A group of immigration lawyers have flagged a change in policy and an "alarming situation" unfolding at Identità that they say is causing unnecessary hardship for third-country nationals seeking to work in Malta.
The sudden change in policy undermines the integrity of Malta's migration process, they are claiming, urging Identità to recognise challenges faced by TCNs in meeting a 180-day deadline to get a visa.
As things stand, TCNs are allowed to apply for work permits while residing outside of Malta. Upon the approval of their application, they receive what is known as an Approval in Principle letter, which grants them 180 days to present themselves before Identità in Malta.
However, lawyers note that over the past years, this 180-day period has proven to be an unrealistic deadline for many applicants abroad, primarily due to the extended processing times of visa applications in their countries of residence.
This creates a troubling scenario where once individuals finally receive their visa to enter Malta, their 'approval in principle' letter would have expired.
Until recently, this situation was managed with a degree of understanding, with people who obtained a visa being allowed to enter Malta and proceed to Identità to finalise their work permit application, even if the letter has expired.
However, a group of concerned lawyers and legal procurators on Wednesday said that over the past few days, people presenting themselves at Identità with a valid visa but an expired letter were told their visas were being revoked.
For these lawyers, this is a "drastic and troubling change" that has caused significant distress and confusion.
They believe the change in policy reflects a lack of compassion and common sense in addressing what is already a challenging and bureaucratically burdened process.
"These people have often waited for months to secure their visas and travel to Malta, only to be met with further unexpected and unnecessary obstacles upon arrival.
"The latest adopted position demonstrates an alarming disregard for the challenges these individuals face, many of whom have sacrificed much to come to Malta in search of work and a better life," they said, warning this change in policy also undermined the trust people placed in Maltese institutions.
They categorically condemned "the practice of bringing third-country nationals to Malta under false pretences or any form of exploitation".
They said such actions not only betrayed the trust of those who sought a better life but also tarnished Malta's reputation as a fair and just society.
It was essential that the migration process remained transparent, humane, and free from abuse, they added.
"We are deeply concerned by these recent developments and call for an immediate review and remedy to this situation. It is imperative that Identità adopts a more compassionate and logical approach, recognising the practical challenges faced by TCNs in meeting the 180-day deadline due to visa processing delays.
"We demand that Identità halts this arbitrary revocation of visas in cases where the 'approval in principle' letter has expired due to circumstances beyond the applicants' control and are merely trying to comply with the process as best they can under the circumstances."
They urged for a more reasonable and humane solution that acknowledged the reality of visa processing timelines and respected the basic rights of those affected.
"We appeal to the relevant authorities to intervene and ensure that this shift in policy is promptly addressed. The current approach is unsustainable and runs counter to the principles of fairness and justice that should underpin our immigration system."
The lawyers and legal procurators are Jenilee Agius, Paul Borg Olivier, Joseph Calleja Parnis, Edward Camilleri, Katrine Camilleri, Michael Camilleri, Gianluca Cappitta, Veronique Caruana, Jeanise Dalli, Martin Farrugia, Robert Galea, Jason Grima, Tiziana Micallef, Ibtisam Sadegh, Adrian Sciberras, Mark Sultana, David Zammit and Peter Paul Zammit.