Work permits for third country nationals (non-EU/EEA citizens) in Malta are regulated through a system called the Single Permit procedure managed by Identità. This work permit is regulated by Subsidiary Legislation 217.17 and it is a temporary-type permit which authorises third country nationals to reside and work in Malta for a defined period. This type of work permit combines an employment license and a residence permit. Applications for the Single Permit may be submitted when the third-country national is either still abroad, or when legally residing in the Malta or another Schengen state.

Key features of the Single Permit include:

• It is valid for a defined period, typically up to one year, and can be renewed.
• It is tied to a specific employer and job position.
• The permit (work and residence) becomes invalid if the employment relationship ends.

Employers in Malta are facing significant challenges with the Single Permit application process for third-country nationals, causing significant issues impacting their business. Despite efforts by the government agencies and authorities to make the process more efficient, these challenges and delays are generally attributed to high volume applications and lack of proper documentation submitted within the Identità portal. Such insufficient and incomplete paperwork causes significant delays in the processing time.

As an experienced law firm in Malta specialising in immigration and employment law, here at Sciberras Advocates we understand the challenges employers in Malta face with work permit applications for third-country nationals. Our expertise can significantly streamline the process and mitigate the common issues around the Single Permit system.

As one of the primary causes of delays is incomplete or improper documentation, with our in-depth knowledge of Identità’s requirements, rules and procedures, we ensure that all applications are submitted with meticulous attention to detail. This includes thorough review of employment contracts, verification of qualifications and certifications, proper compilation of supporting documents and more. Thanks to our expertise we can substantially reduce processing times and avoid unnecessary back-and-forth emails and submissions with authorities.

Our approach has consistently resulted in faster processing times for clients, often securing approvals within the official timeframe. Thanks to our tailored solutions, employers can navigate the complex work permit landscape in Malta with confidence, ensuring a smoother, faster, and more reliable process for hiring and retaining valuable third-country national employees.

Sciberras Advocates can handle all types of work permit application, including:

• Single Work Permit
• Specialist Employee Initiative (SEI) Single Work Permit
• Key Employee Initiative (KEI) Single Work Permit
• EU Blue Card – Malta

The Specialist Employee Initiative (SEI) and the Key Employee Initiative (KEI) are work and residence permits issued for highly qualified purposes under Maltese policies, whilst the EU Blue Card work permit is issued in accordance with the provisions of the relative EU directive. For more information on these please refer to this article: Malta Residence Permits for Highly Qualified Individuals.

For assistance on the Single Work Permit, Specialist Employee Initiative (SEI) Single Work Permit, Key Employee Initiative (KEI) Single Work Permit or Malta EU Blue Card applications in Malta, please do not hesitate to get in touch with us on [email protected].

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].

When attending court in Malta, it’s essential to present yourself in a manner that reflects respect for the proceedings and the court environment. Appropriate attire not only demonstrates professionalism but also upholds the decorum expected in the courtroom. Below is a guide to help ensure you’re dressed suitably for court appearances and have the necessary information on the court’s location.

Dress Code for Men

Suit and Tie: A dark-coloured suit with a tie in neutral tones is encouraged.

Shirt: A white or light-coloured shirt works best for a professional look.

Shoes: Dark, polished dress shoes with matching socks are appropriate.

Avoid: Bright ties, sports jackets, jeans, and sneakers.

Dress Code for Women

Business Suit or Dress: A modest, knee-length dress or a suit with either pants or a skirt in dark colours is ideal.

Blouse: If wearing a suit, opt for a simple blouse in a neutral colour.

Shoes: Closed-toe shoes, such as pumps or flats in neutral colours, are preferred.

Avoid: Skirts that are too short, high heels over three inches, bright colours, and flashy accessories.

Court Location

The Malta Law Court – Courts of Justice is located at Republic Street, Valletta. Once you enter, you will find the Reception Desk and you may ask for directions to reach the correct court room.

