Immigration Comparative Guide

1 Legal framework

1.1 Which legislative and regulatory provisions govern corporate immigration in your jurisdiction?

Corporate immigration in Malta is primarily governed by the Immigration Act (Chapter 217 of the Laws of Malta), which establishes the general framework for the entry and residence of foreign nationals, and subsidiary legislation. The act governs key procedures such as:

• the Single Permit process;
• long-term residence status; and
• related employment-based residence authorisations.

It also includes Malta's transposition of the EU Blue Card Directive, facilitating the admission of highly skilled third-country nationals.

Employment law aspects affecting foreign nationals are regulated under the Employment and Industrial Relations Act (Chapter 452 of the Laws of Malta), which defines the basic rights, obligations and working conditions applicable to employees irrespective of nationality.

Administrative practice is further shaped by official guidelines issued by national authorities – particularly Identità and Jobsplus, which set procedural standards for:

• labour market clearance; and
• the employment of non-EU nationals.

1.2 Do any special regimes apply in specific sectors?

While Malta does not operate formal sector-specific immigration regimes in a legislative sense, certain practical relaxations and prioritisation measures apply to key industries facing recognised labour shortages. In particular, streamlined processing and reduced labour market testing requirements are available for sectors such as:

• information and communications technology (ICT);
• gaming;
• financial services;
• healthcare;
• construction; and
• hospitality.

Highly skilled workers within the ICT and financial services sectors may also benefit from fast-tracked procedures under the Key Employee Initiative (KEI), which offers accelerated Single Permit processing for qualifying applicants. Although these measures are grounded in administrative policy rather than distinct legal regimes, they are an important feature of Malta's corporate immigration framework.

1.3 Which government entities regulate immigration in your jurisdiction? What powers do they have?

Immigration in Malta is principally regulated by three government agencies:

• Identità;
• the Residency Malta Agency; and
• the Community Malta Agency.

Each of these is established under a separate legislative instrument.

• Identità is responsible for the administration of:
• • visas;
  • residence permits;
  • work permits;
  • expatriate documentation;
  • national identity cards and passports; and
  • related administrative immigration functions.
• The Residency Malta Agency administers:
• • the Malta Permanent Residence Programme (MPRP);
  • the Malta Nomad Residence Permit; and
  • the Start-up Programme.
• The Community Malta Agency primarily oversees the processing of citizenship applications, including:
• • ordinary applications; and
  • those linked to exceptional services by direct investment.

Each agency is vested with the power to:

• manage its respective processes autonomously;
• conduct due diligence;
• approve or refuse applications; and
• advise the respective ministers responsible for immigration or citizenship matters.

1.4 What is the government's general approach to immigration in your jurisdiction?

Malta's immigration system aligns closely with the European Union's general approach to immigration, while exercising national sovereignty to tailor specific programmes to its smaller geographical scale and economic structure.

Immigration is structured through a multi-channel framework governed primarily by the Immigration Act, supplemented by subsidiary legislation to address distinct categories of migrants. The government maintains a controlled, selective approach focused on meeting national economic and demographic objectives. Work-based migration is primarily managed through:

• the Single Permit procedure; and
• sector-specific initiatives such as:
• • the Specialised Employee Initiative; and
  • the Key Employee Initiative.

Remote workers may avail of the Malta Nomad Residence Permit, allowing employees, self-employed individuals and freelancers to reside and work remotely from Malta for up to four years, supported by advantageous tax treatment. Temporary residence permits are also available for short-term professional engagements.

High-net-worth individuals may access residence through the MPRP or citizenship via the Exceptional Services by Direct Investment framework. In addition, Malta leverages favourable taxation frameworks to attract foreign direct investment through the Residence Programme and the Global Residence Programme, both of which serve as gateways toward Economic Self-Sufficiency Residence status.

Across all pathways, Malta emphasises:

• rigorous due diligence;
• skills-based admission;
• investment attraction; and
• structured social integration.

2 Business travel

2.1 Do business visitors need a visa to visit your jurisdiction? What restrictions and exemptions apply in this regard?

Business visitors travelling to Malta are subject to visa requirements depending on their nationality. Nationals of countries listed in the EU Visa Waiver Regulation (Council Regulation (EC) 539/2001) are exempt from requiring a visa for stays of up to 90 days within a 180-day period, which includes business purposes. Nationals of visa-required countries must apply for a Schengen short-stay visa (Type C) before travelling, even for business visits.

The Schengen visa permits participation in activities such as attending meetings, negotiations, conferences and training sessions, provided that no employment or remunerated activity is carried out in Malta. Importantly, holding a Schengen visa does not permit the visitor to work or receive direct remuneration from a Maltese entity. Furthermore, visitors must be able to demonstrate:

• the business purpose of their trip;
• sufficient financial means;
• travel insurance coverage; and
• proof of accommodation.

