The Employment and Training Corporation (ETC) has recently updated the guidelines regarding the issuance of employment licenses, also referred to as work permits, for Third Country Nationals wanting to work or reside in the Maltese Islands. This is applicable for EU/EEA/Swiss citizens as well as their family members and individuals falling beneath the category of 'other family members'.
However, family members who are exercising their right of 'free movement', posted employees for the duration of their posting as well as foreign national, non-resident and non-executive directors do not need to possess and employment licence.
Generally, Third Country Nationals would need to apply for a Visa in their country of origin within the entity representing Malta. Prior to entering Malta, Third Country Nationals would need to be in possession of a valid Visa issued in their country, however certain nationalities are allowed to be present in Malta for a specific period of time without having a Visa.
The work permit application process incorporates two procedures – the issuance of an employment license and that of an e-residence card which grants temporary residence in relation to the individual's employment. It is important to know that the work permit is issued in relation to a specific job with a specific employer and this means that the permit is only valid for the performance of that particular job. Employment licences are usually issued for a maximum period of one year and can be submitted both while living in Malta or abroad.
The applicant would also be required to fill in and sign another relevant application form that needs to be endorsed by the prospective employer and the application should be submitted to the Department of Citizenship and Expatriate Affairs, as the legally responsible entity for such applications.
In the case that the application is rejected, a rejection letter is generally issued within 15 working days from submission date. On the other hand, when an application is accepted from a labour market perspective, this moves on to be reviewed by the relevant stakeholders. Stakeholder feedback may take between 4 and 6 weeks to reach the Corporation. If the application is accepted by the stakeholders, the Corporation will then issue the employment licence.
The content of this article is intended to provide a general guide to the subject matter. Specialist advice should be sought about your specific circumstances.