Other Notes

Please ensure to bring any court notifications and documents in relation to the case with you. Please also ensure you arrive at the court building at least 20 minutes before the time of your hearing to have enough time to pass through security checks and find the correct court room.

Should you have any questions about the court dress code or location, please feel free to reach out for guidance. You may contact us on [email protected].

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].

Working in a new country for work can be exciting, but it’s important for third-country nationals in Malta to know their rights and choose employers who adhere to local laws and best practices. This guide provides practical advice for employees to help them make informed decisions and protect themselves against potential workplace issues.

• Ensure you are given and check thoroughly the employment contract.
• Note well if you are a on a definite or indefinite contract.
• Be aware of your probationary period.
• Be aware of your notice period.
• Ensure you are given the payslip regularly as per law and check it well.
• Save or file your payslip safely.
• Confirm payment for overtime, Sundays, and Public Holidays.
• Check for any underpayments.
• Keep detailed timesheets to keep track your work hours, including break times and any overtime.
• Retain copies of rosters and work schedules.
• Understand your rights in case of disputes.
• Verify that Social Security Contributions are being paid by your employer.
• Maintain a record of all important communications with your employer such as appraisals and official meetings.
• Understand your right to vacation, sick leave and other types of leave.
• Know your right to safe working conditions.
• Be aware of procedures for contract termination.
• Be aware of unfair dismissals scenarios or premature termination of employment.
• Know your rights in case of redundancy scenarios.
• Be aware of employment discrimination and harassment on the workplace.
• Request for support with residence and work permit renewals.
• Request that your employer covers the work permit Identità fee.
• Connect with local employee support organisations, NGO’s and trade unions if available.

Following these tips can help you as a third-country nationals in Malta avoid workplace issues. At Sciberras Advocates, we are committed to providing expert guidance and support in all aspects of employment and immigration. If you are an employee facing challenges such as employment discrimination, workplace harassment, unfair dismissals, underpayment claims or other issues, our legal team is ready to assist you. Please contact us on [email protected].

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].

Preliminary

An appeal against the Health Care Professions Appeals Committee’s rejection decision, concerning our client, an Iranian national.

Facts

Our client, an Iranian passionate about nursing, enrolled in a University of Santo Tomas in the Philippines, one of the top universities in the country, to pursue a degree in nursing. However, just a month before graduation, it came to light that in accordance with Article IV, Section 13(a) of the Philippine Nursing Act of 2002, she was not entitled to take the Philippines Nursing Licence Exam – a necessary qualification for registration as a nurse in the country. In terms of the above cited legislation, only Filippino nationals or those from countries who have reciprocity with the Philippines (in this case, Iran), could take the exam. Unfortunately, our client was unaware of these restrictions, and they were only communicated to her by her professors.

To verify the existence of reciprocity between the Philippines and Iran, the appellant had asked her parents who were residing in Iran to obtain proof of such. However, the Iranian Ministry of Health refused to provide the required documentation, rendering it impossible for the client to prove reciprocity- especially given that Iran’s laws are also not made available online.

Consequent to this, the client began exploring alternative routes for obtaining her nursing licence. She applied for the University of Malta’s ‘Certificate for Graduates of Non-EU/EEA Nursing Programmes’.

 Before the commencement of her course in Malta, she visited her family in Iran, where she enquired about her eligibility for registration as a nurse there. She was informed that a confidential letter would be sent to her desired place of employment, enabling her registration after a two-year probationary period. However, she only received such confirmation after she had already relocated to Malta. Accordingly, her mother attempted to obtain an international document for use abroad, but this request was denied.

When in Malta, the client sought registration as a nurse with the Council for Nurses and Midwives. However, she was informed that registration in Malta required a registration certificate and a good standing certificate from the council in the country where she pursued her studies. Despite repeated communication with the Council, explaining her inability to obtain a registration certificate from the Philippines, nonetheless, her request was rejected. The Council insisted that the only option available for eligibility is to obtain confirmation from a similar council in the Philippines, attesting to her graduation from an accredited university, and giving the reasons as to why she could not be registered there.

