The Government of Malta’s new Labour Migration Policy, which was recently published for public consultation, suggests several changes to how third-country nationals can seek permission to live and work in Malta.
The job application process for third-country nationals begins with securing a job offer from a Maltese employer. A Labour Market Needs Test is then carried out by Jobsplus, to confirm that suitable local candidates are not available, by advertising positions for a minimum period of 6 months before applying for an employment licence.
Employers must provide evidence of their recruitment efforts. If no suitable local candidates are found, the application for the employment licence can proceed. At the final stage, Identità reviews the application (consulting with Jobsplus and the Principal Immigration Officer) and the licence is granted if no objections arise.
Third-country nationals must also obtain a residence permit which is provided subject to a specific job designation and the employer’s details.
Applications for the employment and residence permits can only be submitted by employers and is normally renewed annually; a valid passport, proof of employment, and health insurance are presented as supporting evidence.
Proposed changes
Under the first principle, a firm will fail the Labour Market Needs Test if its termination rate – the number of times that a job contract ends divided by the total workforce for the past 12 months – reaches certain levels:
· 50% for small firms (10-50 employees)
· 40% for medium firms (51-249 employees)
· 35% for large firms (over 250 employees)
The condition does not apply to micro-firms (with less than 10 employees) and exemptions will apply to applications recommended and endorsed by Malta Enterprise, occupations in the health and social care sectors, and student workers.
If an employer has made a worker (from any nationality) redundant due to loss of business during the previous 12 months, their application will also be rejected.
The renewal period for permits will be extended from one to two years, provided that the person concerned has been offered a contract that is valid for two years or more. Low-skilled workers will be encouraged to enrol in training courses and integrate into the Maltese labour market and society.
The fee for submitting a first-time single permit application and a renewal of a single permit is currently set at €300. In order to help retain the existing foreign workforce, and promote more careful and selected endorsement of single permit applications, the policy proposes an increase in this fee to €600; the fee for the renewal of a single permit will decrease to €150 annually.
Maltese firms currently rely heavily on third-party recruitment services, which not only makes recruiting an employee who fits the organisation more difficult but also involves substantial service fees. Specialised training programs will be designed to help Maltese firms to recruit third-country nationals more directly.
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