A Serbian woman working in Malta has spoken out about missing her father’s funeral due to delays in issuing her single work permit.

The distraught woman told Times of Malta she explained the situation to Identity Malta but her permit was not issued in time to make it to the funeral. Without a valid document, third-country nationals are unable to travel, work or access free healthcare.

“I explained the situation to the authorities and asked them for some consideration but the answers I received were only to keep waiting,” she said.

“I’m feeling hopeless and so are many other third-country nationals here,” she added.

The woman, in Malta for over four years, has been waiting for three months with no indication of when her work permit would be issued.

What paperwork do TCNs need in Malta?

While EU nationals can live and work freely in Malta, third-country nationals (TCNs), a term used for people who live in a country outside the EU, require a residence permit. Most can live in Malta legally with what is called a single work permit covering them for one year. The permit directly ties their residency in Malta with their employment.

Employers must reapply every year for their TCN workers, often waiting for months without a reply. Should a third-country national lose their job or decide to resign, they have less than two weeks to find alternative employment and apply for a new work permit. They otherwise risk being deported.

Each year, a single work permit applicant must pay €280.50, sometimes covered by the employer but often paid by the employee.

A Malta Employers’ Association survey showed that work permit delays are common. The study, published in August, showed that just 14 per cent of employers said Identity Malta processed submitted work permit paperwork within two months.

A good 51 per cent of respondents waited for between two and four months and almost a quarter, 22 per cent, had to wait for between four and six months; it took 13 per cent more than six months to get the document.

How long does it take to get a work permit?

Times of Malta asked people outside Identity Malta offices in Msida how long it took them to receive their work permit.

Answers varied between 10 days and seven months.

One person said she was still waiting for her single work permit when she was involved in an e-scooter accident.

She refused to go to Mater Dei Hospital because she could not afford to pay.

“You have access to healthcare only when you pay taxes and I could not pay them because I had no work permit,” she said.

Others admitted they had to work illegally and in precarious conditions to get by as they waited months for their document. They said they were often underpaid.

The government is losing a lot of money in taxes because of the delays, one man noted.

Immigration lawyer Adrian Sciberras explained that TCNs would have to pay for healthcare in public hospitals if they cannot provide a recent payslip, “even if they have lived in Malta for years”.

Aurora Bastidas, of Venezuela, who has been waiting over three months for her work permit after a successful interview for her “dream job”, said the psychological pressure of waiting has taken its toll.

“I am consistently worrying that my employer will lose patience and decide to find someone else,” she said.

“I’m struggling economically too after not receiving any income but still having expenses like rent and groceries.”

Applicants renewing their work permits or applying for a change of employer also go through background checks, an Identity Malta spokesperson said.

'I sent 30 emails and get the same answer'

Natalia Macias has been waiting for eight months for her documents.

“I was constantly stressed, thinking I would be deported,” the Colombian said, adding she also had to cancel her holidays as a result.

TCNs applying for family unification are also experiencing delays.

Juli Ospina, a young mother, brought her son over in February and applied for his residence permit based on her status as a worker in Malta.

But, the child has still not received his document and cannot start school.

“I sent Identity Malta 30 emails and always get the same answer… to wait,” she said.

Another parent said his eight-year-old daughter was rejected by Identity Malta because his salary did not meet the minimum requirement to bring a family member.

He won an appeal last December but Identity Malta has yet to issue an official document for his daughter.

A preliminary census report in August showed that 115,449 foreigners were living in Malta compared to 20,289 in 2011. This increased the workload on entities responsible for processing residence applications, including Identity Malta, Jobsplus and the immigration police.

What does Identity Malta say?

Identity Malta said an application for a residence permit, whether it is a new or renewal or a change of employer, requires an application to be submitted online following which the necessary due diligence checks are carried out.

It said it had increased personnel to assist foreign embassies and consulates and installed new biometric technology to deal with delays. Thanks to these measures, applications were being processed more smoothly and delays have been reduced.

“Steps are being taken to further facilitate the procedure for applicants renewing their permit or changing their employer,” a spokesperson said.

Identity Malta said it could not comment on individual cases. However, the process of issuing residence permits is governed by various laws, depending on the application type.  

An application for a residence permit, whether it is a new or renewal or a change of employer, requires an application to be submitted online following which the necessary due diligence checks are carried out by Identity Malta and its stakeholders. The average processing time for an application is 6-8 weeks, well below the four-month processing time stipulated in EU Directive 2011/98/EU. Employment-related residence permits also require the issuance of a work license, which combined with the residence permit contributes to the issuance of a single permit, Identity Malta said.

Following the initial due diligence, a non-EU national would receive an invitation letter to set an online appointment for the capturing of the biometrics, following which an interim receipt is issued. Depending on the application type, this interim receipt allows the holder to immediately start working or in the case of children to attend school. The interim receipt covers the period required to process the final application stage whereby the card is issued.

In accordance with Subsidiary Legislation 217.17, a single permit application may only be submitted when the non-EU National is either legally in Malta or in his country of origin. Applications require a list of supporting documentation and are not processed until all documentation has been submitted. Failure to submit all the documents is one of the primary reasons for delayed applications.

Applications for family members are governed by either the family reunification directive transposed through Subsidiary Leg 217.06 or by the family member’s policy as last published by Identity Malta on the 21st May 2021, as applicable to the particular case.  In both cases, the benchmarks for that sponsor’s income are established and are one of the main criteria for the issuance of such residence permits.