Are you a TCN in Malta? This is how migration policy changes impact you

Most of Malta’s population of non-EU nationals are employees. To work in Malta, the vast majority of these third-country nationals (TCNs) usually need a single work permit: a renewable document valid for one year that allows a non-EU national to live and work in Malta.

Announced last year, the first rollout of measures from the Malta Migration Policy will begin on August 1. Another set of measures will be introduced two months later in October.

This is how the measures will affect TCNs already working in Malta or who want to move to Malta for work.

A longer grace period after termination – from August

At present, when TCN workers lose their job for whatever reason, they have 10 days to find another job or be deported.

This period will now be extended to 30 days and can be extended for a further 30 if they can prove they have the means to sustain themselves without having to reply on government assistance.

The interim permission to stay in Malta for the further 30 days (60 days in total) will be automatically granted unless Identità establishes that the TCN does not have the sufficient financial resources, and especially if they have applied for or are benefitting from social assistance.  

The thinking behind the measure is to encourage people who already have skills and who are used to living in Malta to stay in the country.

Tourist visa rejections from August and 60-day limit to apply for work permit from visa-waiver countries from October.

If a TCN arrives in Malta on a tourist visa and applies for a work permit while in Malta, the application will be rejected.

Sportspersons are exempted. Identità, the government agency responsible for processing applications, is authorised to make exceptions in genuine cases.

This measure will apply as from August 1.

Nationals of some non-EU countries, such as Colombia and Brazil, do not need a visa to enter Malta and can remain in the Schengen area (which includes Malta and most of the EU) for up to 90 days.

If a TCN is from a visa-waiver country, they must apply for a single work permit within 60 days of their arrival. If they apply any later their application will be rejected.

This measure will apply as from October 1.

TCNs in a stable relationship with a Maltese national or parents of Maltese citizens – from August

At present, a TCN in a steady relationship with (but not married to) a Maltese national was permitted to reside in Malta on the basis of that relationship, but they could not work for the first two years of having this residential status. This will now change.

As of August 1, partners of Maltese nationals, and parents of Maltese nationals whose children are under 23 can live and work in Malta on the basis of their relationship.

They would still need an employment licence from Jobsplus, but this will be in their own name and not restricted to their employer.

Those applying on the basis of their relationship will have to prove to Identità their relationship by presenting evidence such as lease or property purchase agreements, bank statements, flight tickets, and dated photographs.

Identità may also request other documents to prove the relationship’s authenticity.

In the past, Maltese people with a TCN partner suffered discrimination, as non-EU nationals living in Malta with boyfriends/girlfriends from other EU countries could work without difficulty in Malta on the basis of their relationship.

Lower renewal fees, higher change-of-employer and first-time application fees – from August

Employers should normally pay work permit application fees, but workers often end up covering the cost of their work permit applications.

Until now, all single permit applications – be they first-time applications, renewals, or in cases of change of employer cost the same: €300. This will change as from August 1.

The cost for first-time applications and the cost of a change of employer application will double to €600.

But the cost of a renewal will be halved to €150.

The application for those who will remain with the same employer but will have a new job title will cost €300.

The fee for jobs in the health sector, elderly care, and disability care will always be €150, whether it is a first application, renewal, or change of designation.

New salary thresholds for high-earning TCNs – from August

Malta has two programmes for high-earning and highly skilled foreign workers. They  involve a fast-track procedure compared to the regular single-permit application route and provide additional benefits, such as permits that last longer than a year.

The Key Employment Initiative applies to those who have received a job offer in Malta for a managerial or highly technical position. Currently, those workers need to be offered a gross salary that is higher than €35,000 per year.

From August, that figure is being revised upwards to €45,000.

The Specialist Employee Initiative applies to highly skilled workers who have a bachelor’s degree level of education (MQF 6). Until now, they needed to earn a minimum gross annual salary of €25,000. That will now increase to €35,000.

Renewal will be dependent on the promised salary having been paid – from August

Before Identità processes a renewal, the agency will start checking whether a worker was paid what their contract says they should be given.

The agency will also check that the correct amount of taxes have been paid.

The agency will do this by requesting payment information and will also check with the Inland Revenue Department that the correct amount of taxes was paid to correspond with what the worker should have earned.

This measure will start to be gradually implemented as from August 1.

No more cash payments – from October

As of October, new foreign workers will have to be paid via bank transfer or through other licensed financial institutions.

This means cash payments will no longer be recognised as fulfilling the requirements of the employment contract.

If a worker is already on their employer’s books, they will still be able to be paid in cash, as this condition will only apply to new applications and change-of-employer registrations after August 1.

Human trafficking victims – from October

TCNs identified as victims of human trafficking and who apply for residence permits will be exempt from application fees. These permits will be valid for one year and can be renewed throughout the entire duration of any related court proceedings.