Important updates on the Nomad Residence Permit

Malta Nomad Residence Permit

Yesterday, Residency Malta Agency, the Government agency responsible for managing the Nomad Residence Permit in Malta issued two important policy changes that are coming into effect shortly.

Increase in minimum annual gross income requirement

With effect from 1st April 2024, new Nomad Residence Permit application will have to show proof of a minimum gross annual income of €42,000, instead of the existing €32,400. It’s important to note that this adjustment does not affect current beneficiaries applying for a renewal, who will retain the same income conditions under which they applied originally. Also, this adjustment does not affect applicants who have submitted their applications before 1st April 2024 and whose application is still in process.

Increase in maximum stay period

With effect from 1st April 2024, it will be possible for Nomad Residence Permit card holders to apply for a renewal for a third time, having a maximum stay of 4 years in Malta, instead of the current 3 years. This option is open to all applicants.

Malta Nomad Residence Permit

The Malta Nomad Residence Permit, is open to individuals who can work remotely and independent of location, meaning they are not tied to a specific office or desk. The Nomad Residence Permit enables holders to retain their current employment based in another country whilst legally residing in Malta for up to a year, with the opportunity to renew if the applicants meet the eligibility criteria. If you would like to move to Malta on the Nomad Residence Permit, you will join a global community already present on the island. For more information and to seek assistance in applying for the Nomad Residence Permit, please contact us on [email protected]. You can also check out our relocation services here: https://sciberras.legal/practice-areas/relocation-services/.

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].

Case Study: International Protection Appeals Tribunal

Immigration Lawyer

Our client, the appellant, born in Tripoli, Libya, asserts his claim for refugee status primarily on grounds of past persecution and the potential for renewed persecution if returned to Libya. He identifies as Muslim and previously served at a high-ranking role in the army. His father has passed away, and his mother resides in Tripoli, along with his brother and sister.

The appellant recounts an incident in February 2017 when he was kidnapped and tortured after delivering a speech containing political references. He narrowly escaped, fearing he would have been killed otherwise. The kidnappers accused him of loyalty to Gaddafi, linking his speech to support for the former regime. He managed to flee the extremist camp and seek medical attention, eventually leaving Libya via Tunisia and arriving in Malta, where he applied for international protection.

The agency acknowledges the appellant’s military background but argues that he does not fit the high-risk profile for persecution based on loyalty to Gaddafi during the conflict. They contend that speaking favourably of Gaddafi does not automatically warrant international protection.

However, the tribunal recognises the ongoing instability and violence in Libya, as evidenced by recent reports detailing clashes between armed groups, forced evictions, mass graves, and the presence of foreign military forces. Despite not meeting the criteria for refugee status, following our arguments and presentations, the tribunal finds credible grounds for subsidiary protection under Maltese law due to the real risk of serious harm if the appellant returns to Libya.

Therefore, the tribunal partially upholds the appeal by confirming the rejection of refugee status but granting subsidiary protection to our client. This decision is based on substantial evidence of ongoing threats and instability in Libya, which pose a genuine risk to the appellant’s safety and well-being.

This was another success story for our firm where our client was granted subsidiary protection. Sciberras Advocates can assist in appeals at the International Protection Appeals Tribunal, with the Immigration Appeals Board or written requests to Principal Immigration Officer to appeal, overturn bans and challenge removal orders. More information about immigration services can be found here: https://sciberras.legal/practice-areas/immigration-law/ or contact us directly to speak to one of our immigration lawyers.

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].

Kusi Dismark’s Voluntary Repatriation and Future

Kusi Dismark Malta lawyer

Last evening, Dr Adrian Sciberras of Sciberras Advocates together with Dr Gianluca Cappitta of Mifsud & Mifsud Advocates, engaged in a constructive dialogue with Kusi Dismark and the Principal Immigration Officer along with his team. The meeting proceeded in an atmosphere of mutual respect. Following extensive deliberation, Kusi made the decision to voluntarily return to Ghana. This decision was reached after careful consideration and consultation with us, as his lawyers.

Kusi is currently on the way to his homeland, having willingly agreed to repatriation. Despite enduring a stateless status for over twelve years, Kusi will not face a ban thanks to the Ministry of Home Affairs’ intervention, which facilitated his repatriation. This incident highlights the numerous stateless individuals on our island, stressing the need for initiatives aimed at regularising their legal status.

While Kusi’s aspirations for Europe are momentarily paused, the silver lining lies in his imminent reunion with his mother, whom he has been separated from throughout his time away from Ghana. We remain committed to supporting him in his journey. Kusi is in good spirit and maintains an optimistic outlook for his future in 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].

What is a severance contract?

Employment Law Malta

A severance contract, also known as a severance agreement or separation agreement, is a legally binding document that outlines the terms and conditions under which an employee will leave the job. These agreements are typically used when an employee is terminated or laid off by the employer, although they can also be used in other situations, such as when an employee resigns.

