ATMSH GROUP

MALTA

The legislation empowering foreign citizens to take employment in Malta is the Immigration Act. Citizens of non-EU/EFTA (European Free Trade Association) countries are required to apply for a work permit in order to be allowed to work in Malta. Starting with 2005, Maltese employment licenses are issued by the Employment and Training Corporation. It must also be taken into consideration that the employer must apply for the work license on behalf of the foreign citizen. Starting with 2014, when the Legal Notice 160 was issued, the authorization for third-country citizens is done through the issuance of a single permit application which enables a foreign citizen to both work and live in Malta. The new
document is called an e-residence card.
Foreign citizens from non-EU countries can also rely on us for assistance in applying for a work permit in Malta.
Please note that it is not possible to obtain Maltese residency by simply incorporating a company in this country.

TYPES OF WORK PERMITS IN MALTA
As mentioned earlier, obtaining a Maltese work permit for a non-EU citizen is possible only if the employer applies on behalf of the future employee. For this purpose, there are several categories of work permits which can be obtained in Malta:
– work permits for completing specific projects, as provided in the employment contract;
– employment permits for completing work in a specific location, these are usually temporary work permits;
– employment permits requested by companies seeking to hire an employee for a special project;
– work permits issued for specific occupations which are rarely found in Malta.

Maltese work permits usually have a one-year validity period and can be extended.
It is important to note that the Maltese company applying for the work permit must specify the type of employment license requested. Our law firm in Malta can support local companies with the applications for employment licenses under the provisions of the Labor Code.

Once a non-EU citizen has been recruited for a position in a Maltese company, the employer will apply for the employment license on behalf of the worker.

Foreign companies operating in this country can also rely on our attorneys in Malta if they need assistance in matters related to the Employment Law and bringing foreign employees.

OBTAINING A MALTESE E-RESIDENCE CARD
Foreign citizens intending to work in Malta for a period longer than three months are required to apply for a Maltese employment license or e-residence card. The validity of the work visa depends on the type of application submitted with the Employment and Training Corporation. The new Maltese work permit application forms are:
– CEA form J for individuals with economic self-sufficiency,
– CEA form M for students,
– CEA form A for employment and self-employment,
– CEA form F for family members.

The additional documents required when applying for a work permit in Malta are:
– proof of professional certifications,
– the applicant’s curriculum vitae,
– a passport-sized photo,
– proof that the Maltese company has searched for a Maltese or EU citizen for the job.

The future employee may also be required to submit a clean criminal record and to obtain medical clearance. For a detailed list with all the supporting documents when applying for an employment license, you may ask our lawyers in Malta.

The simplified procedure of obtaining a Maltese work permit
In 2018, the Maltese government amended the regulations providing for the work permit processing requirements. Under the new regulations, the processing time of employment license application has been reduced. Also, before the employment license is issued, a temporary work permit will be released for the employee to begin working in a Maltese company.
The applicant will be required to submit the documents requested by the authorities and wait for the police department to verify their paperwork, however, the procedure is completed in a shorter period of time.
There are also a few categories if foreigners who do not need employment licenses in Malta and they are represented by:
– family members of EU citizens who work in Malta;
– posted workers – employees of companies in other EU-based companies completing a job in Malta;
– non-executive company directors entering Malta for a short period of time.