The Expatriates Unit is involved in the legal migration process and caters for the processing and issuing of residence documentation. This involves the implementation of the provisions of national legislation with regards to the EU nationals’ freedom of movement and other regulations concerning third-country nationals residence documentation.
EU nationals exercising their Treaty Rights in Malta are issued with a residence document that reflects their immigration position in Malta. Whilst third-country nationals are issued with a residence permit which authorizes them to legally reside in Malta and gives them the mobility to freely travel without a visa within the Schengen Area and cross its external border. In accordance with the Identity Card Act (Cap. 258), both residence document and residence permit shall serve the purpose of an identification documen
Third World Countries Citizens
For Non EU NationalsEmployment licenses must be applied for by the employer and not by the jobseeker.
Third country nationals who are eligible for the Single Permit Application still require an employment license, which process is conducted by means of internal arrangements between ETC and the Department for Citizenship and Expatriate Affairs, some of the documentation indicated in the contents below still applies in their respect.
Documentation required
In the case of an application for a new employment license for a third country national, the process is as follows. The employer, unless it is a single permit application must fill in an application form and submit it to the Employment Licenses Unit by hand or by mail.
The following documentation needs to be provided at application stage:
- Application form
- Curriculum vitae
- Position description
- References/testimonials
- One passport photo
- Copy of travel document
- Copy of valid visa (if third country national is in Malta)
- Copy of qualification certificates and accreditation/recognition
- Covering letter by employer indicating site of work
- The fee
- Evidence of search for EEA/Swiss/Maltese nationals through a detailed vacancy report
The following documents must also be supplied, depending on the case as indicated:
- A valid police certificate (if the foreign national is an asylum seeker or a person enjoying Subsidiary Protection/Temporary Humanitarian Protection Status and Refugee Status;
- A valid police certificate (if the foreign national is an asylum seeker or a person enjoying Subsidiary Protection/Temporary Humanitarian Protection Status and Refugee Status;
- Valid certificate issued by the Refugee Commissioner in the case of THP5 s/SPs, Refugees and Asylum Seekers
- Proof of long-term residence status, or of relation to long-term resident, where applicable
- Evidence from a medical specialist in the case of a home-based foreign career
- A power of attorney signed and attested by a Notary, Advocate or Public official, when a person applies or withdraws an application on behalf of another, in the case of a home-based career
- Birth certificates of children, if not born in Malta, if application is for nanny
- Proof of relationship to diplomat, if application is for family member of diplomat
- Approval of the regulatory body, in the case of applications for third country nationals to perform a regulated profession
- Health clearance form in the case of third country nationals already in Malta
- Proof of study in Malta, in the case of students
- Proof of relationship with EEA/Swiss national in the case of TCN dependent on EEA/Swiss national
- Power of attorney, if application is submitted on behalf of an elderly person or a person with disability.
- Single Permit
- Self-employment
- Economic self-sufficiency
- Study and Researchers
- Family Members
- Long-term residence
- Exemption under national legislation
- Highly qualified employment
- Intra-corporate Transferees
- Refugees, Subsidiary Protection & SRA
- Other reasons
he Expatriates Unit issues a residence permit, in a card format containing biometric features, to third-country nationals which grants them the right to legally reside in Malta.
The single permit authorizes third-country nationals to legally reside and take up employment in Malta for a defined period which may be further renewed. Such application is processed by a means of a single application procedure, which includes the application of a work and residence permit.
A third-country national may engage in self-employment activities provided that Jobsplus have issued an employment license in his/her respect for the mentioned purpose. Such authorization is reflected by means of a residence permit issued by Identity Malta Agency.
Third-country nationals who plan to submit an application for a temporary residence permit on the basis of economic self-sufficiency (refer to form with checklist) must be in possession of a valid authorisation to reside in Malta. Such authorisation may be in the form of a residence permit or a visa. Applications may be submitted by high-net-worth beneficiaries of local residence investment or tax programmes, including the Global Residence Programme, the Malta Residence and Visa Programme, Malta Retirement Programme and Acquisition of Citizenship.
Residence permits are issued to third-country nationals for the purpose of study, research, training and voluntary service (in the mobility project for young people) under the provisions of Subsidiary Legislation 217.22.
Students have to submit their application online by clicking on the following link: http://noneu.identitymalta.com
For more information how to use this online application platform please click here.