The primary purpose of a severance contract is to protect the interests of both the employer and the departing employee. It typically includes various provisions that may cover the following:

Confidentiality Agreement: The agreement may include provisions to maintain the confidentiality of the company’s trade secrets and other sensitive information.

Severance Pay: The agreement may specify the amount of money or benefits the employee will receive upon separation. This could include salary continuation, a lump-sum payment, or other financial compensation.

Non-Disparagement Clause: This clause often prohibits both the employer and the departing employee from making negative or disparaging comments about each other.

Non-Compete and Non-Solicitation Clauses: These clauses may restrict the employee from working for a competitor or soliciting the employer’s clients or employees for a specified period after leaving the company.

Release of Claims: The employee typically agrees not to sue the employer for any claims related to their employment or termination in exchange for the severance package.

Return of Company Property: This clause states that the employee should return any company-owned materials, equipment, or documents.

Health Benefits and Insurance: Details regarding the continuation of health insurance or other benefits, if applicable.

References and Recommendations: The agreement may outline how the employer will respond to reference requests from prospective employers regarding the departing employee.

It’s important to note that the specific terms and conditions of a severance contract can vary widely and are negotiated between the employer and the departing employee. Legal advice is often recommended for both parties to ensure that the agreement complies with relevant laws and regulations and adequately protects their respective interests. In many cases, the employee is given a certain amount of time to review and consider the agreement before signing it, and they may have the option to consult with a lawyer.

Sciberras Advocates holds exceptional expertise in employment and labour law, including aspects such as drafting employment and severance contracts, the sale of businesses and its impact on employees’ future, cases of unfair dismissal, employment discrimination, workplace harassment, redundancy situations, employees’ rights for claims, and an array of other related issues. For assistance in employment and labour law, visit our practice area page: https://sciberras.legal/practice-areas/employment-labour-law/.

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].

Immigration appeal for a Nepalese client

Immigration Lawyer Malta

Preliminary

An appeal on a rejection decision given by the Immigration Appeals Board towards our client, a Nepalese national.

Facts

Our client arrived in Malta in October 2022, and was then held at the Malta International Airport on the 7th of October 2022 as he was about to travel to Portugal. That same day the Principal Immigration Officer issued against him a decision for his return and for his removal from Malta.

Our client had stated to the Principal Immigration Officer that he was on his way to he attends the Dashain Festival which is celebrated by the people of Nepal, and he was going to return to Malta a few days later. It turned out that our client had a visa valid for the purpose of work from July 2022 to November 2022 and our client had already attended an interview but had not yet stated working.

Merit

Sciberras Advocates appealed the decision before the Board in 2022 where we presented the submissions and also bail submission so that the appellant is to be released from detention.

The Decision Appealed

From evidence produced the Immigration Appeals Board decided that our client failed to convince this Board of his true intentions. Reasons given, that of travelling to Porto to participate in the Dashain festival does not tally and the single permit application had to be finalised first.

The Appeal

In April 2023, our firm presented an appeal on the decision to cancel the revoke the return decision and the entry ban issued by the Principal Immigration Officer in October. Our appeal consisted of various submissions, evidence produced and various legal considerations.

Appeals Court Decision

The Court of Appeal accepted the appeal of our client and revoked the original Board decision for the return and for the removal from Malta, together with the entry ban issued on the same day, so that our client could present a new application for a residence permit in Malta.

The final judgement can be downloaded from here: Malta Immigration Case 50 / 2023

This was another success story for our firm, winning an appeal for a third country national who was ready to start his new job in Malta. Sciberras Advocates can assist in appeals with the Immigration Appeals Board or written requests to Principal Immigration Officer to appeal, overturn bans and challenge removal orders. More information about immigration services can be found here: https://sciberras.legal/practice-areas/immigration-law/ or contact us directly to speak to one of our immigration lawyers.

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].

The EU Blue Card explained

EU blue card Malta lawyer

The EU Blue Card is a work and residence permit for highly skilled non-EU/EEA nationals which allows one to work and live in 25 countries within the European Union. The European Blue Card provides rights and a path towards permanent residence in the EU.

In this article you can find the necessary information on the Blue Card and the eligibility criteria. Malta offers the Blue Card through Identità, together with other alternative employment permits for highly qualified workers such as the Key Employee Initiative (KEI) and the Specialist Employee Initiative (SEI). However, it is important to note that this type of permit is issued in accordance with the provisions of the relative EU directive and is distinct from a residence permit issued for highly qualified purposes under Maltese policies such as the KEI and SEI programmes.

An EU Blue Card gives highly qualified workers from outside the EU the right to live and work in an EU country, provided they have higher professional qualifications, such as a university degree, and an employment contract or a binding job offer for at least one year with a high salary compared to the average salary in Malta (1.5 x the average gross annual salary).

