Working—or NOT Working in Malta

 

                  What They Tell You…

                   and What They Don’t

 

Here is information (in British-English spelling style) directly quoted from an recruiting agency website associated with a private company called CSB Group, which helps businesses set up or relocate to Malta.  I have provided this for informational purposes only; I do not endorse any of the services here nor am I responsible for any good or bad outcomes from anyone using this information. 

However, from my own experience, I do think the basic information is quite accurate about what’s required for EU and Non-EU citizens who want to work on Malta.

Vacancy Centre.com

Non-EU Citizens Working in Malta

Citizens from non-EU members states wishing to seek employment in Malta are required to submit an application form requesting the issue of an employment licence to the relevant authorities at least three months before he/she is due to undertake employment in Malta. As a matter of policy, non-EU citizens will only be granted an employment licence in circumstances where no suitable EU citizen is found for the vacancy. It is important to emphasise that the employment licence is obtained by the candidate before he/she actually undertakes employment in Malta, as any detected breaches of this legal requirement are liable to substantial fines.

The following documents must be submitted by a non-EU citizen wishing to apply for an employment licence:

1. Application form for an Employment Licence, duly completed and signed by both the candidate and the prospective employer.

2. Certified Copy of the page/s of the candidate's Passport containing personal details/ photograph and his/her visa to stay in Malta (if candidate is in Malta at the time of application)

3. Covering letter setting out detailed information relating to the reason for the candidate's employment and his/her proposed functions.

4. the candidate's Curriculum Vitae 

5. Proof of the candidate's Qualifications/ Testimonials

6. one (1) passport-type photograph of the candidate

7. Copy of letter issued by the Senior Executive of the Employment Services Department to the employer confirming the unavailability of an EU citizen for the job in question.

All documents must be in the English language.

All applications relating to non-EU citizens are also cleared through the Immigration Office and any other departments as the authorities may consider appropriate before a final determination is given as to the granting or refusal of the employment licence is granted. Prospective candidates being non-EU citizens should note, as a general guideline, that employment licences are usually issued to non-EU citizens in circumstances where such employment may be justified on the basis of particular skills possessed by the candidate, which are not available from candidates being EU citizens. The issue of such permits also depend largely on whether or not the prospective employer wishes to pursue the application.

WHAT THEY DON’T TELL YOU:  After a maximum of four consecutive years, the ETC of Malta will not grant a non-EU citizen another permit—no matter what—unless the Non-EU applicant leaves the country for 6 months before applying for any other Employment Licence here in Malta. 

EU Citizens Working in Malta

In-keeping with the fundamental principle of free movement of workers within the EU, persons holding a passport issued by an EU member state are entitled to reside and work in Malta without restriction. Indeed, whilst EU citizens are free to seek employment in Malta, they are required to obtain both a residence permit and an employment licence issued by the relevant authorities in Malta, which are essentially required for statistical and monitoring purposes.

Such licence is required irrespective of the duration of the candidate's employment. By way of exception, it is pertinent to mention that some restrictions may apply in respect of EU citizens seeking employment in the public sector. It is important to emphasise that the employment licence is obtained by the candidate before he/she actually undertakes employment in Malta, as any detected breaches of this legal requirement are liable to substantial fines. 

The documents required for the issue of an employment licence in respect of an EU citizen are the following: 

1. Application form for an Employment Licence, duly completed and signed by both the candidate and the prospective employer. 

2. The candidate's Curriculum Vitae.

3. Proof of the candidate's Qualifications/ Testimonials

4. Certified Copy of the page/s of the candidate's Passport containing personal details/ photograph.

5. One (1) passport-type photograph of the candidate. 

All documents must be in the English language.

A residence permit is required where any EU citizen remains in Malta for a period exceeding 3 months.

More to come on links to official information on residency requirements.

Comments

[Sennuwy (an ancient Egyptian name)]

Dear Misty--Yes, yes, I can understand what you're going through. You didn't say where you were from, but you said you're non-EU and that's enough, I guess. In answer to your questions: Yes, it's very common for non-EU's to be rejected even when an employer wants them. The usual reason is that the employer hasn't proven that no one but the non-EU can perform the job. The reconsideration process can take anywhere from immediately to a couple of months. Here's the problem, though: A non-EU must always take responsibility for filing the papers him/her self to the ETC. In this case, you never know if the accounting firm ever did apply for you. And you must be the one to follow up with the ETC. So the general rule is this: As a non-EU, you find the employer, you get the application, you get the employer to sign the necessary papers, you bring them to the ETC--and you keep following up. I hope you find another employer, Misty. And I hope it works for you this time. And G-d Bless you, too---Ilene

[Misty Lady]

Hi Ilene. I came across this site when I was searching for "working permit rejection in Malta." I hope you could read my sentiments.

Last July of this year, I was hired by an accounting firm in Malta. I signed a contract in August. Then the accounting firm applied for a working permit on Aug. 31, 2009. I was told that it would take 3-4 months to process.

On Nov. 3, 2009, I e-mailed the accounting firm and naturally, I asked how things were going since it had been two months. They told me that the result of the application was negative. However, they told me that they were applying for reconsideration.

When I read in your article that a reconsideration is hardly ever granted, I was devastated. The accounting firm had stopped e-mailing me and honestly at this point, I don't want to bug them anymore.