Although the client provided an official letter of ineligibility from the Professional Regulatory Board of Nursing of the Philippines – certified by the Ministry of the Foreign Affairs – and despite the Council already having a copy of her qualifications, nonetheless, this was considered to be insufficient proof.   

Decision Appealed

Sciberras Advocates appealed the decision before the Health Care Professions Appeals Committee, attesting that sufficient proof was provided to demonstrate the client’s qualifications and that the inability to prove reciprocity was beyond her control.

Several grounds were raised in the appeal. First, the Council’s decision breached the fundamental human right of non-discrimination, as enshrined in Article 21(2) of the Charter of Fundamental Rights, which expressly prohibits discrimination on the grounds of nationality. In this regard, it was felt that the case was not given due consideration by the council, particularly given the unreasonably long seven-month delay in the first rejection, followed by a rushed refusal only after two weeks following her request for reconsideration. Moreover, the client’s repeated requests to meet with the Board to explain her situation were also ignored.

In parallel with the right of non-discrimination, the client’s right to equal treatment was violated under Article 19(3) of Subsidiary Legislation 217.22, which entitles students to the same treatment as Maltese nationals. This is especially relevant considering that the applicant was not only a student in Malta but was also seeking employment as a nurse upon registration.

Moreover, the University of Malta’s webpage for the Bachelor of Science (Honours) in Nursing programme does not require students to take a licensure exam to be registered as a nurse, provided they have a certificate of course completion. This is even more so when considering that the client was aware of other third country nationals who were registered as nurses in Malta, without having taken the licensure exam. This must be emphasised since the client had also obtained higher qualifications from the University of Santo Tomas than required for her program in Malta, further supporting her application.

The refusal of registration by the Council also breached the client’s right to work under Article 23(1) of the Universal Declaration of Human Rights, which protects both the right the work and the free choice of employment. This is especially unjust given the unforeseen circumstances which were beyond her control and when considering that she was willing to undergo a probationary period, under supervision, before being fully registered as a nurse. Given the current nursing shortage in Malta, described as a national crisis by the MUMN, and the passion our client has for nursing, it would be detrimental to deny such a passionate and qualified candidate.

All above-mentioned reasons, ultimately suggest that the Council was overzealous in its decision to refuse the appellant’s application, failing to provide sufficient reasons for her refusal.

Concludingly, this all goes against the principle of proportionality, clearly expressed in Article 6(1) of Chapter 612 of the Laws of Malta, which requires that restrictions do not exceed what is necessary to achieve their objective. Sciberras Advocates argued that the balance between the client’s eligibility for registration and the restrictions imposed on such registration process was not adequately maintained.

Legal Framework

• Article 21(2) of the Charter of Fundamental Rights prohibits any discrimination on grounds of nationality;
• Article 19(3) of Subsidiary Legislation 217.22 guarantees the right to equal treatment of students with nationals of Malta, and this as provided for in Regulation 23 of 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;
• Article 23(1) of the Universal Declaration of Human Rights protects both the right to work and the right to free choice of employment;
• Article 6(1) of Chapter 612 of the Laws of Malta dictates that the principle of proportionality must be observed by the Ministry responsible for a regulated profession.

The appeal was lodged based on these fundamental rights violations, with the Health Care Professions Appeals Committee directed to render a judgment after considering all evidence and submissions.

Considerations

Coming to its decision, the Health Care Professions Appeal Committee considered that despite graduating with a Bachelor of Science in Nursing in 2020, from the University of Santo Tomas, she could not conduct the Philippines Nursing Licensure Exam for reasons which were beyond her control. The Committee also acknowledged her acceptance into the University of Malta’s nursing bridging programme, which she completed in 2022.

The committee considered the strong reputation of the University of Santo Tomas, comparable to that of the University of Malta, as well as the practical reality that other nurses had been registered in Malta without taking licensure exams. The Council’s argument that each country’s regulations must be followed was also noted, but the committee found this reasoning insufficient given the specific circumstances of the case.

