During the past couple of decades, it has become increasingly common for foreigners and foreign companies to relocate for work. According to Article 11 of the Immigration Act, individuals who wish to exercise a profession, hold an occupation, or be employed in Malta must obtain a licence from the Minister. This employment licence, commonly known as a work permit, is specific to the employer, occupation, and location. Ensuring all relevant requisites are met is essential for the licence to be granted.
As of 2018, Malta boasts the third lowest unemployment rate within the EU, with training and education initiatives often backed by the EU. While EU, EEA (European Economic Area), and Swiss residents, along with their family members, are eligible to work in Malta without a permit, third-country nationals (TCNs) must apply for an employment licence, also referred to as a single permit. The granting of work permits is primarily governed by the Immigration Act and further regulated by Legal Notice 160 of 2014, which oversees the single permit procedure for both employment and residence in Malta.
Before granting a work permit to a TCN, Jobsplus, the public employment service in Malta, must ensure that the following conditions are met:
The applicant has secured an offer of employment from a Maltese employer, who must apply for the Employment Licence on the applicant's behalf.
The applicant possesses a specialist skill or qualification that is in short supply in Malta.
There is a demand for employment in the applicant's specific field (e.g., qualified nurses or construction workers).
Malta work permits for TCNs are employer and occupation specific. The Employment Licence must specify the job and the employer, and it is the employer who applies for the licence on behalf of the TCN. The licence permits the applicant to work only for the specified employer and job. It cannot be used for employment with a different employer.
The Employment Licence Unit of Jobsplus requires the following for a new employment licence application:
A completed application form filled in by the employer.
A recent passport-sized colour photo.
A certified true copy of all passport pages, including the personal details page.
A certified true copy of a valid residence permit, Interim Permit, or Valid Visa.
A covering letter from the employer explaining why the position could not be filled by an EEA/Swiss/Maltese national.
A job description signed by the employer.
A Curriculum Vitae (CV) signed by the TCN.
Copies of the qualification certificates related to the occupation, including certified translated copies where applicable.
If lacking formal qualifications, the TCN must have at least three years of relevant experience, supported by work references with certified translations, if necessary.
A processing fee of €150 upon application and €80 upon the issuing of the licence.
An Employment Licence is typically valid for one year and may be renewed if justified.
Certain individuals do not require an employment licence, including:
Posted workers from another EEA or Switzerland country, or those with an employment relationship in that country but temporarily posted in Malta.
Persons who normally or habitually work in Malta.
Persons primarily employed in another country where an employment licence is not required.
Foreign nationals who are non-residents and non-executive directors without an employment relationship with the company, receiving remuneration but not a salary.
Single permits generally take 2-3 months to issue as employers must demonstrate efforts to fill the vacancy with individuals from Malta or other EU/EFTA countries. Employers must provide copies of vacancy adverts and a covering letter explaining the reasons for hiring the TCN.
In 2009, the European Council adopted the EU Blue Card Scheme, a merit-based system for non-EU citizens who are highly qualified through their education or professional experience. This scheme was introduced to address labor shortages in specific fields, including research, mathematics, informatics, natural sciences, technology, and medicine. Eligibility for the scheme requires:
Demonstrating that the host member state (MS) has an economic interest in the individual's skills.
Proving that the business will positively impact the host state's economy.
Holding sufficient financial resources for business operations.
Possessing successful business experience.
Contributing to training, research, and innovation.
Upon obtaining the Blue Card, individuals gain the same working and salary conditions as nationals, free movement within the Schengen area, socio-economic rights, favorable conditions for family reunification, a perspective of permanent residence, and freedom of association.
The Key Employee Initiative provides a faster method to obtain a Malta work permit compared to the Single Permit Procedure. This scheme issues a work/residence permit within five working days from application submission. It is designed for individuals in managerial or highly technical positions. The qualifications include:
An annual gross salary of at least €30,000.
Certified copies of relevant qualifications, warrants, or work experience.
A declaration from the employer confirming the applicant’s credentials.
Endorsed by Malta Enterprise, this initiative promotes start-up projects. The permit is valid for one year and may be renewed for up to three years, provided there is a valid contract and the original annual tax declaration has been stamped by the Inland Revenue Department.
Work permits can also be issued based on investment in Malta. Two main work permits are considered: the self-employed work permit and the work permit for shareholders or ultimate beneficial owners of a company. To attain self-employment status, a TCN must satisfy at least one of the following criteria:
Invest at least €500,000 in capital expenditure within six months of the Jobsplus license issuance. This expenditure must be in fixed assets for business purposes, supported by receipts and a bank reference letter.
As a highly skilled innovator with a sound business plan, commit to recruiting at least three Maltese/EEA/Swiss individuals within 18 months.
Lead a project approved by Malta Enterprise, formally notified to Jobsplus.
For shareholders or ultimate beneficial owners of a Maltese resident company, the following criteria must be met to qualify for a work permit:
Each TCN shareholder must have a fully paid-up share capital of at least €500,000, which cannot be redeemed, reduced, or transferred within the first two years of the Employment Licence issuance.
The individual must have made a capital expenditure of at least €500,000 for business purposes, supported by receipts.
The company must lead a project formally approved by Malta Enterprise, notified to Jobsplus.
At the application stage, a business plan, Memorandum and Articles of Association of the Company, and the Company Registration Certificate must be submitted, confirming registration with the Malta Financial Services Authority.
TourMalta & Work offers expert services to individuals who wish to live and work in Malta. We assist with preparing the necessary documentation and submitting it to the relevant authorities, ensuring that all criteria are satisfied. Our team is well-versed in the process of relocating to Malta and will provide support throughout the process of obtaining work permits for employees and the company itself.
Our experts offer counsel and collaborate closely with our taxation specialists to provide clients with assistance regarding any tax implications. Additionally, we offer services related to job searches, employee recruitment, and support for any job offers from employers in Malta.