Restrictions apply to the activities permitted while in Malta on a business visa and any activity beyond the scope of permitted business engagements will require an appropriate residence or work permit. The 90-day limit within a rolling 180-day period is strictly enforced and overstaying can lead to entry bans across the Schengen area.

2.2 Do the requirements vary depending on sector or purpose?

The basic visa requirements for business visitors to Malta do not vary based on sector. All applicants must satisfy the general conditions for the issuance of a Schengen short-stay visa, irrespective of the business sector or the nature of the visit. However, the purpose of the visit influences the specific supporting documents required. For example, visitors attending trade fairs, conferences or corporate meetings must present invitations, event registrations or proof of their professional ties to the event or Maltese business entity. Where the business purpose involves technical activities or on-site services that verge on employment – such as installation, maintenance or specialist training – the authorities may require further clarification. Therefore, while the general visa conditions remain uniform, the type of documentation required and the scrutiny applied by the consular authorities may vary according to the declared business purpose.

2.3 What is the maximum stay allowed for business visitors?

Business visitors to Malta are permitted to stay for a maximum of 90 days within any 180-day period under the rules governing the Schengen Area. This rule applies irrespective of whether the stay is continuous or made up of multiple visits. The 180-day reference period is a rolling window, meaning that each day of stay is counted against the previous 180 days to determine compliance. Overstaying the permitted period can lead to administrative penalties, fines, expulsion orders and entry bans not only for Malta but across the entire Schengen zone. Extensions beyond the 90-day limit are available only in exceptional circumstances, such as force majeure or serious personal reasons, and are assessed on a case-by-case basis by the competent Maltese authorities.

2.4 What activities are business visitors allowed to conduct while visiting your jurisdiction?

Business visitors entering Malta under a Schengen short-stay visa (Type C) are permitted to engage in a range of activities, provided that these do not amount to employment or the provision of remunerated services to Maltese entities. Permitted activities include:

• attending business meetings and negotiations with Maltese companies;
• participating in conferences, seminars or trade fairs relevant to their professional field;
• conducting market research or exploring potential business opportunities; and
• receiving or delivering short-term training that is not part of a formal employment relationship.

2.5 Is authorisation required for business visitors to provide or receive short-term training?

Business visitors do not generally require additional work authorisation to receive or deliver short-term training during their stay in Malta. Receiving or delivering training – such as courses, workshops or internal company sessions – falls within the scope of activities permitted under a Schengen short-stay visa, as long as:

• the visitor remains employed abroad; and
• no direct remuneration is received from a Maltese entity.

The Maltese authorities tend to assess the substance of activities rather than their formal description when determining compliance with immigration rules.

3 Work permits

3.1 What are the main types of work permit in your jurisdiction? What restrictions and exemptions apply in this regard?

Third-country nationals seeking employment must obtain a residence permit linked to their specific job role and employer. The primary permit is the Single Permit, allowing residence and employment for up to 12 months, typically applied for by the employer. Variants such as the Key Employee Initiative and Specialist Employee Initiative cater to roles depending on salary and qualifications; in some cases, salary also determines the inclusion of family members from day one.

The EU Blue Card grants highly qualified workers from outside the European Union the right to live and work in an EU country, provided that they possess:

• higher professional qualifications; and
• an employment contract or binding job offer with a high salary compared to the national average.

The Self-Employment Permit is for individuals intending to work independently, requiring:

• a minimum investment of €500,000 or the creation of three roles for EU/European Economic Area (EEA)/Swiss nationals; and
• prior approval from local authorities.

The Seasonal Work Permit applies to employment tied to specific seasons, typically not exceeding nine months; whereas the Short-Term Employment Permit covers employment less than six months and is non-renewable.

These permits are employer-specific; changing employers necessitates an intervention. Employment must be in Malta and these permits do not grant the right to work in other EU countries. Non-compliance with permit conditions can lead to revocation. EU/EEA/Swiss nationals are exempt from requiring work permits to work in Malta. Certain work categories may have specific application procedures.

3.2 What is the maximum stay allowed under each type of work permit? Can this be extended?

The duration and renewal possibilities of work permits for third-country nationals vary by permit type. The Single Permit is typically valid for one year and is renewable annually, provided that:

• the employment relationship continues; and
• the applicant has fulfilled tax obligations.

The EU Blue Card is valid for a minimum of one year and can be renewed indefinitely, contingent on continued employment and meeting salary thresholds. The Self-Employment Permit is generally issued for one year and is renewable, contingent on:

• maintaining the required investment (minimum €500,000);
• creating at least three jobs for EU/EEA/Swiss nationals; and
• obtaining continued approval from local authorities.