Decide

The Appeals Committee concluded that the Council had not acted reasonably or proportionately in applying the requirements for registration of TCNs so strictly, particularly given the appellant’s unique situation and her inability to obtain a registration certificate from the Philippines.

Concludingly, the Appeals Committee ruled in favour of the appellant, quashing the Council’s refusal. It further ordered that the appellant be registered as a nurse on the Nursing Register of Malta, so long as she submits proof that she had successfully completed Malta’s Nursing Bridging Course. No appeal lies from the decision of the Appeals Committee.vocating for your rights and interests throughout the process. Contact Sciberras Advocates today for a consultation: [email protected].

This article is for information purposes only and should not be construed as legal advice.

Article and research done by Ms Caitlin Turner, currently reading a Bachelor of Laws (Honours) at University of Malta.

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].

Bringing Your Family to Malta: A Guide to Family Reunification & Family Member Policies

Malta’s working opportunities together with a strategic position of an island in the Europe, and the captivating blend of history and culture has made it an attractive destination for individuals and families worldwide to relocate thanks to various job opportunities. For third-country nationals already residing in Malta, the ability to reunite and live with loved ones is a crucial step towards building a stable and fulfilling life.

Malta offers two primary pathways for third-country nationals to bring their families to the country:

Family Reunification: This route is designed for family members seeking to join a third-country national already living in Malta. This process involves specific legal requirements and conditions such as the sponsor must have resided in Malta for at least 2 years, the sponsor must hold a valid residence permit for at least 1 year, must have adequate housing for the family, and must also have a stable annual income of €23,136 plus 20% for each additional family member.

Family Member Policy: This policy encompasses a broader set of regulations and rights for family members of various migrant categories, including both EU and non-EU nationals. For the family member policy, the sponsor must have resided in Malta for at least 1 year and must hold a valid residence permit for at least 1 year. The sponsor must have adequate housing for the family and have a stable annual income of €18,940 plus 20% for each additional family member.

The key differences between family reunification and family member policy lie in the eligibility criteria, mainly in the residency requirements, income threshold and the application process: member policy.

Navigating Malta’s family migration laws can be a complex undertaking. At Sciberras Advocates, our team of immigration lawyers is ready to assist you throughout the entire application process. We will help you:

• Assess your eligibility for family reunification or family member policy.
• Prepare and submit all necessary documentation.
• Communicate with the relevant authorities on your behalf.

We understand the importance of family unity and are here to support you every step of the way whilst advocating for your rights and interests throughout the process. Read more here about family reunification and contact Sciberras Advocates today for a consultation: [email protected].

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].

A Guide for Non-EU Nationals

Non-EU national seeking long-term residency in Malta maybe granted one if they meet specific criteria issued by Identità. Malta has become home to many Third-Country Nationals (TCN), and many have been residing here for many years. This fact has led to various family reunification applications as well as long term residency applications. 

Long-Term Residence (LTR) may be granted to TCNs residing in Malta who meet certain criteria and this LTR permit entitles the holder and family members to remain in Malta permanently. Malta offers a lot of work opportunities, good quality of life and healthcare. Beyond this, the country’s location provides easy access to Europe, North Africa, and the Middle East. This combination of benefits has made Malta attractive to expatriates from around the world.

If you’re a non-EU national considering long-term residency, here are the key criteria that must be met:

Residency Duration: You must have legally and continuously resided in Malta for at least five (5) years. You will be asked for proof. You will also need to show a chronological list of dates of arrival and departures from the territory of the EU.

Covering Letter: You must provide a covering letter explaining the intentions to apply for the long-term resident status, your story in Malta, including accurate information on your first settlement in Malta, the nature of the stay throughout the years, and the existence of any family members.

Stable Financial Resources: Proof of a stable income, demonstrating your ability to support yourself (and your family, if applicable), without reliance on social assistance. You will need to provide tax declarations from previous years.

