Malta, a member of the European Union, offers various avenues for foreign nationals seeking employment opportunities within its borders. The process typically involves obtaining the necessary visa to enter the country (if required based on nationality) and a work permit, officially known as an employment license, to be legally employed. Navigating these requirements is essential for both individuals and companies looking to hire international talent.
The system is designed to regulate the labor market while facilitating the entry of skilled workers and professionals who contribute to the Maltese economy. Understanding the specific types of permits and the application procedures is the first step towards successful international employment in Malta.
Common Visa Types for Foreign Workers
While the primary requirement for working in Malta is the employment license, the need for an entry visa depends on the applicant's nationality. Citizens of the EU/EEA/Switzerland do not require a visa or a work permit to live and work in Malta, enjoying free movement rights. However, third-country nationals (non-EU/EEA/Swiss) typically need both an entry visa (if applicable) and an employment license.
The main permit types for third-country nationals seeking employment include:
- Single Permit: This is the most common type, combining the residence permit and the employment license into a single document. It allows the holder to legally reside and work in Malta for a specific employer in a specific role.
- Key Employee Initiative (KEI): A fast-track scheme for highly-skilled third-country nationals in managerial or highly-technical positions. It offers expedited processing.
- Highly Qualified Persons Rules: A tax-based incentive scheme aimed at attracting highly qualified individuals to specific sectors like financial services, gaming, and aviation. This is not a work permit itself but offers tax benefits upon obtaining the necessary permits.
| Permit Type | Target Applicant | Key Feature |
|---|---|---|
| Single Permit | Most third-country nationals seeking employment | Combines residence and work permit |
| Key Employee Initiative | Highly-skilled managers/technicians | Fast-track processing (typically 5 working days) |
| Highly Qualified Persons | High earners in specific sectors | Tax incentives |
Work Permit Application: Requirements and Procedures
The application for an employment license (or Single Permit) is typically initiated by the prospective employer on behalf of the foreign national. The process involves demonstrating that the employer has genuinely sought to fill the position locally within the EU/EEA/Switzerland before offering it to a third-country national (Labor Market Considerations - LMC). Certain roles or schemes like the KEI may be exempt from a full LMC test.
Eligibility Criteria:
- Valid job offer from a registered Maltese employer.
- Qualifications and experience relevant to the offered position.
- Clean criminal record.
- Proof of sufficient funds (sometimes required).
- Valid travel document (passport).
- Accommodation arrangements in Malta.
Required Documentation:
- Completed application form.
- Copy of passport (all pages).
- Curriculum Vitae (CV).
- Copies of educational certificates and professional qualifications.
- Reference letters from previous employers.
- Employment contract signed by both employer and employee.
- Job description.
- Proof of advertisement of the position (if LMC is required).
- Accommodation contract/proof of address in Malta.
- Police conduct certificate.
- Passport-sized photos.
- Health insurance policy.
Application Procedure:
- The employer submits the application and supporting documents to Identity Malta Agency.
- Identity Malta assesses the application, including the LMC if applicable.
- If approved, the employment license/Single Permit is issued.
- If the applicant is a third-country national residing outside Malta, they will use the approval letter to apply for an entry visa at the Maltese consulate/embassy in their country of residence (if required).
- Upon arrival in Malta, the applicant must register their presence and complete biometric data collection to receive the physical residence card (Single Permit).
Fees and Processing Times:
Fees for the Single Permit application are subject to change but are typically around €280 for the initial application. Renewal fees are usually lower.
Processing times vary depending on the application type and the volume of applications.
- Single Permit: Standard processing can take several months (e.g., 8-12 weeks or longer).
- Key Employee Initiative: Aims for a much faster processing time, often within 5 working days, provided all documentation is in order.
It is crucial to start the application process well in advance of the intended start date.
Pathways to Permanent Residency
Foreign nationals who have legally resided and worked in Malta for a continuous period may be eligible to apply for long-term resident status, which is a step towards permanent residency.
General Requirements for Long-Term Resident Status:
- Legal and continuous residence in Malta for five years immediately prior to the application. Absences from Malta during this period should not exceed six consecutive months and should not exceed a total of ten months within the five-year period.
- Proof of stable and regular financial resources sufficient to maintain themselves and their dependents without recourse to social assistance.
- Proof of accommodation.
- Knowledge of Maltese or English language.
- Proof of integration into Maltese society (e.g., participation in integration programmes).
Obtaining long-term resident status grants rights similar to those of Maltese citizens in many areas, including access to employment and education. This status is a prerequisite for potentially applying for Maltese citizenship through naturalization after meeting further residency and integration requirements, typically after 10 years of residence.
Dependent Visa Options
Foreign workers holding a valid Single Permit or other long-term residence permits in Malta can typically apply for their family members to join them through family reunification provisions.
Eligible Dependents:
- Spouse or registered partner.
- Minor children (under 18 years old), including adopted children.
- Dependent adult children (under specific circumstances, e.g., disability).
- Dependent parents (under specific circumstances, e.g., lack of family support in the home country).
Application Process for Dependents:
The application for family reunification is usually submitted by the resident family member in Malta to Identity Malta Agency. The process requires proving the family relationship, having adequate accommodation in Malta, and demonstrating sufficient financial resources to support the family without relying on public funds. Dependents are typically granted a residence permit that allows them to reside in Malta. In some cases, the dependent's permit may also allow them to seek employment, though this can depend on the specific permit type and individual circumstances.
Visa Compliance Obligations for Employers and Employees
Maintaining compliance with Maltese immigration and labor laws is a shared responsibility between the employer and the employee.
Employer Obligations:
- Ensure the foreign national has the correct and valid work permit/Single Permit before they commence employment.
- Adhere to the terms and conditions specified in the employment license (e.g., position, hours, salary).
- Notify Identity Malta Agency of any changes to the employee's circumstances (e.g., change in role, termination of employment).
- Maintain accurate records of employees' immigration status.
- Comply with all Maltese labor laws, including minimum wage, working hours, and leave entitlements.
- Cooperate with inspections by relevant authorities.
Employee Obligations:
- Hold a valid work permit/Single Permit and any required entry visa.
- Only work for the employer and in the position specified on their permit.
- Notify Identity Malta Agency of any changes to their personal circumstances (e.g., change of address).
- Comply with the terms of their employment contract and Maltese labor law.
- Apply for renewal of their permit in a timely manner before it expires.
- Leave Malta upon expiry of their permit if no renewal or alternative status has been granted.
Failure to comply with these obligations can result in penalties for both the employer and the employee, including fines, deportation, and bans on future entry or employment in Malta. Employers utilizing an Employer of Record service can leverage the EOR's expertise to ensure full compliance with these complex requirements.