The Seasonal Work Permit is typically valid for up to nine months and is generally non-renewable due to its seasonal nature. The Short-Term Employment Permit covers employment periods of less than six months and is non-renewable.

3.3 What criteria must be satisfied to obtain each kind of permit?

All work permit applicants must secure a confirmed job offer from a Maltese employer, which is typically required to demonstrate that no suitable local or EU/EEA candidate is available for the position. Applicants must also provide evidence of:

• relevant qualifications or work experience;
• comprehensive health insurance; and
• in some cases, a health screening certificate.

A clean criminal record certificate is often also required. Specific permit categories are subject to further requirements, as follows:

• The EU Blue Card requires:
• • an employment contract of at least one year with a salary 1.5 times the national average; and
  • proof of higher professional qualifications.
• The Self-Employment Permit requires:
• • a minimum investment of €500,000 or the creation of at least three jobs for EU/EEA/Swiss nationals;
  • prior approval from local authorities; and
  • evidence of qualifications, business plans and financial means.
• Seasonal Work Permits, typically not exceeding nine months, and Short-Term Employment Permits, covering employment periods of less than six months and non-renewable, require:
• • a job offer in seasonal sectors;
  • proof of accommodation;
  • proof of health insurance; and
  • a clean criminal record.

3.4 Do any language requirements apply for each kind of permit?

In Malta, there are no general language proficiency requirements for obtaining work permits. However, proficiency in English or Maltese may be necessary depending on the specific job role. For instance, positions in healthcare, education or customer-facing roles may require proof of language skills. Employers typically assess language proficiency during the hiring process and applicants should be prepared to demonstrate their language abilities if relevant to the job.

3.5 Are any work permits subject to quotas?

Work permits for third-country nationals are generally not subject to formal numerical quotas. However, certain permit categories, such as the EU Blue Card, may have implicit limitations based on:

• labour market demands; and
• the availability of qualified professionals.

These constraints are designed to:

• align with Malta's economic needs; and
• ensure that the influx of foreign workers supports sectors experiencing skill shortages.

While there are no explicit caps on the number of permits issued, the government may adjust policies or impose temporary restrictions:

• in response to significant shifts in the labour market; or
• to maintain social and economic stability.

Therefore, while quotas are not formally established, the issuance of work permits is influenced by strategic considerations aimed at balancing labour supply and demand.

3.6 Do any specific rules apply with regard to the following: (a) Work in specific sectors? (b) Shortage occupations? (c) Highly skilled workers? (d) Investors and high-net worth individuals?

In Malta, specific rules govern work permits across various categories. Certain sectors – such as healthcare, information technology and hospitality – are recognised for experiencing skill shortages. Consequently, work permits in these sectors may benefit from streamlined processes, reducing the need for employers to demonstrate the unavailability of local or EU candidates.

For highly skilled workers, initiatives such as the Key Employee Initiative (KEI) and the Specialist Employee Initiative (SEI) offer expedited processing and tailored criteria. The KEI requires applicants to have a minimum annual salary of €30,000 and relevant professional experience; while the SEI targets professionals earning at least €25,000 annually, necessitating appropriate qualifications or experience.

Investors and high-net-worth individuals can access:

• residency through programmes such as:
• • the Malta Permanent Residence Programme; and
  • the Malta Nomad Residence Permit; and
• even citizenship through Malta's citizenship by investment regulations.

Each of these mandate:

• specific financial contributions and investments in real estate; and
• a philanthropic element.

These tailored pathways aim to attract and retain talent and investment in sectors vital to Malta's economic growth.

3.7 What are the formal and documentary requirements for obtaining each kind of permit?

The documentation required for work permits is largely standardised across different permit types, with variations introduced primarily to address the specific requirements of targeted employee groups. For instance, while all applicants must provide fundamental documents such as:

• a valid passport;
• an employment contract;
• a Europass-format CV;
• proof of qualifications or relevant experience;
• comprehensive health insurance;
• a residential property lease – typically for 12 months; and
• in some cases, a health screening certificate.

Certain permits necessitate additional criteria – for example, the EU Blue Card requires:

• an employment contract of at least one year with a salary 1.5 times the national average;
• proof of higher professional qualifications;
• proof of health insurance; and
• a clean criminal record.

Similarly, the Self-Employment Permit requires:

• a minimum investment of €500,000 or the creation of at least three jobs for EU/EEA/Swiss nationals;
• prior approval from local authorities; and
• evidence of:
• • qualifications;
  • business plans; and
  • financial means.

These tailored requirements ensure that the permits align with the specific objectives and standards set for each employment category.