Accommodation: You must own or rent a suitable home in Malta, including a certificate by a warranted architect.

Integration Measures: You need to fulfil the integration requirements outlined in Subsidiary Legislation 217.05, which include language proficiency and an understanding of Maltese culture. The I Belong course is provided by the Human Rights and Integration Directorate and must include confirmation of at least 100 hours of attendance and the achievement of an examination pass mark of at least 75%, obtained at most 12 months before the date of application. You will also need a pass mark of at least 65% in MQF Level 2 Maltese language certificate and documentation showing that the relevant course fees have been paid.

Once you meet these conditions, you are eligible to apply for long-term residency status through Identità. At Sciberras Advocates, we provide comprehensive legal support to guide you through every step of the application process for Long-Term Residence. Our services include eligibility assessment, document preparation, application submission, follow-up and appeals.

With years of experience in immigration law, Sciberras Advocates has helped numerous Third Country National clients navigate Malta’s residency laws. If you require our assistance with the LTR application, or any other immigration procedures, overstays, or appeals in Malta, please get in touch on [email protected].

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].

Act XX of 2024: ‘Various Laws relating to Private Residential Leases (Amendment) Act’ – Key Effects and Legal Implications

On June 18^th 2024, Act No. XX of 2024, titled the ‘Various Laws relating to Private Residential Leases (Amendment) Act’, was published in the Maltese Government Gazette. This Act amends both the Civil Code, Chapter 16 of the Laws of Malta, and the Private Residential Leases Act, Chapter 604 of the Laws of Malta. its purpose is to afford more protection to both the lessor and the lessee, respectively, and this is achieved by broadening the Authority’s enforcement powers, regulating lease substitutions, additions, consensual terminations and express renewals more thoroughly, and imposing harsher penalties for non-compliance with the Amending Act.

Amendments to the Civil Code

• Article 1555A of the Civil Code: Non-Use of Tenement

The amending act is divided into two parts: Part 1 which amends the Civil Code, and Part 2 which amends the Private Residential Leases Act. Article 1555A of the Civil Code has been revised to remove the reference made to Article 1531F of the Civil Code. Article 1555A deals with instances where the leased property is not being used, due to the tenant being absent and is instead residing in a healthcare facility.

Previously, the second sub-article of Article 1555A provided that if the tenant was admitted to a healthcare institution, the lease would automatically transfer to individuals listed in Article 1531F, including the tenant’s children and siblings, under certain conditions. However, since Article 1531A was repealed by Act XXIV of 2021, this reference became obsolete.

Under the new amendments, if a lessee has been admitted indefinitely to a healthcare institution, the lessee will be treated as if he had died. In this regard, the provisions of Chapters 69 and 158, which cater for the continuance of a lease upon the lessee’s death are made applicable to these situations. Consequently, the lease may continue only in favour of the spouse or siblings who lived in the same tenement with the lessee for at least four years out of five years preceding 1^st June 2008, and who continued to live with the lessee until the admission to the healthcare facility.  

Other individuals who lived with the lessee, for the same above stipulated period, but do not meet the tenant definition criteria under the Reletting of Urban Property (Regulation), which came into force through Act XXVI of 2021, must vacate the tenement within five years from the lessee’s date of permanent admission.

The means testing criteria stipulated in the Reletting of Urban Property (Regulation) will still be applicable to the relatives of the lessee who continue occupying the premise.

• Article 1573 of the Civil Code: Or on the Ground that the Lessor Desires the House for his Habitation

Article 1573 of the Civil Code, dealing with dissolution of lease contracts, provides different notice periods to the lessee, in accordance with the remaining period of the lease. Previously, the lessee required a notice period of one month for lease dissolution, if the remaining term was over a year, or fifteen days if it was less, in cases where the lessor wishes to dissolve the lease contract on the ground that he desires the tenement for his own habitation, or wishes to sell the property.

