Residency Permits for Third Country Nationals

Pursuant to the Immigration Act, Chapter 217 of the Laws of Malta, Third Country Nationals that are not citizens of the European Union must apply for an employment licence in order to be able to reside and work in Malta. This is obtained by means of a Single Permit application. Once approved by the relevant authorities, a Residence Card is issued which would enable the individual to reside and work in Malta for a defined period of time which may be renewed further.

Notably, an application for a work permit must be endorsed by the employer and therefore, if the employee wishes to change employment, he must inform the relevant authority beforehand and re-apply for another work permit.

Once all documents are submitted to the relevant authorities, the applicant is issued an Interim Receipt. This allows him/her to legally reside in Malta until a decision is taken on their application. This receipt does not allow the applicant to take up employment and therefore one must still wait for the Residence Card to be issued. Additionally, the receipt is not valid for the purpose of entry into Malta thus, during this interim period it is important for such person not to go abroad.

Once the authorities vet the application, which can take up to 4 months, the individual, if the application is successful will be issued with a single permit which would entitle him to work and reside in Malta. It is important to note that, once the card is issued and the individual starts working, an engagement form must be submitted to JobsPlus immediately.

Single Permits must be renewed every year and holders may proceed with their application for renewal within 90 days from the date of expiry of the Single Permit in force. Therefore, renewal of applications may only be submitted while current permits are still valid.

The Key Employee Initiative is fast-tracked application for highly-skilled Third Country Nationals who wish to seek employment in Malta. This scheme is applicable to managerial or highly-technical posts and therefore the third country national must have the necessary qualifications or appropriate experience in order to be eligible for this scheme. Additionally, the applicant must earn at least €30,000 per year. This scheme is also applicable to innovators involved in projects approved by the Malta Enterprise.

If approved, the applicant will be provided with a residence permit valid for 1 year and which may be renewed for a longer period.

A third country national wishing to study in Malta must be in possession of a residence permit. For such permit to be issued, the third country national must show that he has been accepted by an institution licensed by the National Commission for Higher Education in Malta for a full-time course. Such individual must first obtain a visa to travel to Malta. In this case, one can apply for a student visa. After arriving in Malta, the applicant must apply to the relevant authority in person.

Residence Permits may be issued to Third Country Nationals for the purpose of studying, doing research or training and engaging in voluntary work in the mobility project for young people in terms of Subsidiary Legislation 217.22. This means that any person who is participating in a programme involving practical solidarity activities based on a scheme recognized by the European Union whose purpose is that of pursuing objectives of general interest for a non-profit cause may be given permission to reside in Malta by applying for a Residence Card on this basis.

Family members of Third Country Nationals who are residing lawfully in Malta may also apply for a Residence Card on this basis. This applies to Third Country Nationals’ spouses aged twenty-one years or over and unmarried minor children of the Third Country Nationals and their spouses.

Seasonal Workers are defined as Third Country Nationals who retain their principal place of residence in a third country and stays legally and temporarily in Malta to carry out an activity dependent on the passing of seasons, under one or more fixed term work contracts concluded directly between the third country national and the employer established in Malta, provided that such activity is one which is carried our in the following sectors:

1. Hospitality
2. Agriculture
3. Marine aquaculture

In order to be able to reside temporarily in Malta such person requires a residence permit and must apply to the relevant authority on this basis.

A posted worker is defined as an employee who works with a foreign company however is sent to work in Malta for a period of time by that same company. In such case, the employee is required to register with the Department for Industrial and Employment Relations.

There are other grounds on the basis of which one may apply for residency in Malta. These include health reasons, long-term residence, partners, refugees and subsidiary protection. Other grounds are examined on a case by case basis.