These regulations apply to third-country nationals accepted by an institution licensed by the National Commission for Higher Education to pursue a full-time course of study leading to a higher education qualification. The qualification must be recognised by the Malta Qualification Recognition Information Centre at MQF level 5. Courses may also include a preparatory programme which leads to the higher-education qualification. Third-country nationals who are visa exempt must submit their application for a residence permit within three months from their date of entry within the European Union territory. Other non-European nationals who need a visa to travel to the Schengen Area must be in possession of a visa issued for education purposes. Applications must be submitted by the applicant in person whilst in Malta.
Residence permits are also granted for the purpose of study whenever the course level does not fall under specified the levels in Subsidiary Legislation 217.22.
Third-country nationals who proceed to Malta to seek medical treatment may be granted a residence permit, provided that all necessary documentation is submitted to Identity Malta Agency.
Persons who qualify under the conditions stipulated in Subsidiary Legislation 217.06 are issued with a residence permit for the purpose of family reunification with the sponsor, who has already been issued with a residence permit in Malta. This legislation can be found on https://legislation.mt/eli/sl/217.6/eng/pdf
In the case of those family members who do not satisfy the conditions of the said legislation, they may be granted a residence permit to reside in Malta if they fulfil the criteria set out in the policy related to family members. The family members policy may be accessed through the following link.
Third-country nationals who (i) have been legally and continuously residing in Malta for a period of five (5) years or more, (ii) have stable and regular resources, (iii) have their own accommodation and (iv) fulfil integration measures (outlined in Subsidiary Legislation 217.05), may apply for the long-term residence status (refer to checklist). The status of long-term residents is permanent and the residence permit would be issued for a period of five (5) years.
Non-Maltese partners of citizens of Malta are issued with a residence permit provided that the relationship is a stable and a genuine one, amongst other conditions laid.
The Immigration Act provides for certain categories of persons who are exempted from requiring the permission to legally reside and work in Malta. Beneficiaries enjoying such status include foreign spouses of Maltese citizens and children under 21 years of age of foreign spouses and Maltese citizens. On application, they are issued with a residence permit to reflect their status.
Third-country nationals who satisfy the conditions of entry and residence for the purpose of highly qualified employment (Subsidiary Legislation 217.15, implementing EU Council Directive 2009/50/EC) shall be issued with a residence permit entitled EU Blue Card.
Key Employee Initiative
The Key Employee Initiative is a national scheme which fast-tracks the application process for single permits of highly specialized professions.
Who is eligible to apply under the Key Employee Initiative?
- A key employee is a highly-skilled person who is pivotal in the smooth running of an organization.
- For the purpose of this initiative, key employees receive a minimum basic annual salary of €30,000.
- They should occupy a managerial or highly-technical posts which require sufficient qualifications or adequate experience in various employment sectors.
- Such persons could be covered by either a definite or an indefinite employment contract.
An intra-corporate transfer is a temporary secondment for occupational and training purposes of a third-country national (TCN) from an undertaking established outside Malta to a local entity which is part of the same undertaking. The transfer may also take place from an entity established in another Member State of the EU to a host entity in Malta. The admittance of such persons is regulated by Subsidiary Legislation 217.21
Third-country national seasonal workers may be issued with a residence permit for the purpose of employment as long as they satisfy the conditions outlined in Subsidiary Legislation 217.20.
A Posted Worker in Malta is an employee of a foreign undertaking who does not normally work in Malta but is sent to work in Malta for a limited period of time by the foreign undertaking. The said workers are required to register such posting with the Department for Industrial and Employment Relations. Identity Malta Agency will issue a residence permit to reflect such posting for a limited period of time, provided that they produce the necessary documentation from the said Department.
The granting of Refugee and Subsidiary Protection status is the responsibility of the Refugee Commissioner. Following the issue of the certificate confirming such status, Identity Malta Agency will issue a residence permit and the relative documentation on submission of an application.
Persons, whose application for international protection has been finally rejected by the relevant asylum determination authorities, may apply for the immigration status entitled Specific Residence Authorisation (SRA). The eligibility for the said status shall be assessed on the basis ofthe criteria and guidelines outlined in the policy. The assessment shall be carried out by Identity Malta Agency in cooperation with the pertinent Immigration authorities.
There could be other reasons which could justify the issue of a residence permit and the relevant requests are assessed on a case by case basis.