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If you are an employer seeking to employ a third country national, we can definitely assist you with the work permit application to have your employees regularised as per Maltese law.
Work Permit Application
The need for a Single Permit (commonly referred to as ‘work permit’) derives from the Directive 2001/98 of the 13th of December 2011 which specifies a single application procedure for a single permit encompassing both work and residency in the territory of a member state.
Malta has transposed the provisions of the said Directive by means of Legal Notice 160/2014 – The Single Application Procedure for a Single Permit as regards Residence and Work and a Common Set of Rights for those Third Country Workers legally residing in Malta Regulations, 2014.
Who Requires a Work Permit?
At present, with the exception of citizens from the EU/ EEA/Switzerland and their third country national family members or other family members, all foreign nationals seeking to work in Malta require a single permit. Single permits are also needed in respect of persons who enjoy long-term residence status. The said individuals are usually referred to as ‘Third Country Nationals’ (TCN).
The Key Employee Initiative (KEI)
A KEI type of work permit is applicable to managerial or highly-technical posts which require the relevant qualifications or adequate experience related to the job being offered. Nevertheless, certain criteria need to be met in order to apply for this type of work permit. These criteria are the following:
- Annual gross salary of at least 30,000Euro per annum;
- Certified copies of the relevant qualifications, warrants or the necessary work experience; and
- Declaration by the employer stating that the applicant have the necessary credentials to perform the duties being assigned.
Can a Work Permit be renewed?
Approved applicants will be issued with a work permit which will be valid for a period of one year in its initial year. This would be renewed on an annual basis thereafter. A work permit issued under the KEI may be renewed for up to three years. The latter is at the discretion of the Department.
Can family members of Third Country Nationals relocate to Malta?
Family members can apply for a residence card based on the work permit of the applicant should the latter have an income, in line with the Department’s requirements, that would allow his/her family to live in Malta. If the requirements are met, then the family members of a TCN, can apply for a residence card which would allow them to reside in Malta but not to take up employment here. Should the family members decide to take up employment in Malta, then they need to apply for a work permit in their own name.
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