Non-EU's Working in Malta--No More?

  New Job Permit Laws Put the Squeeze

    on Non-EU's Seeking Work in Malta

As if it wasn't bad enough when I first applied and miraculously got my EFL job here in Malta, it's gotten a lot worse since almost 18 months ago. New legislation has gone through about a month ago, making it even harder for Non-EU's to get and keep work of almost any kind. One reason is that employers must go through so much to try to apply for a Non-EU that it makes it almost not worth it for them at all.

Before I give you a link to the site which tells all--but explains nothing--here are the major differences between when I applied and when you apply now. Bear in mind that this applies only to Non EU's--not to EU's wanting to work in Malta (or their dependents):

1. Last time I was able to fill out all the necessary forms (and there are many, believe me), have my employer sign them and then and bring them to the ETC myself. I could also follow-up on them myself which an employer often doesn't have the time to do. But now, only the employer can actually send or bring in the forms to the ETC for the Non-EU he/she wants to hire. From what I understand, the prospective Non-EU worker will not be allowed to apply for him/herself.

2. Any Non-EU applicant must go through a special qualifying process through a separate organization now. Before, the ETC itself checked your qualifications--word-for-word--even though your prospective employer wanted to hire you.

3. If your application even gets this far--meaning that your VISA is good and up-to-date to the minute and your qualifications are accepted, your employer MUST prove with documentation that it had tired but failed to hire a Maltese or EU candidate for your position. The employer must actually put out ads for your position through the ETC, locally and throughout Europe for your position. It must show that it interviewed suitable candidates and that none met the qualifications or that none showed up. Before, when I applied, the employer had to indicate on the form that it had made some effort to hire a Maltese and why you--with your unique Non-EU qualifications--were better suited to the position more than anyone else here in Malta.

4. You have to go through a medical examination and get a TB chest X-ray. I didn't have to undergo any medical exam.

5. And here's the clincher, I believe. The employer must provide and pay for private health insurance for the non-EU employee before the position begins. The employer must provide by documentation that it has done so for the final permit to be granted. In my case, I had to show that I had private health insurance when I applied for residency, but not for the employment license. I think this is the final draw for most employers. How many will want to pay for private health insurance for an employee when all their other Maltese and EU employees get the national health insurance for which they contribute through their salary?

6. All this time, work and documentation must be submitted before your non-EU VISA runs out--in which case the process must begin anew after the VISA is renewed.

7. Finally, if you get the job after all this--the permit will only be granted for a year. Then you and your employer must apply for a renewal of the application and much of the process must be repeated. And here's the part that's the worse from my perspective: No matter what, your job permit with the ETC will only be renewed up to three times. That means that unless you have another way of supporting yourself from income outside of Malta--or become officially associated with an EU member--you won't be able to work again in Malta. And that means you may have to leave Malta.

This is very sad. Yes, yes, yes, I know how strict they are in the US with foreigners working there. But I think it's a sad thing in general because I think a country needs some foreign blood to increase and diversify its talents.

Here is the ETC link to the new regulations:
http://www.etc.gov.mt/site/page.aspx?pageid=2305

Scroll down to the paragraph where you can download the new guidelines.

I don't know what else to say about the new regulations. Maybe you have something to say and I'd really like to hear it, as usual.

Comments

[Sennuwy (an ancient Egyptian name)]

Hi Step--Thanks for your honest opinion--Ilene

[USMLE Step 1]

I think Malta is just doing the right thing to secure their borders. Kudos to this righteous policy.

[Sennuwy (an ancient Egyptian name)]

Thanks again, Ricky, for your comment. If only nations would focus on the bad guys more and less on the average, well-meaning, law-abiding immigrants like us xxx Ilene

[Sennuwy (an ancient Egyptian name)]

Hi Ricky--thanks for the info; this is getting very scary, isn't it? Ilene

[Ricky]

Another interesting development! Read this post on the Times of Malta today:
http://www.timesofmalta.com/articles/view/20100728/local/chinese
A non - EU employing a non - EU without work permit - whether he is aware of it or not - gets his own work permit and even his residence permit revoked and has to leave Malta. Hmmmm ............

[Sennuwy (an ancient Egyptian name)]

Thanks, Ricky, for your comment. I don't know if it will comfort anyone going through this in Malta, but it's useful to know that it's not just the Maltese. So what is a Non-EU who wants to live in Europe supposed to do? Seriously?--Ilene

[Sennuwy (an ancient Egyptian name)]

Hi Matt--Thanks for your comment. Yes, I've spoken to a few people who have emigrated to the US and it is very tough--Ilene

[Ricky]

That's true!

I just checked the rules and regulations for work permits for non-eu's in Germany and they are at least as stiff as here in Malta.

For one thing you need a residence permit before you can apply for a work permit not the other way around like in Malta and it is very difficult to get the residence permit in the first place.

And the list of options for non-eu's are just as specialized as here in Malta basically being limited to academic posts and very specialized jobs like chef cooks.Even then the 'Arbeitsamt will try to fill the position from their list of unemployed and if a candidate declines a suitable position his unemployment benefits will be cut.

But,when you get the work permit in Germany you can generally count on getting it renewed and not having to fear not getting a renewal after 4 years in Malta.

So it is not just Malta but world-wide trend to protect local job markets.

[Matt Tomich]

As tough as it is, this legislation isn't unique to Malta. It is getting harder throughout the entire EU for non-EU citizens.

However, you could also say that the EU just coordinating their laws with what it takes to work as a foreigner in the U.S.! Try getting anything without a driver's license, and try getting a driver's license without a Social Security card - and try even going anywhere to apply for a Social Security card without driving! Talk to anyone who has ever immigrated to the U.S., even through what should be an easy route such as marriage, and you'll hear an earful!