3.8 What fees are payable to obtain each kind of permit?

In Malta, the fees for obtaining work permits vary depending on:

• the type of permit; and
• the applicant's circumstances.

As of January 2024, the standard application fee for a Single Permit, which allows third-country nationals to reside and work in Malta, is €300. For highly skilled workers applying under the EU Blue Card scheme, the application fee is €140. The Employment Licence, a prerequisite for most work permits, incurs a fee of €150. Additionally, applicants requiring a National D Visa to enter Malta must pay a fee of €100, though this amount may vary based on the applicant's country of origin. These fees are subject to change and may not be refundable, even if the application is unsuccessful. Therefore, applicants should consult the latest information from official Maltese government sources or authorised agencies before proceeding with their application.

3.9 What is the process for obtaining a permit? How long does this typically take?

For third-country nationals applying for a Maltese work permit while residing abroad, the process is initiated by the prospective employer in Malta. The employer submits the application and if the application is approved, the applicant is issued an approval in principle letter, which includes guidance on applying for an entry visa and booking a biometric appointment. At the biometric appointment, a temporary authorisation to work is issued. The processing time for a Single Permit application is legislatively set at four months; however, the average processing time is closer to two months from the date of submission of applications accompanied by all required documents. For highly skilled workers applying under the KEI, the process is expedited, with permits issued within five working days from the submission of the application; whereas for the SEI, it is 15 working days.

3.10 Once a work permit has been obtained, what are the rights and obligations of the permit holder? What are the penalties in case of breach?

Upon obtaining a work permit in Malta, third-country nationals acquire specific rights and are bound by corresponding obligations. Permit holders are entitled to reside in Malta for the duration specified on their residence permit, provided that the conditions under which the permit was granted continue to be met. They:

• enjoy equal treatment with Maltese nationals concerning working conditions, including:
• • pay;
  • dismissal; and
  • health and safety in the workplace; and
• have access to educational and vocational training, recognition of diplomas and professional qualifications, and tax benefits, provided that they are deemed residents for tax purposes in Malta.

Permit holders may also apply for family reunification, allowing their spouse and minor children to join them in Malta, subject to certain conditions. Furthermore, they can travel to other European countries, provided that the total period of visits does not exceed 90 days within a 180-day period.

However, these rights are contingent upon the permit holder fulfilling specific obligations. They must engage only in the employment specified in their permit; unauthorised work or employment with a different employer without prior approval is prohibited. Permit holders must adhere to all national employment-related regulations, including:

• maintaining valid health insurance; and
• complying with health regulations issued by the Maltese health authorities.

They must promptly inform Identità of any changes in personal details, employment status, or other relevant information within three days of the change. Failure to comply with these obligations can lead to penalties, including withdrawal or revocation of the residence permit.

4 Settlement

4.1 What are the criteria for obtaining settlement in your jurisdiction? What restrictions apply in this regard?

Settlement in Malta (defined as the legal right to reside in the country for a long-term period – typically exceeding five years or on a permanent basis) can be obtained by two primary routes.

The first route is to apply for long-term residence status (regulated by Subsidiary Legislation 217.05). A third-country national must have legally and continuously resided in Malta for at least five years, without being absent for more than six consecutive months or a total of 10 months across the five years. Applicants must demonstrate:

• stable and regular financial resources;
• suitable accommodation;
• comprehensive health insurance; and
• sufficient integration – the latter which is confirmed through a state-run course called "I Belong".

The second route is through the Malta Permanent Residence Programme (MPRP) (regulated by Subsidiary Legislation 217.26). Third-country nationals can obtain permanent residence by:

• making a minimum financial contribution of approximately €80,000 to the government;
• investing in property (through either ownership or rental for prescribed minimum values of €375,000 and €14,000 respectively);
• making a minimum donation of €2,000 to a Maltese non-governmental organisation; and
• maintaining full health insurance.

Settlement through investment does not require prior residence in Malta.

While both forms of settlement may, over time, support eligibility for citizenship, neither grants any automatic or direct right to citizenship under Maltese law.

4.2 Do any specific rules apply to foreign citizens with ancestral connections?

Foreign citizens with ancestral connections to Malta are not subject to any special rules or preferential treatment when applying for settlement. The criteria for obtaining settlement – whether through an application for long-term residence or MPRP – apply equally to all third-country nationals, irrespective of ancestry.

Ancestral ties become relevant only in the context of citizenship, where individuals of Maltese descent may qualify for citizenship by registration. If clear evidence of Maltese ancestry exists, pursuing citizenship is generally far more advantageous than applying for long-term or permanent residence, as it eliminates the need for any residence permit. However, citizenship rights operate entirely independently of the settlement framework.

