Working in Malta

1. I am an EU national and am interested in acquiring Maltese residency on the basis of employment. What are my options?
An EU/EEA/Swiss national may apply on this basis either through employment or through the carrying out of a trade or business in Malta. The procedure is quite straightforward, seeing that no work permits are required in this case. Should you be interested in discussing the details of your prospective employment in Malta and how that may grant you Maltese residency, please do not hesitate to contact Liana Falzon, ACT’s partner in charge of residency and citizenship on lfalzon@act.com.mt.

2. I am a non-EU national and am interested in acquiring Maltese residency on the basis of employment. What are my options?
In order for a third country national (TCN) to work in Malta, he/she needs to have an employment licence which is only granted if certain criteria are satisfied. One would need to assess the basis on which you would like to present your residency application. For you to apply you have to be employed, self-employed or a shareholder/Ultimate Beneficial Owner of a Malta resident company. For each and every one of these options, there are different documents and application forms which would need to be presented to the relevant authorities. To set the ball rolling and get a more tailor-made reply to your question, kindly email Liana Falzon, ACT’s partner in charge of residency and citizenship on lfalzon@act.com.mt.

3. Once I am granted Maltese residency based on my employment, what would my tax liabilities be?
Employment income derived by resident individuals is subject to tax at the standard progressive rates of tax with the exception of income derived by highly qualified persons, where the tax is 15% subject to certain conditions. Different tax rates apply depending on whether you are single, married or a parent. For detailed information about Malta’s tax system, you may refer to the FAQs on personal taxation

4. How long would my residence card/work permit be valid for?
If you are an EU/EEA/Swiss national, your residence card will be valid for 5 years (renewable). If you are a non-EU/EEA/Swiss national, your single work permit, which is a card comprising of your work permit and your residence permit, is valid for 1 year (renewable).

5. How long would the process take and can you act on my behalf during the whole application process? 
If you are an EU/EEA/Swiss national, you are required to be physically present in Malta, both upon submission of the application and upon collection of the residence card. The process is carried out by the Department of Citizenship and Expatriate Affairs (DCEA) and usually takes between 4-6 weeks from date of submission.

If you are a non-EU/EEA/Swiss national, you have two options: we may either start the process on your behalf whilst you’re still abroad. Once the work permit gets approved in principle, you will be required to proceed to Malta for the application of the residence card. Otherwise you may wish to come to Malta with all the relevant documentation needed and start the process directly with the relevant departments, namely Jobsplus and DCEA.

6. What requirements would I need to satisfy as an employer interested in employing third country nationals (TCNs)? 
As a prospective employer, you would need to provide proof as to your efforts to fill in the post with Maltese/EU nationals, prior to approaching a TCN. This would have to be done as follows:

Vacancy adverts - For every application, you would be required to:

  1. Advertise the job with Jobsplus; and
  2. Advertise the job, at least twice, in the appropriate local media; or
  3. Advertise the job through a Private Recruitment Agency.

There are vacancies which may be exempted from the labour market test and from the vacancy requirements mentioned above.

For more detailed and tailor-made replies about this, kindly email Liana Falzon, ACT’s partner in charge of residency and citizenship on lfalzon@act.com.mt.

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