I noted that you also applied for reconsideration. I hope you wouldn't mind my asking of the following:
- Is it common for non-EU nationals to be rejected even when there is an employer willing to hire them?
- How long does it normally take for the reconsideration process?

Thanks and Godbless.

[Sennuwy (an ancient Egyptian name)]

Hi Willy, You're always a help just by expressing your concern. Yes, if you know of a Dutch publication that takes English articles, let me know. That would be great! Hope you're doing well. Sounds like you are xx Ilene

[Willy]

Hi Ilene,

I can try to add idea's like working as a freelancer for a Dutch magazine, adviser for new non-EU expats, since you're more or less an expert on this matter, but I think you've thought about all this already, because YOU'RE NOT STUPID?

Love,

Willy

p.s. can I be of any help from here?

[Eagle]

ok ok, otherwise I need to bring the flying cape as well :)

[Sennuwy (an ancient Egyptian name)]

Hey Eagle--I'm just pulling your talon (get it?). Forget about little old me, pack your stuff and we'll get together for a nice chat in December--and we'll talk about better things--Ilene

[Eagle]

Hi Ilene
I am supposed to be channelling my energy into packing boxes :), found this to be more interesting so here I am. Hopefully to be in Malta by December.

This is not my area, however I have done a few things like this in the past, for myself and some associates. I wouldnt charge for this, as I am not giving advice only general guidelines.

If its urgent I could schedule a call in the next few days, otherwise it would need to wait till I am in Malta.

[Sennuwy (an ancient Egyptian name)]

Hi Dee--Thanks for thinking I'm not stupid xx Ilene

[Sennuwy (an ancient Egyptian name)]

OK, Mr. Eagle, when are you free--and how much do you charge?--Ilene

[Eagle]

dont believe you're stupid either, takes courage to do a move across the atlantic.
Get a good advisor and grill him/her with all your questions and let them figure out a solution.

[Dee Owen]

Ilene, Your are not 'stupid' - I believe you have the 'will' and you will find the 'way'!

[Sennuwy (an ancient Egyptian name)]

Hi Eagle--thanks, really, for your inspiring words and for reading the blog. It's people like you who make it all worthwhile. I hope someone does come along and offer me some specialist advice because I'm truly too stupid to start a real company ;-)--Ilene

[Eagle]

I know it looks daunting, however I've followed your blog for awhile from the sidelines, without commenting. It has been an inspiring read, you have had your ups and downs, but finally you found a way to make it work.
I think after a few days of letting this dissipate, you'll probably find a solution.

By setting up the company I was only referring to the legal structure through which you would operate. All other things generally would remain the same, but perhaps you have someone who could offer you some specialist advice.

I'm keeping my fingers crossed for you
Best wishes

[Sennuwy (an ancient Egyptian name)]

Hi there, my friend--no, this doesn't apply to permanent residents--because permanent residents are never allowed to work in Malta in the first place. Long-term residents are a different category. They are allowed to work. But they don't qualify for long-term residence (or citizenship) if they leave the country for six months in the five years preceding their application for long-term residence or citizenship. Remember the war novel "Catch-22' by Joseph Heller? This is mother of all Catch 22's.

[Sennuwy (an ancient Egyptian name)]

Hi Eagle, thanks again for all your ideas. The information on having to leave for six months is my own information directly from my contact at the ETC. It is official information--which is NOT printed on any other sites wanting to attract NON-EU expats to Malta. Again, the information I have is from a contact directly from the ETC via email from the ETC. That's that.

As for your other ideas for setting up a company, my head is spinning from all this. I would need a legal person/accountant to go through all this with me. Thanks again. Keep up the good work. Basically, I don't want to set up some kind of business (except as a freelance writer as I am now); I want to stay in Malta and continue to teach at the school where I am now--where I want to stay and where they want me to stay--Ilene

[Eagle]

Hi Ilene

Finally found out how to address you, I have read this over and looked at it a little more closely. A few things going on at the same time which I think we need to keep into perspective.

1) The source of this is not an official government source, and I believe they are displaying some of the info which they gained from gov websites.
So we need to take care and not blow this one out the water unless we are able to confirm it from an official source irrespective of how accurate it seems on this site. I also do not see any reference to the licence being revoked after x years.

2)This seems to apply only to those who are seeking salaried employment. It does not apply to permanent residence holders,contractors etc or other non eu types. At least its not worded that way.

3) A viable option which is done all the time here in Switzerland (where I am currently) is to set up a small company and then contract through that company. Its fairly easy to do, allows more deductables, however they may be restrictions if the company is a Maltese company with Non EU directors and you would need a little advice on that.

4)Or setup the company in any of the EU jurisdictions eg Ireland, and then install yourself as branch Manager in Malta. Legally they cannot prevent another EU registered company to operate in the territory.Ireland has an even lower tax than Malta, but could get complicated, depending on your personal situation.

5) I dont know if it exists in Malta , but there are companies specialising in this type of outsourcing, and they would normally take a cut for this ranging from 5-20%. You would need to see what the going rate is. However generally they would take care of the admin.

I do think there are loads of options on this ,if you are able to find some flexible ideas on how the employment licence is looked at. Thats my interpretation anyway,

Best regards