4.3 What are the formal and documentary requirements for obtaining settlement?

Applicants seeking settlement in Malta, whether through long-term residence or through the MPRP, must submit core documentation, typically including:

• a valid passport;
• copies of residence permits from all countries of residence;
• respective police conduct certificates;
• birth certificates;
• marriage or divorce certificates;
• military records, where applicable; and
• evidence of custody or formal changes of name where relevant.

Comprehensive health insurance and evidence of adequate accommodation are also mandatory requirements.

For a long-term residence application, applicants must additionally provide:

• a full chronological list of arrivals and departures from the European Union;
• evidence of effective residence in Malta for the preceding five years; and
• tax declarations for the last two years confirming stable and regular income equivalent to at least the national minimum wage.

Proof of integration is demonstrated by satisfactory completion of the "I Belong" programme, including achievement of the required pass mark, within 12 months prior to submission.

For settlement through the MPRP, applications must be submitted via a licensed agent acting under a duly executed power of attorney. In addition to the standard documentation, applicants must submit:

• a detailed statement explaining the original acquisition of their wealth and how it has developed over time; and
• an account of all current sources of income.

4.4 What fees are payable to obtain settlement?

Applicants for long-term residence must pay an application fee of €137.50. This fee covers the processing of the residence permit, which is issued for a period of five years.

For the MPRP – given that it is a residence by investment route – the financial commitment is much greater. For a family of four, the capital outlay based on the option of renting a residential property (as opposed to purchasing) is approximately €165,000, excluding rental costs, which must be of a minimum of €14,000 per annum for five years.

4.5 What is the process for obtaining settlement? How long does this typically take?

For long-term residence, applicants may submit an application directly to the respective government authority (Identità); however, it is statistically proven that working through an immigration specialist yields better outcomes and shorter processing times. After submission, the applicant is scheduled for a biometrics appointment. Processing typically takes between six and nine months from submission to decision.

For settlement under the MPRP, applications must be submitted via a licensed agent. Following submission, the respective government agency (the Residency Malta Agency) conducts a due diligence process, after which an approval in principle is issued. The applicant must then complete the financial and property obligations before attending a biometrics appointment for final issuance of the residence certificate. Based on estimates, the full process typically takes between eight and 10 months from submission of a complete application

4.6 Is the settlement process the same for EU citizens?

The settlement process in Malta is materially different for EU citizens, because they are not subject to the same settlement procedures as third-country nationals in Malta.

EU citizens benefit from rights of free movement under EU law and, upon legally residing in Malta for a continuous period of five years, automatically acquire a right of permanent residence.

EU citizens may, but are not obliged to, apply for a permanent residence certificate evidencing this right.

5 Dependants

5.1 What are the criteria to qualify as a dependant? What restrictions apply in this regard?

The criteria to qualify as a dependant for immigration purposes are primarily defined under:

• the relevant employment-related permits;
• residence programmes; and
• citizenship frameworks.

Typically, dependants include:

• the spouse or registered partner of the main applicant;
• minor children (biological or adopted); and
• adult children who are principally dependent on the principal applicant due to financial, medical or educational reasons.

In the context of investment-based residence programmes such as the Malta Permanent Residence Programme (MPRP) or the Maltese Citizenship by Naturalisation for Exceptional Services by Direct Investment (ESDI), dependants may also include unmarried adult children up to the age of 29 and parents or grandparents of either the main applicant or their spouse, provided that they are financially dependent on the main applicant.

Restrictions apply to ensure the genuineness of the dependency claim. Adult children must demonstrate that they are:

• unmarried;
• economically inactive; and
• wholly reliant on the principal applicant for financial support.

Parents and grandparents must similarly provide evidence of dependency.

In regard to residence permits, the dependants' status does not automatically confer independent rights; their residence status is linked to that of the principal applicant and if the principal's residence is revoked, dependants' rights may also be affected. Dependants are generally not allowed to engage in employment in Malta unless they obtain separate authorisation.

5.2 What rights do dependants enjoy once admitted as such?

In terms of residence, once admitted as dependants in Malta, individuals are granted the right to reside legally alongside the main applicant for the duration of the main applicant's residence status. They enjoy access to healthcare services, subject to the conditions attached to the main applicant's residence permit, and may access education in Malta, particularly where minor dependants are concerned. Adult dependants are not automatically entitled to work in Malta and may need to seek separate authorisation if they intend to engage in employment.

Dependants admitted in Malta through the residence or citizenship by investment regulations depend on the main applicant's compliance with annual mandatory compliance checks for five years after becoming a resident or citizen. However, they gain full independent rights five years after becoming a citizen.