A third country national must be in possession of professional qualifications and have a work contract that covers at least a period of one year, together with travel documents and health insurance. The EU Blue Card does not apply to self-employed individuals.

Following the first renewal, one can apply for a residence permit for a validity period of two years if the Blue Card holder is in possession of a work contract for a period exceeding two years. During the first two years as a Blue Card holder, if there is a change in employment, one would be required to submit a new application, however after having been employed as a Blue Card holder for more than two years, if one changes employment, all that is required is to present the new work contract to Identità. If a Blue Card holder loses employment, one has three months to find a new job. Following these three months, the EU Blue Card will be withdrawn completely.

One of the advantages of the EU Blue Card is that it allows holders to move and work within other EU member states under certain conditions. EU Blue Card holders are generally allowed to bring their family members with them to the host country. And after a certain period of legal and continuous residence, EU Blue Card holders may be eligible to apply for permanent residency in the host country.

For assistance on 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].

Seamless Relocation to Malta

Immigration lawyer Malta

In today’s globalised world, the demand for relocation services is on the rise, with individuals and businesses exploring new horizons in different countries. Malta, a dynamic European hub, has emerged as a top choice for relocation, offering a vibrant mix of history, picturesque landscapes, and a thriving corporate sector. At the forefront of facilitating smooth and stress-free relocations to Malta is Sciberras Advocates, a legal team with expertise in immigration law.

Malta: A Prime Destination for Skilled Professionals

Nestled in the heart of the Mediterranean, Malta has become a magnet for skilled professionals seeking a unique blend of career opportunities and quality of life. Boasting a robust economy and a welcoming environment, the island nation provides various relocation options for individuals looking to make the move.

Sciberras Advocates: Your Partner in Seamless Relocation

At Sciberras Advocates, we take pride in our in-depth knowledge of immigration law, specialising in residence and relocation programs tailored to meet diverse needs. Here’s a glimpse of the programs we offer:

Nomad Residence Permit

Ideal for remote workers, the Nomad Residence Permit offers a one-year residence permit, renewable for up to three years. This program allows individuals to retain their current employment based outside of Malta while legally residing in the country. To qualify, applicants must earn a minimum gross yearly income of €32,400 (updated to €42,000 as from 1st April 2024). Read more about this here: https://sciberras.legal/2022/07/26/digital-nomad-welcome-to-malta/.

Global Residence Programme (GRP)

Designed to attract non-EU, EEA, or Swiss nationals, and who are not long-term residents. Individuals benefitting from this programme are not precluded from working in Malta, provided they satisfy the requisite conditions for obtaining a work permit.

Key Employee Initiative (KEI) Single Work Permit

Offering a fast-tracked service, the KEI Single Work Permit is tailored for highly specialised Third Country Nationals aiming to be employed in Malta. Qualifying candidates must hold the necessary qualifications and receive an annual gross salary of at least €35,000.

Specialist Employee Initiative (SEI) Single Work Permit

Catering to highly skilled third-country nationals, the SEI Single Work Permit is an accelerated service for individuals who may not be eligible for the KEI initiative. With relevant academic, vocational, or technical skills, applicants must secure an annual gross salary of at least €25,000.

A Comprehensive Approach to Relocation

Sciberras Advocates adopts a comprehensive approach to relocation services, addressing the diverse needs of individuals looking to change residency in Malta. Whether through residence permits, specialised programs, KEI Single Work Permits, or SEI Single Work Permits, our team ensures a seamless transition to your new life on the island of Malta. If you’re considering relocating to Malta for career growth, as a digital nomad, or a change of scenery, Sciberras Advocates is your trusted partner in navigating the complexities of immigration law. With our expertise and tailored relocation programs, we strive to make your journey to Malta a smooth and rewarding experience. More information about our relocation services, click here.

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].

New tax rules for Nomad Residence Permit holders

Nomad Residence Permit Malta

By virtue of LN 277 of 2023, last December Malta has introduced new tax rules applicable to Nomad Residence Permit holders.

Individuals who are issued with a residence permit after 1st January 2024, will be subject to income tax at a rate of 10% on income derived from ‘authorised work’.  The new rules indicate the reporting obligations, being to register for income tax purposes, report the income received, file an annual income tax return, and pay tax as required.

However, Nomad Residence Permit in Malta are still able to benefit from the double taxation relief as per Malta’s tax treaties, and in such case, they must provide proof of paying taxes outside Malta at a rate of at least 10% on such income, and therefore that would not have to pay the 10% income tax in Malta.

It’s important to note that individuals who already hold a Nomad Residence Permit shall not be subject to income tax on the income from ‘authorised work’ derived prior to 1st January 2024.