Under Act XX of 2024, a proviso has been added to Article 1573, mandating a minimum notice period of three months for private residential leases, in accordance with the Private Residential Leases Act. The notice must also be delivered by registered letter. This amendment aligns and harmonises the provisions of the Civil Code with the Private Residential Leases Act.

This amendment was also made applicable to Article 1575 of the Civil Code, in case of private residential leases of urban tenements.

Amendments to the Private Residential Leases Act

• Article 2 of the Private Residential Leases Act: Interpretation

Firstly, for clarification purposes, Act XX of 2024 has introduced some new definitions to the Private Residential Leases Act. Whilst the definition of ‘building’ or ‘premises’ has come to mean “a house or other building, or part thereof, which is used or may be used for residential purposes in accordance with the provisions of the relevant laws”, a ‘dwelling house’ has been defined as “a building or part of a building separately let, which includes any land or garden forming an integral part, or enclosed within the precincts of such dwelling house, but does not include any movable structure, vessel or vehicle”.  The word ‘lease’ has also been amended to include ‘sublease’ within the definition. The meaning of the word ‘resident’ has also been clarified, and it has come to mean any lessee as defined under this article, and including any other occupant.

A new proviso has also been added to the definition of a ‘residence’, whereby it is now stated that if the tenement in question is being leased by a company to accommodate its employees, whereby the latter are paying any form of consideration to the company, then, this shall be deemed as a sublease.

• Article 4 of the Private Residential Leases Act: Obligation to Register Private Residential Lease Contracts

Act XX of 2024 introduces significant amendments to Article 4 of Chapter 604. Whilst previously, in terms of Article 4(2) the registration period window was within 10 days of the commencement of the lease, today, this has been extended to 30 days, being applicable with retrospective application. Moreover, rather than being a duty of the lessor to register lease contracts, this has now become an obligation.

A proviso has also been added to sub-article (3), stating that such obligation of the lessor to register the lease contract comes into force immediately upon the commencement of the agreement, and in case of criminal proceedings, the 30-day period provided in sub-article (2) would be irrelevant and cannot be used as a defence for delay in registering.

Article 4 of the Private Residential Leases Act has also been amended in relation to the protection of dwelling houses. Article 4(7) now requires lessors to specify the number of residents living in the dwelling house. Then, through the amendments to sub-article (8), the Minister is empowered to set regulations on minimum habitability standards and to limit the number of occupants. In parallel, the Housing Authority is prohibited from registering lease agreements which breach these standards. Then, the law goes on to say that even if, for some reason, the lease is authorised by the Housing Authority, despite not meeting the requisite standards, this authorisation alone does not constitute a certification of the habitability, and therefore, cannot be used as a defence.

In this regard, reference can be made to Legal Notice 197 of 2024, titled ‘Limitation of the Number of Residents who may occupy a Leased Dwelling House Regulations, 2024’, which limits the number of tenants living simultaneously to not more than ten, if the number of residents are not living together as a family, and this is irrespective of whether the property would have been leased in its entirety or by individual rooms.

To determine the exact number of permissible residents, the Housing Authority requires the lessor to provide a declaration, detailing the number of bedrooms and bathrooms in the leased property. Then, the Schedule Annexed to the Legal Notice provides the maximum number of residents allowed, in proportion to the number of bedrooms and bathrooms.

These amendments are intended to provide for a better living standard and improve tenant conditions.

• Article 6 of the Private Residential Leases Act: Requisites in Writing of a Contract of Private Residential Lease

Article 11 of Act XX of 2024 amends Article 6(1)(g) of the Private Residential Lease Act to require the preparation of an inventory for all lease agreements. The inventory must be signed by all parties participating in the lease, and which must attest the condition of the leased premises, and any included furniture, supported by photos and brief descriptions.

Therefore, not only should all lease agreements made after January 2020 be made in writing, but through Act XX of 2024, these must also include an inventory requirement, irrespective of whether the property is furnished or unfurnished. Then, in terms of sub-article (2), if this requirement is missing, then, the lease contract will be null and void. On the other hand, the previous requirement to include the amount of security deposit has been removed.

