A woman has been deported after her boss failed to register her employment with JobsPlus, leaving her immigration status in Malta in legal limbo for four years. 

Despite a court case and a DIER settlement showing the worker’s immigration status became irregular through no fault of her own, Malta’s Principal Immigration Officer insisted that the woman leaves the country. 

The woman, a third country national (TCN), appealed the decision but then decided to withdraw the application and leave the country.  

Times of Malta understands she was given the option to leave voluntarily, thereby avoiding an entry ban and retaining the possibility of returning after successfully applying for a work permit. 

Had she chosen to proceed with the appeal, the woman risked being barred from re-entry.

Times of Malta is not naming the employer due to a non-disclosure agreement the woman signed as part of a settlement that saw the employer pay the woman unpaid wages. The woman is not being named out of unrelated fears for her safety. 

The woman, who moved to Malta in 2019, found work at a hairdresser’s shop in February 2020. 

Her employer registered her with Identity Malta, now Identità, and she soon received her work permit. However, the employer never registered her with JobsPlus. 

“As a result, (name redacted) could not obtain a termination form and an FS3. Without these documents, none of her applications with ID Malta for registration of new employment could be processed,” the woman’s lawyer said in the application to regularise her status. 

In her time working with the hairdresser, the woman was not paid most of her wages and was subject to poor conditions, she claimed.

“While working for (employers’ name redacted), I was not treated well, not paid my salary, and was not given any proper work break. I used to work 10 to 12 hours a day with only a three-minute break in the bathroom, not even enough time to eat. I used to be standing up all the time and could not sit down,” the woman said in an affidavit. 

The hairdresser paid the woman €5,000 in arrears as part of a settlement with DIER after she filed a complaint with the government department overseeing employment relations. 

Soon after the settlement, the woman learnt that the hairdresser had never registered her with JobsPlus. 

After learning of this, the government’s employment authority took the employer to court. 

In October 2021, the employer admitted to criminal charges over failing to inform JobsPlus that she had employed the woman and was fined €1,200. 

Despite this, the woman’s immigration status was not mentioned by the court, leaving her in legal limbo. 

Two affidavits indicate that attempts to regularise her position with Identità and JobsPlus were unsuccessful. A lawyer then got involved. 

Identità told the lawyer that the TCN’s only option was to ask the Principal Immigration Officer to regularise her position. 

That request was made in January 2023. 

Two months later, the officer refused, saying: “I am directed to inform you that this request cannot be granted. Consequently, your client must leave the Schengen area via Malta without further delay.” 

The woman then appealed that decision before withdrawing the application and leaving the country.

Contacted for comment, the Home Affairs Ministry said: “The ministry has been informed that the Principal Immigration Officer was requested to regularise the individual’s stay only after she had remained in an irregular position for a considerable period, during which she failed to communicate with the authorities. Additionally, the ministry has been informed that the individual in question has withdrawn her appeal and will leave the Schengen area voluntarily, as required by law.” 

Questions were again sent, showing there was a constant line of communication about the woman’s immigration status with JobsPlus and Identità.

The ministry replied with a similar statement.