NOVARIC® Info – Work Permits in Malta – Created 01/09/2022.
Modified March 2024
The Single Permit
The requirement for a Single Permit (also known as Employment Licence) is derived from Directive 2011/98/EU of 13 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 this Directive through Legal Notice 160 of 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 an Employment Licence?
Currently, 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 for persons who enjoy long-term residence status.
Non-EU/EEA/Swiss Nationals
For citizens from outside the EU/EEA/Switzerland (third-country nationals), applications for a Single Permit are subject to labour market consideration. They are not automatic and are only granted when EU/EEA/Swiss nationals cannot be identified for the position in question.
It is essential to note that posted workers, defined as workers who are usually based in another EU/EEA country and who have an employment relationship with an employer in that country but are being ‘posted’ for a stipulated period to Malta, do not require a Single Permit. However, the firm in Malta to which the employee will be posted must notify the Department of Industrial and Employment Relations of this posting within twenty-four (24) hours of commencement of work.
Self-Employment
EU/EEA/Swiss nationals, including Croatian citizens, and their third-country national family members or other family members may take up self-employment in Malta without the need for an employment licence. They must still submit an Engagement Form to the Employment and Training Corporation (ETC) in line with Legal Notice 110 of 1993.
The Maltese e-Residence Card
An e-Residence Card is automatically granted when an applicant’s work permit has been approved. The e-Residence Card is also extended to the work permit holder’s spouse. However, this does not entitle the spouse to work or automatically qualify for an employment licence.
An EU/EEA/Swiss citizen has the right to enter, remain, and reside in Malta. When an individual intends to reside in Malta for a period longer than three (3) months, they are obliged to apply for an e-Residence Card. This also applies to non-EU/EEA/Swiss citizens.
The requirements of the e-Residence application largely depend on the individual’s nationality, residence status, and the underlying reason for being in Malta.
An e-Residence Card may also be issued to third-country nationals who are staying legally in Malta and have been authorised to reside there for a specific purpose, such as:
- Employment
- Self-employment
- Economic self-sufficiency
- Retirement
- Study
- Long-term residence
These regulations ensure compliance with Maltese laws and directives regarding employment and residence permits.