This amendment is to safeguard both lessors and lessees, by documenting the condition of the property at the start and at the end of the lease, thereby addressing potential damage issues.

• Articles 9A-9D of the Private Residential Leases Act: Addition of New Articles to the Principal Act

Four new articles have been introduced in the Private Residential Leases Act, following Article 9, and which provide guidelines for the substitution and addition of leases. Article 9A, entitled ‘Express Renewal’, has been introduced to explain that apart from the possibility of a tacit renewal, the parties may also renew their agreement expressly. However, for an express renewal to be valid, it must maintain the original terms, with the exception of a permissible rent increase of up to 5%. Moreover, an agreement for renewal cannot be made for a period of less than a year, although a longer period is allowed.

On a different note, if the lessor has given a notice of termination to the lessee, but the latter has continued to stay beyond the contractually agreed period, and with the lessor requesting rent, if such renewed period has not been registered, or at least, the notice of termination has not been withdrawn, an administrative penalty of over 2,000 euros can be issued by the Housing Authority, and this is in line with Article 20.

The second newly introduced article is Article 9B, entitled ‘Substitution of Lessee’. In terms of this article, any party to the agreement can request the substitution of a lessee. However, this will only be valid if it is affected with the express consent of the lessor and the outgoing lessee, and in particular circumstances, also by the new lessees, who are referred to as ‘incoming lessees’. Nonetheless, this substitution can only happen if the total number of lessees who can occupy the tenement simultaneously remains the same. There is also no requirement for a new lease agreement and this also does not interrupt the legal periods of the existing lease. Therefore, the term which was provided initially in the original lease agreement, will subsist vis-à-vis the incoming lease. The incoming lessee must still be provided with the original lease agreement, to understand his rights and obligations. In practice, this is most useful for shared living arrangements.

Differently, the third newly introduced article, Article 9C, deals with the addition of a lease. Any party to agreement may request the addition of a lessee to the same lease agreement, also with the express consent the lessor and also all the other existing lessees. Moreover, the addition of a new lessee will also not result in a new lease agreement and there will also be no interruptions of time periods. However, when a new lessee is added to an already existing lease agreement, he is to also assume responsibility for the debts incurred even prior to his addition.

Finally, the last article which has been introduced is Article 9D, entitled ‘Registration of a new lease in the case of consensual termination of the lease or abandonment of the property by the lessee’. If a lease is terminated by mutual consent or the lessee abandons the property, the lessor may register a new lease for the same property, even if the original lease term is not complete. Then, the Housing Authority is to give notice to the previous lessee, of the wish of deregistration. If the lessor’s wish to register a new lease agreement in bad faith, the lessor remains obligated to the previous lessee. Moreover, although there would have been the cancellation of a lease, the lessor may still bring a claim against the lessee for the abandonment of the property.

This termination by mutual consent or by abandonment is also made applicable to cases where multiple lessees are involved, and only one is affected by the termination or abandonment. However, in such cases, there must be the consent of the other lessees who appear on the original lease agreement for the other lessee to be removed out.

• Article 11 of the Private Residential Leases Act: Withdrawal by the Lessee in the Case of Long Private Residential Leases

Act XX of 2024 introduces new restrictions on lease termination by the lessee, particularly in cases of lease renewal. If there has been a tacit renewal of a lease agreement, in line with Article 9(2) of the Private Residential Leases Act, and no termination notice has been provided by the lessor at least 3 months prior to the termination, the lessee cannot terminate and withdraw from the lease before at least 3 months have passed from the renewal date, provided the renewal is for one year.

On the other hand, if the renewal was express, in line with the newly introduced Article 9A, the lessee cannot withdraw from the lease agreement unless half the period as specified in sub-article (1), which sets out the time within which a lessee can withdraw from the lease agreement in accordance with the duration of the lease agreement itself, has passed. These changes are designed to provide greater stability and predictability in lease agreements following renewal.

