Key Requirements for Employing Third-Country Nationals in Malta

Employing third-county nationals (TCNs) in Malta has widely become a topic of of interest over the past couple of years. However, the process is not a simple one. By definition, a third-country national refers to an individual who is not a citizen of the European Union, European Economic Area, or a Swiss national.

 

Understanding Single Permit Requirements

To legally work in Malta, TCNs must obtain a single permit, which combines a residence permit and an employment license into one document for convenience. The single permit allows TCNs to legally live and work in Malta with a specific employer. If either the employment or residence status ends, the single permit becomes invalid. Typically, a single permit lasts for one year and must be renewed annually before expiry. After five renewals, the applicant can apply for a two-year extension.

Whether the TCN currently resides in their home country or is already in Malta seeking a new employer, a process must be followed. If the individual resides in their home country, it is advisable to submit the single permit application before arriving in Malta, as the Schengen Visa has limited validity.

If the TCN already holds a single permit but wishes to change employers, they must first ask the new employer to submit the required documents for a “Change in employment application” to Identita` before resigning from their current job. This step is crucial because TCNs in Malta without a valid permit have only ten (10) calendar days to submit a new application to Identita`. Missing this deadline can result in legal complications and deportation.

It is important to note that a TCN cannot use a residence or work permit issued by another EU Member State to work in Malta and, therefore, the individual must still submit a single permit application when seeking employment in Malta. Similarly, a TCN holding a valid single permit for employment in Malta cannot use it to work in other EU Member States.

 

Family Status

A TCN can bring their immediate family members to Malta as long as they depend on the family member holding the single permit. Each dependent must apply for a residence permit and the main applicant must demonstrate sufficient financial resources to support the family.

Dependents living in Malta through family reunification cannot work. If a dependent takes a job with a local employer, they must submit a new single permit application and will lose their family reunification status.

 

Establishing a Company or Self-Employment in Malta

TCNs can incorporate a company in Malta and obtain an employment license from Jobsplus and a residence permit from Identita`, provided they make an investment. This investment must meet one or more of the following criteria:

• Hold a fully paid-up share capital of at least €500,000, which cannot be redeemed, reduced, or transferred to a third party within the first two years after the employment license is issued, AND/OR
• Make a minimum capital investment of €500,000, to be used by the company itself, AND/OR
• The company to be incorporated will execute a project formally approved by Malta Enterprise and notified to Jobsplus.

Alternatively, a TCN may apply for a self-employment license with Jobsplus if they meet one or more of the following criteria:

• Make a minimum capital investment of €500,000 in Malta within six (6) months from the date the Employment License is issued, AND/OR
• Lead a project in Malta approved by Malta Enterprise and notified to Jobsplus, AND/OR
• Be a highly skilled individual with a big project in mind aiming to employ at least three (3) EEA/Swiss or Maltese nationals within eighteen (18) months of launching the project.

 

Some Important Points to Consider

• A residence permit for study in Malta does not grant the applicant the right to work full-time. Applicants must apply for an employment license through Jobsplus which allows part-time work, up to twenty (20) hours per week
• TCNs can obtain a residence permit for medical reasons, provided they submit the required documentation verifying the medical treatment to Identita`
• TCNs planning to work in Malta for less than six (6) months must first apply for an employment license with Jobsplus and then proceed to apply for a residence permit through Identita`

 

The Application Process – First-Time Application

The application process requires drafting several forms and uploading various documents. Typically, the employer completes the forms, while the employee gathers the required documentation, such as The Housing Authority approval letter, medical test results, lease agreements, latest FS3 and payslips (if available), and translated qualifications and certificates approved by the MQRIC (Malta Qualifications Recognition Information Centre).

For applicants still abroad, Identita` usually approves first-time applications within 30 to 60 days of all documentation is in order. However, it may take six to nine months from the start of the process for the applicant to settle in Malta and start working due to delays in scheduling appointments at consulates and embassies.

Upon arrival in Malta, the applicant must complete the application process for the single permit by scheduling an appointment with Identita` to present the necessary documents, provide biometrics, and have a photo taken for the issuance of the Residence card. The employer must submit an engagement form to Jobsplus to formally register the applicant on the books of the employer.

 

Renewal Application / Change in Employer Application

The renewal process follows a similiar procedure, including medical tests (if applicable) and the renewal of the housing authority approval. The process is generally faster since Identity Malta already has the applicant’s details.

When changing employers, it is critical to submit a new application within ten (10) calendar days. Additionally, the applicant must ensure they are registered with Jobsplus before resigning from their current job to avoid complications.

 

Do you need any help?

Our team is experienced in handling applications for TCNs, whether working directly with the individual or on behalf of employers.

If you need assistance, don’t hesitate to get in touch with us through the Contact Us Section or by sending an email on [email protected].

Giulia Borg – Head of Corporate