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Mariella Baldacchino
April 11, 2024
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EU/EEA and Swiss nationals have the right to freely move and reside in Malta as workers, self-employed persons, students, or economically self-sufficient persons, which include pensioners and retired persons. EU/EEA and Swiss nationals may also set up a business here.
This also applies to their country’s national family members or other family members, who have a right to join and accompany them. These include the spouse, children or grandchildren under 21 years of age who are dependent on the EU/EEA national and dependent parents or grandparents. The latter does not apply to students.
It is valid to note that such EU/EEA or Swiss nationals need not apply for a work permit however, in the case of employment, the employer is required to register the new employee with Jobsplus (Malta’s Public Employment Services).
After three months in Malta, EU nationals must register their residence and demonstrate that they have found employment, are in education or training, have their own means of subsistence and so on.
If an EU citizen and his family members reside legally in Malta for a continuous period of five years, they may apply to reside in Malta on a permanent basis.
Posted employees also need not apply for a work permit in order to reside and work in Malta.
Non-EU/EEA/Switzerland individuals (also known as third country nationals, or TCNs) must, on the other hand, have a work permit in order to work and reside legally in Malta. Such authorisation is done by means of a Single Permit Application, obtained at government agency, Identity Malta. Authorities then produce a so-called e-Residence card, enabling a TCN to work and reside in Malta.
The single permit allows TCNs to legally reside and work in Malta for a set period of time, which can be extended. Such an application is processed through a single application procedure that includes the application for both a work and a residence permit.
The work permit is issued in respect of TCNs who work with a specific employer to perform a specific job. The permit cannot be used to take up a different job, or to work for a different employer, even on a part-time basis. Generally, work permits are issued for a maximum duration of one year.
Some TCNs may be required to have a valid visa before entering Malta, with certain exceptions. Third country nationals must apply for a visa in their home countries, specifically at the diplomatic mission or consular post that issues visas on behalf of Malta.
Once TCNs have a residence permit in hand, they are not only authorized to legally reside in Malta, but also given them the mobility to freely travel without a visa within the Schengen Area and cross its external border.
Malta offers several schemes and/or programmes for individuals and their dependants to base their tax status locally. Such programmes may, subject to the satisfaction of the eligible criteria, provide for a fixed rate to tax at 15% on income remitted and sourced in Malta.
A recently introduced prgram, the Nomad Residence Permit, allows third country nationals to legally reside in Malta whilst retaining their current employment in another country. The Permit may be obtained by individuals who can work remotely from any location through telecommunications and technologies. Malta is a host to such permit holders and is open to individuals from third countries who would normally require a Visa to travel to Malta. The Permit is valid for one year and maybe renewed upon application.
At Empleo, we provide assistance and advice on the various residence programmes and work permit requirements applicable in Malta.
Some of our services in this area include the following:
You may get in touch with us here to request an initial free legal consultation in relation to any of the matters outlined above.
Mariella graduated from the University of Malta with a doctorate in law in 2005. She completed a master’s degree in ‘European Private Law’ from the La Sapienza, University of Rome, and was admitted to the bar in Malta in 2006.
Mariella is a people person – and it is this attribute which has really characterised and shaped her career.
Over the years, she headed the legal departments of several corporate services firms. Due to her skillset, she was also entrusted with managing and overseeing operations and human resources, where she gained technical and practical experience in various corporate, commercial and employment matters.
Her practical hands-on experience and insight perfectly complement Mariella’s technical knowledge of employment law, thus placing her in an ideal position to understand and advise employers and employees alike on various matters that may arise at the workplace.
Mariella is passionate about employment law matters and provides her clients with the highest-quality legal service to achieve the best possible outcome and resolve any employment law related issues and concerns.
Bradley graduated Doctor of Laws from the University of Malta in 2005 and was admitted to the Bar in Malta in 2006. He advises clients on various corporate, commercial, employment and regulatory matters, with particular focus on company and financial services law.
He has assisted clients in various corporate and commercial matters by providing company law advice and assisting in the implementation of corporate finance, restructuring, mergers and acquisitions and similar transactions.
Bradley has also advised and assisted investment funds, fund managers and other investment services providers, banks and financial institutions, on various legal and regulatory matters relating to the setting up, authorisation and ongoing conduct of their activities in Malta.
His practice also covers general employment law matters. Bradley’s experience in company and financial services law enables him to focus on various corporate and regulatory aspects of employment relationships. In particular, he advises organisations on the implementation of employee share option and participation schemes, the implications of business transfers on employment relationships, as well as relations with senior employees.
Karl graduated Doctor of Laws from the University of Malta in 2005 and was admitted to the Bar in Malta in 2006.
Karl has gained considerable expertise in technology law and regularly assists clients in relation to intellectual property issues, commercial contracts and ways to ensure compliance with the General Data Protection Regulation (GDPR) and privacy laws. Whilst such matters used to be only given incidental importance when dealing with employment matters, they are now widely acknowledged to be vital in all employment relationships.
He is also regularly engaged by C-level executives to assist in negotiating employment contracts and settlement agreements.
Karl advises across a multitude of industries including technology; marketing; adtech; financial services; gaming; esports; consumer products; and media and telecommunications.