5.3 How are civil/unmarried partners and same-sex partners treated in this regard?

In Malta, civil partners and same-sex partners are treated equally to married couples, including for immigration purposes. Malta's legislative framework – particularly the Civil Unions Act (Chapter 530 of the Laws of Malta) and the Marriage Act (Chapter 255) – recognises civil unions and same-sex marriages with full legal equivalence to heterosexual marriages. Accordingly, a civil partner or same-sex spouse qualifies as a dependant under the same conditions as a married spouse.

For unmarried partners who are not in a civil union or marriage, eligibility as a dependant is more restrictive and usually requires applicants to prove an exclusive two-year relationship. Certain residence programmes, such as the MPRP and Malta's citizenship by investment regulations (ESDI), may recognise long-term, stable relationships if substantial evidence of cohabitation and financial interdependence is provided. However, acceptance is discretionary and subject to the authorities' satisfaction regarding the stability and genuineness of the relationship.

In all cases, the status of the relationship must be formally proven through recognised legal or documentary means, such as:

• free status certificates to prove that the couple could get married in the future;
• civil registration certificates;
• cohabitation declarations; or
• equivalent public acts.

The underlying principle is equality of treatment, provided that sufficient evidence is furnished to substantiate the claimed relationship.

6 Intra-company transfers

6.1 Is there a specific regime for the transfer of employees from an overseas branch of a multinational to your jurisdiction?

Yes, Malta operates a specific regime for intra-corporate transfers under Subsidiary Legislation 217.21. Third-country nationals employed as managers, specialists or trainee employees may be temporarily transferred from an overseas entity to a Maltese host entity within the same undertaking or group. Applications must be submitted to Identità prior to arrival. Eligibility requires:

• proof of intra-group employment;
• relevant qualifications; and
• minimum prior employment periods of three to 12 months.

6.2 What is the maximum stay allowed under this regime? Can this be extended?

Under Malta's intra-corporate transfer regime, the maximum stay permitted is:

• up to three years for managers and specialists; and
• up to one year for trainee employees.

The initial information and communications technology (ICT) permit is issued for one year or the planned duration of the transfer, whichever is shorter, and may be extended up to the maximum limit allowed for each category. After reaching the maximum stay, the transferee must either depart Malta or apply for a different residence status; a mandatory six-month cooling-off period may also apply before a new intra-corporate transfer application concerning the same individual can be filed

6.3 What criteria must the employer satisfy to obtain a permit under this regime?

To obtain an intra-corporate transferee (ICT) permit in Malta, the host entity must demonstrate that it belongs to the same undertaking or group of undertakings as the sending entity established outside Malta. The employer must provide evidence of:

• the transferee's existing employment within the group;
• a valid employment contract or assignment letter detailing the terms of the transfer;
• proof of the transferee's qualifications or experience relevant to the role; and
• assurances that the transferee will be able to return to a group entity outside the European Union at the end of the transfer.

Additionally, the host entity must endorse the application and satisfy Identità that the transfer is:

• genuine;
• temporary; and
• compliant with applicable labour and immigration regulations.

6.4 What are the formal and documentary requirements to obtain a permit under this regime?

An application for an intra-corporate transferee permit must include:

• a completed application form endorsed by the host entity;
• evidence that the sending and host entities belong to the same undertaking or group;
• proof of prior employment within the group for the required period;
• a valid employment contract and assignment letter specifying the duration and conditions of the transfer;
• proof of the transferee's qualifications or, for trainee employees, a university degree and a training agreement;
• valid travel documentation;
• proof of health insurance; and
• confirmation of accommodation in Malta.

Where applicable, documentation certifying the recognition of professional qualifications must also be provided.

6.5 What fees are payable to obtain a permit under this regime?

The fee payable for submitting an application for an intra-corporate transferee permit in Malta is €300. This fee is payable upon submission of the application to Identità and applies whether the application is made for a first-time permit or for a renewal. The fee is non-refundable, even in cases of refusal or withdrawal of the application.

6.6 What is the process for obtaining a permit? How long does this typically take?

The application for an intra-corporate transferee permit must be:

• submitted to Identità before arrival in Malta; and
• endorsed by the Maltese host entity.

Upon submission, the application undergoes verification to ensure that all eligibility conditions and documentation requirements are satisfied. If approved, the applicant may proceed to travel to Malta and attend a biometrics appointment. The legislation provides no fixed processing time; however, in practice, the process typically takes between two and four months from the date of complete submission, depending on:

• the complexity of the application; and
• any administrative clarifications required.

7 New hires

7.1 Are employers in your jurisdiction bound by labour market testing requirements before hiring from overseas? Do any exemptions apply in this regard?

