Sciberras Advocates, together with Belgravia Advisory have recently achieved a successful joint appeal on behalf of a Bangladeshi National who had been legally residing and working in Malta for many years together with his wife and child born in Malta.
The employer had shifted the contract of our client with another employer in what should have been a continuation of the current employment, however in line with JobsPlus rules, there was a request to change the single permit from the former to the latter employer.
The first employer however back-dated the termination putting the appellant, our client, in an undesirable position as it was beyond the 10-day grace period granted by the Identity Malta Agency to Third Country Nationals (TCNs). Consequently, the work permit was refused, prompting the client to seek assistance from Belgravia Advisory an Sciberras Advocates.
As immigration lawyers in Malta, we evaluated the case with the client and presented various legal arguments to support our appeal for our client’s regularisation in Malta. After presenting evidence and documents, as well as a timeline of events, the Immigration Appeals Board decided the case in our client’s favour, allowing him to apply for a new single permit and continue living in Malta. Today our client has successfully received his new residence card issued on behalf of his employer, without having to exit or travel outside Malta.
This achievement serves as another successful outcome for both our client and both law firms.
In Malta, TCNs who wish to change their employer must obtain a new work permit from the Identity Malta Agency. Under the current regulations, TCNs are allowed a 10-day grace period to apply for a new work permit before their current permit expires.
If a TCN fails to submit a new work permit application within the 10-day grace period, the permit is considered lapsed, and the individual will be required to leave Malta immediately. Furthermore, the individual may be prevented from re-entering Malta for a specified period.
It’s worth noting that the 10-day grace period is a strict requirement, and the Identity Malta Agency does not have the authority to extend it. Therefore, it is crucial for TCNs to submit their new work permit applications within the specified timeframe to avoid complications. In case a TCN misses the deadline, seeking assistance from an immigration lawyer may help salvage the application before it is refused or file an appeal on the refusal decision and explore any alternative legal options available.
If you require similar assistance, please do not hesitate to contact us here at Sciberras Advocates. Regardless of the specifics of your case, we can evaluate your situation and offer support.
This article is for information purposes only and should not be construed as legal advice.
Article written by Ms Charlene Sciberras, B.A. (Hons), guest writer, is a marketing and business administration specialist with a special focus on corporate, accounting, and legal matters.
Sciberras Advocates founded by Dr Adrian Sciberras, is a law firm based in Malta. The firm prides itself to be multi-disciplinary, innovative and flexible in order to meet the changing times and any challenges in the local and international legal scenario. No matter what private or corporate complex demands are called for, Sciberras Advocates offers practical and cost-effective legal solutions to achieve your desired results. You may reach Sciberras Advocates by phone on +35627795222 or via email on [email protected].
