By virtue of Directive 2011/98 of the 13th December 2011, all Member States are required to adapt their legislation and internal procedures to draw up a single permit application through which a non-EU national may obtain their work permit and residence permit. In 2014, this Directive was transposed and implemented into the Maltese system via Legal Notice 160/2014 – The Single Application 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.
As a consequence of the application of these regulations, the department for Citizenship and Expatriate Affairs is now in charge of the single permit application. However, the Employment and Training Corporation is still involved in the application procedure through its examination of the request from a labour market perspective.
The single permit application is to be submitted by the third country national, but it must be endorsed by the employer or the prospective employer.
While the application is open to all non-EU nationals, some exceptions to the general rule do exist. The Single Permit procedure shall not apply to Third Country nationals:
- who are family members of Union citizens, EEA/Swiss citizens who have exercised, or are exercising, their right to free movement;
- who are posted workers for as long as they are posted;
- who have applied for admissions or have been admitted to Malta to work as intra-corporate transferees;
- who have applied for admission or have been admitted to Malta to work as intra-corporate transferees;
- who are authorised to reside in a Member State on the basis of temporary protection or have applied for authorisation to reside on that basis and are awaiting a decision on their status;
- who are beneficiaries of international protection;
- who are beneficiaries of protection in accordance with national law or practice, or international obligations, or have applied for protection in accordance with national law or practice, or international obligations, and whose application has not given rise to a final decision;
- who enjoy EC long-term resident status in a Member State, including Malta, of the European Union;
- whose removal has been suspended for reasons of fact or law;
- who have applied for admission or who have been admitted to Malta as self-employed workers;
- who have applied for admission or have been admitted as sea farers for employment or work in any capacity on board a ship registered in or sailing under the flag of a Member State;
- who have been admitted to Malta for the purpose of studies in accordance with the provisions of the Conditions of Admission of Third Country Nationals for the purposes of Studies Regulations;
- who has been authorised to work in Malta for a period not exceeding 6 months;
- who are allowed to work in Malta on the basis of a visa.
Once a work and residence permit has been issued by the Citizenship and Expatriate Affairs, the person benefitting from this permit will also benefit from other rights, granted by the Directive mentioned earlier.
Article 11 of the Directive states the following rights:
- to enter and reside in the territory of the Member State issuing the single permit, provided that the holder meets all admission requirements in accordance with national law;
- to have free access to the entire territory of the Member State issuing the single permit within the limits provided for by national law;
- to exercise the specific employment activity authorised under the single permit in accordance with national law;
- to be informed about the holder’s own rights linked to the permit conferred by the Directive and/or by national law.
The right of equal treatment (which extends to working conditions, freedom of association, education training, tax benefits, social security benefits, among others) applies to:
- third-country nationals who have been admitted to Malta for purposes other than work in accordance with Union or national law, who are allowed to work and who hold a residence permit in accordance with Regulation (EC) no 1030/2002; and
- third-country nationals who have been admitted to a Member State for the purpose of work in accordance with Union or national law.
At WDM International, our experienced immigration team may help you submit this application, advising you on its requirements and vetting the pertinent documentation.
For more information, please contact Dr. Jonathan De Giovanni, Director of Legal and International Tax.