Yes, employers in Malta are generally bound by labour market testing requirements before hiring third-country nationals. When submitting a Single Permit application, employers must demonstrate that no suitably qualified Maltese or EU/EEA national is available to fill the position. To achieve this, the position must be advertised through Jobsplus for a reasonable minimum period – usually around seven to 10 working days; only after that period elapses and no eligible candidates have been identified can the employer proceed with a foreign hire.

Exemptions from labour market testing apply to certain categories, particularly highly skilled workers applying under the Key Employee Initiative (KEI) and the Specialist Employee Initiative (SEI), where streamlined processes eliminate the need for labour market testing if salary and qualification thresholds are satisfied. Other exemptions may apply in sectors facing recognised labour shortages, where administrative policy facilitates faster processing without requiring a formal test.

7.2 If labour market testing requirements apply, how are these satisfied and what best practices should employers follow in this regard?

When labour market testing applies in Malta, employers must advertise the vacancy through Jobsplus for at least two weeks to confirm that no suitable Maltese, EU/European Economic Area/Swiss national is available. Employers must:

• maintain detailed records of the recruitment process;
• justify any rejections; and
• submit proof of the vacancy closure.

Best practices include:

• specifying clear job requirements;
• maintaining full transparency; and
• communicating proactively with Jobsplus.

Labour market testing does not apply to highly skilled workers recruited under the KEI or the SEI.

7.3 Which work permits are primarily used for new hires? What is the process for obtaining them and what fees are applicable, for both employer and employee?

The primary work permit used for new hires in Malta is the Single Permit, which allows third-country nationals to reside and work in Malta under a single authorisation. The process begins with the employer submitting the application to Identità, accompanied by the required documentation, including proof of labour market clearance where applicable. Upon provisional approval, the employee:

• applies for a visa if necessary; and
• attends a biometrics appointment in Malta.

The standard fee payable is €300 for the Single Permit application.

There are no mandatory government fees imposed on the employer separately from the application fee. Employees are responsible for visa fees where applicable and for costs associated with compiling the required documentation. However, it is highly recommended that an employer uses the services of immigration specialists to avoid incorrect or incomplete applications, which may delay the process or, in worst-case scenarios, result in rejected applications.

7.4 Is labour market testing required if the new hire is to extend his or her residence?

Labour market testing is not required when a third-country national applies to extend or renew an existing residence permit in Malta. Once a worker has been lawfully employed under a valid Single Permit, subsequent renewal applications are assessed primarily on the basis of continued compliance with permit conditions, such as:

• ongoing employment with the same employer;
• fulfilment of tax and social security obligations; and
• maintenance of appropriate accommodation and health insurance.

A new labour market test is triggered only if the employee seeks to change employer or significantly alter the terms of employment.

7.5 Can new hires apply for permanent residence?

New hires may eventually become eligible to apply for permanent residence in Malta, but only after satisfying specific conditions.

A third-country national must:

• have legally and continuously resided in Malta for at least five years under a valid residence permit, without significant absences; and
• meet additional requirements related to:
• • stable income;
  • adequate accommodation;
  • health insurance; and
  • integration.

Employment under a Single Permit counts towards this five-year residence requirement. However, obtaining a work permit alone does not confer immediate eligibility for permanent residence; the right accrues over time through:

• lawful, uninterrupted residence; and
• fulfilment of all long-term residence criteria.

Depending on other aspects, a new hire may opt for permanent residence through the Malta Permanent Residence Programme (MPRP). An MPRP application does not infer automatic rights to work in Malta. However, it simplifies the process for obtaining the necessary permission to start gainful employment in Malta from the relevant authority (Jobsplus).

8 Sponsorship

8.1 Are any licences or authorisations required to sponsor foreign nationals? What other criteria apply in this regard?

In Malta, no separate licence is generally required for an employer to sponsor foreign nationals beyond:

• possession of a valid business registration; and
• where applicable, compliance with sector-specific regulatory requirements.

However, employers must satisfy specific criteria to act as sponsors, including:

• maintaining a legitimate and operational business;
• demonstrating compliance with employment and social security laws; and
• for employment-based sponsorships, obtaining labour market clearance from Jobsplus where necessary.

In certain specialised programmes, such as the Start-Up Residence Programme, additional authorisation from Residency Malta Agency may be required. Sponsoring employers are expected to ensure that the employment offer:

• is genuine;
• meets minimum wage thresholds; and
• is accompanied by appropriate employment conditions.

8.2 What obligations do sponsoring employers have to ensure continued immigration compliance?

Sponsoring employers in Malta are obliged to ensure that the employment relationship complies continuously with immigration and labour laws. They must notify Identità of any changes affecting the foreign worker's employment, including:

• termination;
• changes in job role; or
• changes in contractual terms.

Employers must:

• maintain accurate records relating to the employee's:
• • residence status;
  • tax payments; and
  • social security contributions; and
• ensure that the worker is employed under the conditions approved in the residence permit.

