Malta for a long time has been a popular destination in the heart of the Mediterranean for TCNs. The policy sets the requirements and the TCNson what is required covering immigration, education, healthcare, verification of qualification and more..

There a distinction between the category of people depending on were they come from and their citizenship and nationality.

Under the category of a third-country national?

TCNs are individuals who are not citizens of the European Union, European Economic Area (EEA) or Swiss nationals.

TCNs usually require a Schengen visa to enter Malta, unless they are from a visa-exempt country. TCNs in receipt of a Schengen visa will only be allowed to stay in the Schengen Area for the duration mentioned on the visa itself whilst visa-exempt TCNs are allowed to stay in the Schengen Area for up to 90 days within a 180-day rolling period. Once the Schengen visa has expired, a TCN cannot remain in Malta unless there is a valid legal basis for their continued stay. A TCN can remain in Malta based on:

employment;

self employment;

self sufficiency;

study, research, training and voluntary organisations;

family member of an individual residing in Malta;

health reasons;

refugee and subsidiary protection.

The most popular legal basis is through employment.

Although a Schengen visa grants TCNs the ability to visit Malta and other Schengen countries for a specific period, the Schengen visa does NOT serve as a work permit. To be able to work in Malta TCNs need a single permit.

A single permit is issued to a TCN for the purpose of working and residing in Malta. TCNs who are residing in Malta for other purposes than work will be granted a residence permit.

The single permit is the combination of both a residence permit and an employment license into a single document. This unified approach simplifies the process and enhances convenience for the permit holder.

The single permit grants TCNs the legal authorisation to reside in Malta and take up employment with a specific employer in a specific position. If one of these elements changes or stops being effective, the single permit is not considered to be valid. The single permit is issued for 1 year with the possibility of renewing it for 2 years. A TCN cannot use a residence permit issued by another Member State to work in Malta. The TCN is still obliged to submit a single permit application when seeking employment in Malta. The single permit does not grant the TCN the possibility to go to another EU Member State and take up employment there.

Highly skilled TCNs have the option to choose the Key Employment Initiative (“KEI”), which offers a simplified procedure with shorter processing times and fewer required documents. The KEI is particularly attractive to employers seeking candidates for managerial or technical positions. To be eligible for the KEI, individuals must have: a minimum annual gross salary of €30,000;

professional qualifications OR minimum 3 years’ previous experience.

The permit is issued for 1 year with the possibility of renewing it for 3 years.

The TCN has to be in possession of professional qualifications and an employment agreement for a minimum period of 1 year with a salary that is 1.5 x the average gross annual salary in Malta.

The EU Blue Card is available to highly qualified TCNs, recognizing their expertise and skills. On the other hand, the single permit has a broader scope, potentially encompassing low - or non - skilled workers. If the blue card holder loses their employment in Malta, they have a 3-month timeframe to secure a new job. If the 3-month period elapses without finding new employment, the EU blue card will be revoked, necessitating the TCN to leave the country. On the other hand, a single permit holder has to find a new employment and submit a new single permit application within 10 days of termination of employment. Failure to secure new employment and submit a new single permit application within this timeframe would result in the TCN being regarded as an illegal resident in Malta, prompting a request for their departure from the country. A TCN can undergo an intra-corporate transfer (“ICT”) from a foreign company to a Maltese entity that is part of the same corporate group, either for employment or training purposes. In such case, the TCN is required to apply for an ICT permit. This permit is usually valid for a minimum of 1 year or for the duration of the transfer to Malta, whichever is shorter. Extensions can be granted with a maximum limit of 3 years for managers and specialists and 1 year for trainee employees.

Can a TCN plan to work in Malta for a period less than 6 months?

Yes, this is possible, but it involves a two-step application process. Firstly, TCN is to apply for an employment license with Jobsplus, and then proceed to apply for a residence permit through Identita’.

A TCN can be employed by a Maltese company in which they hold shares or are the ultimate beneficial owner. It involves a two-step application process. Firstly, TCN is to apply for an employment license with Jobsplus, and then proceed to apply for a residence permit through Identita’.The company of which the TCN is a shareholder or ultimate beneficial owner must meet one or more of the following criteria: Holding a fully paid-up share capital of at least €500,000, which may not be redeemed, reduced, or transferred to a third party during the first 2 years following the issuance of the employment license; Making a minimum capital investment of €500,000 that is to be used by the company; and

The company is leading a project that has been formally approved by Malta Enterprise and formally notified to Jobsplus.

The policy regulates the entry of TCNs in Malta and the visas they need to work or live in Malta. These requirements are being reviewed regularly,