• Article 20 of the Private Residential Leases Act: Enforcement Procedure

Article 20 of the principal act has been substituted, providing for harsher compliance penalties. In terms of the new amendments, the Authority can issue a written notice, detailing corrective actions and provide an administrative penalty, if found guilty of the offence, of not more than 2,329.37 euros, in three instances:

1. If a dwelling house is being occupied, for residential lease purposes, by any person without a valid title of lease, either because the lease agreement does not satisfy the written requisites required for a lease agreement, or if it does so, it was not registered properly;
2. The lessor has permitted more lessees to live in the same dwelling house than that declared in the registration of the lease agreement;
3. A person has made a declaration which is either false, misleading or incorrect.

• Transitory Provision

When it comes to transitory provisions, leases which commenced prior to the introduction of the Amending Act continue to be governed by Chapter 604 of the Laws of Malta, the Private Residential Leases Act. However, if such leases are still in effect as of 31^st of August 2025, they must adhere to the new regulations, specifically those on occupancy limits.

In conclusion, this amending act is aimed to modernise the private residential lease market by providing clear guidelines to both stakeholders and interested parties alike. It marks a significant step forward in ensuring that the rights and obligations of all parties are clearly defined in law, which in turn provides more protection to both sides of a lease agreement.

This article is for information purposes only and should not be construed as legal advice.

Article and research done by Ms Caitlin Turner, currently reading a Bachelor of Laws (Honours) at University of Malta.

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].

Update 19th September 2024: Further to a series of consultations, an agreement has been reached yesterday regarding the Property Lease Agreement Attestation Form between Identità, the Notarial Council of Malta, the Chamber of Advocates, and Legal Procurators.

Kindly note that in order to attest the form, the landlord/s and tenant/s require to set up an appointment with our office. Should you wish to do so please call us on +35627795222 or get in touch with us on [email protected].

This article is for information purposes only and should not be construed as legal advice.

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].

Sciberras Advocates, a leading immigration law firm in Malta, is proud to announce the launch of its comprehensive guidebook, Identitas. This invaluable resource is designed to be used as a guide on anything immigration in Malta, but mainly to simplify the process, ensuring that one has clear, comprehensive, and accessible information at the fingertips.

The Latin word ‘Identitas’ encapsulates the essence of Sciberras Advocates’ mission. Beyond simply navigating legal processes, the firm is dedicated to safeguarding and celebrating the unique identities of everyone it serves. Identitas is not merely a guidebook; it is a testament to the firm’s commitment to providing clear, accessible information and personalised service throughout the immigration and employment journey for third country nationals in Malta.

Identitas offers a comprehensive overview of the various procedures that third-country nationals encounter when seeking work permits, changing employment, pursuing family reunification, and more. By breaking down complex legal processes into manageable steps, the guidebook empowers individuals to take control of the processes involved.

Key features of Identitas include detailed instructions for navigating the single permit application process, renewals, employer changes, and more including information on highly qualified individuals, part-time permits, and family member policies. It gives insights and guidelines on health screenings procedures, insurance, skills passes, and other vital aspects of the immigration process.

As a distinguished law firm in Malta specialising in immigration, we handle numerous procedures for third-country nationals related to work permits, change of employment, family reunification, appeals and more.

A digital copy of Identitas is available for download here: https://sciberras.legal/wp-content/uploads/2024/08/Identitas-by-Sciberras-Advocates.pdf.

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].

We would like to notify everyone that starting from September 1, 2024, any property lease contract that is submitted to Identità as part of a residence permit application must be signed by a notary, lawyer, or legal procurator.

We understand that this new requirement may seem daunting, but we are here to help. Our team is ready to assist you in ensuring that your lease contract meets all necessary legal criteria and is properly certified.

For any assistance with certifications or if you have any questions regarding this new process, please do not hesitate to get in touch with us directly. Get in touch with us on [email protected].

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].