professions, carers, child carers, nannies, beauty therapists, tattooists, masseurs/masseuse and food handlers are required to complete the Health Screening form and undergo the required medical examination and investigations irrespective of whether or not they come from or have resided in a country reported as high-risk for tuberculosis.
On the other hand, if an applicant does not come from a country where the incidence of tuberculosis is high and has not resided in such a country for a period of six months or more, the applicant need not apply for health screening approvals if the job being applied for is any of the following: administrative, construction/manual job, footballer, hairdresser/makeup artist, within the transport industry, cleaner/housekeeper and security.
Application Submission
An applicant who is already in Malta must have a legal basis for his/her stay in Malta. This means that if, for example, the applicant is in Malta on a tourist visa, the application for a single work permit must be submitted within the period of validity of such visa. If the applicant overstays the validity period of the visa, his/her application for a single work permit will be rejected and s/he will be asked to leave the country without any undue delay.
An application for a single work permit may also be submitted whilst the applicant is still abroad. In this case, the employer would need to submit the first part of the application on behalf of the applicant and then, once Identity Malta vets the documents, it will issue an invitation letter to the applicant to proceed to Malta to finalise the application in person, provided that such applicant is required to have the necessary authorisation to enter the Schengen territory before proceeding to Malta.
Identity Malta have recently shifted their services online which means that applications are now being submitted by the employers through the online portal of Identity Malta Agency.
There are other statutory forms which are required to be submitted by the employer and by the applicant for the agency to consider the application. Once all the documents are duly compiled, the employer should submit the complete application through the portal and await feedback from the agency.
Processing
Once the documents are duly vetted and Identity Malta duly consults with the relevant stakeholders, an approval in principle will be issued for the applicant who will be required to schedule an appointment at Identity Malta to have his/her photo and biometric details taken.
If the applicant is abroad when the application is submitted, the appointment should be scheduled when the applicant arrives in Malta. In cases wherein an application is submitted whilst the applicant is still abroad, upon arrival in Malta, the applicant would need to finalise the application by providing the rest of the required documents to Identity Malta.
Legal Notice 160 of 2014 provides that the processing of applications may take up to four months.
Issuing of the Residence Permit
Once the applicant proceeds to the offices of Identity Malta to have the biometric data and photo taken, the applicant will be provided with a temporary authorisation to work until the residence permit is duly issued.
At a later stage, the applicant will receive a collection letter to collect the residence permit.
Key-Employee Initiative
The Key Employee Initiative caters for high-skilled third country nationals who are seeking employment in Malta and it facilitates recruitment for employers requiring high-skilled personnel.
The requirements under this scheme vary from the single work permit application for low-skilled workers. For an applicant to meet the eligibility criteria to apply for a permit under this scheme, the annual gross salary must be of at least €30,000, the applicant must have qualifications, warrants or work experience within industry and the employer is required to submit a covering letter explaining why the position is necessary.
On the other hand, under this scheme, the employer is exempt from providing Identity Malta with proof that efforts have been made to fill in the vacant position with a Maltese/EEA/Swiss national.
Renewal
A renewal application for a single work permit must be submitted whilst the current permit is still valid and may be submitted from ninety days prior to the date of expiry of such permit. In the case of low-skilled employees, the work permit may be renewed for a further period of one or two years whilst for high-skilled employees who applied for the work permit under the Key Employee Initiative, the permit may be renewed for a further period of three years.
Change in Employment
An applicant may elect to change his employment whilst the work permit is still valid and prior to two months from the expiry date of such permit. If an employee is terminated from the current employment, s/he may submit a new application within ten days from the date of termination and unless a new application is duly submitted within the said timeframe, the individual would be expected to leave Malta without any undue delay.
Assistance
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Disclaimer: The above-mentioned article is simply based on independent research carried out by Dr. Werner and Partner and cannot constitute any form of legal advice. If you would like to meet up with any of our representatives to seek further information, please contact us for an appointment.