They are also responsible for:

• cooperating with inspections or audits conducted by Jobsplus or Identità; and
• taking reasonable measures to prevent illegal employment.

Failure to comply may result in:

• administrative penalties;
• revocation of the sponsored employee's permit; and
• reputational consequences for the employer

8.3 Are sponsoring employers subject to any local training requirements?

In Malta, there are no general legal obligations requiring sponsoring employers to provide local training to foreign nationals as a condition of sponsorship. However, sector-specific schemes, such as initiatives promoted under the National Employment Policy 2021–2030 and strategic workforce development plans, encourage employers to invest in the upskilling of both local and foreign employees. Additionally, certain residence programmes or labour market clearance processes may favour employers that demonstrate commitments to workforce training and professional development. Nonetheless, from a strictly legal standpoint, no mandatory training requirements are imposed on sponsoring employers under the general corporate immigration framework.

8.4 How is compliance with the sponsorship regime monitored? What are the penalties for non-compliance?

Compliance with the sponsorship regime in Malta is monitored through administrative controls by Identità and Jobsplus. Employers are subject to routine inspections, document audits and verification checks to ensure that foreign nationals are employed in accordance with the approved terms of their residence permits. In addition, random or targeted site visits may be conducted to detect irregular employment practices.

The penalties for non-compliance include:

• administrative fines;
• cancellation of the sponsored employee's residence permit;
• disqualification from future sponsorship eligibility; and
• in severe cases, prosecution under the Immigration Act or employment law provisions.

Non-compliance may also result in reputational consequences and increased scrutiny in future immigration or employment-related dealings with the authorities.

9 Trends and predictions

9.1 How would you describe the current immigration landscape and prevailing trends in your jurisdiction? Are any new developments anticipated in the next 12 months, including any proposed legislative reforms?

Malta's corporate immigration system is structured around the Immigration Act and key subsidiary legislation, administered by:

• Identità;
• the Residency Malta Agency; and
• the Community Malta Agency.

The policy remains selective and controlled, aimed at balancing economic needs – particularly in sectors such as information and communications technology, gaming, financial services, healthcare, construction and hospitality – with rigorous due diligence and integration measures.

Current trends show increasing reliance on third-country nationals to address labour shortages, alongside an expansion of fast-track schemes such as the Key Employee Initiative and the Specialised Employee Initiative. Demand for the Nomad Residence Permit continues to grow, reflecting global remote work patterns; while enhanced due diligence standards strengthen Malta's investment migration pathways. Sector prioritisation remains a core feature of immigration policy.

In the coming 12 months, developments are expected to include:

• tighter controls around the sponsorship of low-skilled workers;
• greater digitisation of application processes by Identità;
• updates to the Malta Permanent Residence Programme to align with EU standards;
• a revised labour shortage list prioritising the fintech and green energy sectors;
• the adoption of new EU Blue Card salary thresholds; and
• the modernisation of Immigration Appeals Board procedures.

Additionally, Malta's citizenship by investment programme – formally known as the Exceptional Services by Direct Investment Regulations –

is currently being revised by the Maltese government, following the ECJ's decision that operating such a programme was not compliant with some of the EU's articles. Like all other EU member states, Malta has sovereignty over the processes and prcoedures for granting citizenship, however the ECJ ruled that such sovereignty cannot be executed, with any form of detriment to other member states. As a leader in this field, Malta is expected to deliver new, ground-breaking regulations for citizenship – potentially enshrined within citizenship by discretion - before the end of Q3 of 2025.

10 Tips and traps

10.1 What are your top tips for businesses seeking to recruit talent from abroad and what potential sticking points would you highlight?

Businesses recruiting foreign talent in Malta should ensure early compliance with labour market testing by clearly defining job roles when registering vacancies with Jobsplus. Where available, fast-track routes such as the Key Employee Initiative and Specialist Employee Initiative should be leveraged. Employers must:

• maintain accurate records;
• promptly notify Identità of employment changes; and
• ensure that employment terms match those declared in permit applications.

Specialised pathways such as the Nomad Residence Permit and the intra-corporate transfer regime offer further strategic flexibility.

Key risks include:

• rigid labour market testing;
• upcoming tighter controls on low-skilled sponsorships;
• administrative delays linked to digitalisation efforts; and
• heightened due diligence in investment migration pathways such as the Malta Permanent Residence Programme (MPRP).

For businesses seeking to secure long-term stability for their senior executives, strategic use of residence-by-investment options such as the MPRP or citizenship routes under the Exceptional Services by Direct Investment framework can offer a direct path to permanence and security, ensuring corporate continuity and executive retention in Malta's increasingly competitive environment.

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.