For any questions about taxes in Malta, and tax compliance, please do not hesitate to contact us on [email protected].

Nomad Residence Permit

The Malta Nomad Residence Permit, is open to individuals who can work remotely and independent of location, meaning they are not tied to a specific office or desk. The Nomad Residence Permit enables holders to retain their current employment based in another country whilst legally residing in Malta for up to a year, with the opportunity to renew if the applicants meet the eligibility criteria. Applicants must prove they can work remotely, either for an employer or as a freelancer and earn at least €32,400 gross of tax a year (updated to €42,000 as from 1st April 2024).

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].

Specialist Employee Initiative (SEI) Single Work Permit

Employment Lawyer Malta

January 2024 marks the start of a new expedited application process for highly skilled foreign workers. The Specialist Employee Initiative (SEI) Single Work Permit will provide fast-tracked services to highly skilled third-country nationals, who may not be eligible for the Key Employee Initiative, but who hold the relevant academic, vocational or technical skills in line with their employment offer in Malta.

The scheme will facilitate the issuing of work/residence permits if the employee meets certain criteria in terms of qualifications and salary. The eligibility criteria for the Specialist Employee Initiative include an annual gross salary of at least €25,000 per annum and must be in possession of either an MQF Level 6 or higher in an area directly related to the employment position being offered in Malta or other academic, vocational or other certified qualified skill qualifications, which equate to an MQF level lower than MQF Level 6, but which are directly related to the position being offered by the Maltese employer, together with, a minimum of three years’ experience in a position directly related to the one being offered in Malta.

In fact, proof of experience must be presented in the form of either or a combination of previous employment contracts (signed by both employer and employee), employment history issued and officially certified (stamped or legalised) by the official employment authority in the country where employment was held or reference letters by former employer/s. Reference letters must show the start and end dates and details of the work carried out. The letters should contain clear contact details of the referee including a valid email address, postal address, and contact number. Identità may request additional documentation to determine eligibility.

The processing time for Specialist Employee Initiative (SEI) applications is fifteen working days, starting from the date of application submission of all the necessary documentation.

The three main eligibility criteria for Key Employee Initiative and Specialist Employee Initiative for the third-country national applicant:

Key Employee Initiative

  • A minimum gross basic salary of €35,000
  • The position offered in Malta is either managerial or highly technical
  • Duly certified and recognised qualifications of the applicant by (MQRIC)
  • Processing time – five working days

Specialist Employee Initiative

  • A minimum gross basic salary of €25,000
  • The position offered in Malta is professional or technical
  • Minimum MQF Level 6 or equivalent qualifications directly related to the job
  • In case of an MQF lower than level 6, proof of a minimum of three years’ experience in a position directly related to the one being offered in Malta
  • Processing time – fifteen working days

More info here: https://sciberras.legal/practice-areas/work-permits-residency/

If you are a local employer seeking to employ third country nationals, Sciberras Advocates can handle the work permit, visa and residency process including Single Work Permits, Key Employee Initiative (KEI) applications and Specialist Employee Initiative (SEI) applications.

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].

Navigating employment and labour law

Employment Law Malta

Employment and labour law can be intricate, demanding an understanding of rights and obligations for both employers and employees. In Malta, a country where legal frameworks intersect with EU employment laws, it becomes imperative for businesses and workers alike to comprehend the intricacies of employment legislation.

Navigating the complex terrain of employment and labour law in Malta requires a keen understanding of rights, obligations, and legal remedies. Employers and employees alike benefit from comprehensive legal assistance to ensure compliance with statutory conditions, promoting a harmonious and fair working relationship.

Wrongful terminations, discrimination and harassment claims, wage and hour disputes, non-compete and confidentiality agreements, employee contract disputes, whistleblowing, breach of contract… These are just a few examples of situations when either an employer or an employee may need a lawyer because of such disputes. In general, one should seek legal advice when facing any employment-related legal issues to protect their interests and ensure compliance with relevant laws and regulations.

An employment and labour lawyer in Malta can support both employers and employees through legal assistance with various scenarios.

For Employers

Employers bear the responsibility of understanding the legal landscape governing employment in Malta to avoid potential disputes that could prove both time-consuming and costly. Our legal firm offers a range of services to assist employers, including:

  • Drafting contracts of employment.
  • Formulating employment policies, human resource policies, and health and safety policies.
  • Negotiating employment terminations and resolving related disputes.
  • Facilitating work permits for foreigners.
  • Advising on dispute resolution, discrimination, wrongful discharge, defamation, settlements, and more.

For Employees

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. We have successfully represented employees in cases of unjust dismissals before the Industrial Tribunal and negotiated fair compensations through out-of-court settlements.

If you are in any type of situation where you require legal advice, our lawyers at Sciberras Advocates will be able to assist you with any employment issues. For more information contact us directly.

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].