Over the past months, the Authority for the Responsible Use of Cannabis (ARUC) has issued the first cannabis club licenses. These clubs that are also known as Cannabis Harm Reduction Associations must strictly adhere to the local legislation, directives, guidelines.

There are five different categories to choose from depending on the number of members that the prospective club would like to cater for, as follows:

Category 1: up to 50 members

Category 2: 51 to 100 members

Category 3: 101 to 250 members

Category 4: 251 to 350 members

Category 5: 351 to 500 members

To start of an application, it is essential to propose a name for the cannabis club and details such as the registered address, and all personal details of the founding members, administrators and key person.

The application documentation and files must include:

• A draft statute of the cannabis association
• A logo
• A membership policies
• An organisational structure
• A personal declaration forms and source of wealth for all board members involved
• A Fit and proper enquiry for all board members involved
• A code of conduct of the association

Several other documents are required, including but not limited to:

• A declaration by an architect for the site
• A detailed floor plan of the site
• Details on the operating environment: Cultivation process, seeds, pest control management plan, hygiene, waste management, recovery plan, transportation policies and procedures, packaging, harm reduction initiatives, product display policies, record keeping for the register of members and more
• Details about the distribution process
• Human resources plan
• A detailed financial plan

You can read more about this in our dedicated webpage: https://sciberras.legal/practice-areas/cannabis-law/. If you are interested in establishing a cannabis club / cannabis association in Malta, contact us at Sciberras Advocates for legal guidance and expertise on the application procedures.

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].

In today’s article, we will delve into a comprehensive exploration of key terms associated with the dynamic employment landscape in Malta. It’s important to emphasise that the information provided below serves as a foundational overview, offering essential insights into the fundamental aspects of Malta’s employment scenario. As we navigate through various terms, we aim to provide readers with a solid understanding of the basic elements that contribute to the unique and evolving employment environment in this Mediterranean island nation. Whether you are a job seeker or an employee this article will serve as a valuable resource on the fundamental concepts that shape the employment landscape in Malta. Employment, work permits, and residency are hot topics in Malta reflecting the complicated regulations and opportunities that define the island’s labour market.

Maltese Labour Law

The primary legislation for labour law is the Constitution of Malta, the Employment and Industrial Relations Act (EIRA), the Employment Commission Act, the Employment and Training Services Act and EU Regulations and Directives.

Employment Contract

Employment contracts can be indefinite or definite.

Indefinite: the employee is engaged in employment for an indefinite period, meaning it does not include a termination date. An indefinite contract of employment cannot be changed into a definite contract of employment.

Definite: the employer and employee agree on its duration, meaning such contract includes a termination date. A fixed term contract can be renewed up to a maximum period of four years, after which the employee shall be on an indefinite contract.

Probation Period

The probation is an established period during which the employee is assessed by the employer on suitability for the job and the employee decides whether he/she wants to continue the employment in that job. The probationary period is an obligation. During probation either party may terminate the employment without assigning any reason, provided that one week notice is given if the employment has exceeded one month. The whole probationary period is payable with the rate of wage agreed.

Wages

For 2024 the national minimum wage per week of a full-time employee is ​€​​213.54. On a yearly basis, the cost-of-living increase issued by the government is obligatory. A full-time employee is entitled to the full increase, while a part-time employee is entitled to it in proportion to the hours worked.

Working Hours

The standard normal hours of work for a full-time employment (excluding overtime) are based on 40 hours a week. However, working hours can vary according to the sector of industry. An employer can ask an employee to work more than an average of 48 hours per week but in such a case, a written consent is required from the employee.

Leave

Every employee with a 40-hour working week is entitled to paid annual leave of 192 hours. There is various other leave such as: Bereavement leave​, birth leave, court witness leave, injury leave, jury service leave, marriage leave, maternity leave, parental leave, sick leave, urgent family leave and others.

Notice Period

When terminating employment with an indefinite contract notice needs to be given prior to the termination of employment. Notice is calculated on the employee’s continuous length of service, as follows:

• ​For​ more than one month but not more than six months – one week
• ​For more than six months but not more than two years – two weeks
• ​For more than two years but not more than four years – four weeks
• ​For more than four years but not more than seven years – eight weeks
• ​For more than seven years, an additional 1 week for every subsequent year of service or part thereof up to a maximum of twelve weeks
• ​​For such longer periods as may be agreed by the employer and employee in the case of technical, administrative, executive or managerial posts.

Termination during Probation

The first six months of employment are the probation period. During probation either party may terminate the employment without justification, provided that a week’s notice is given when the employment has exceeded one month. However, in the case of a pregnant employee, the employer is obliged to give the employee reasons in writing to justify the dismissal so long as they are unrelated to the employee’s condition.

Wages and Payslips

Wages should be paid at regular intervals, not exceeding 4 weeks in arrears. Employers must give their employees an itemised payslip, either before or on the date when the wages are due. A complaint can be lodged at the Department of Industrial and Employment Relations (DEIR) if the employer fails to pay the employee the wages due and if the employer fails to provide the payslip due.

It is important that the employee always keeps his timesheet from the first day of employment ideally in digital format in a table which should include the day of the week, the date, the time in and time out less break and total working hours. This will help the Department build your claim of the employee when there is a wage dispute.

Wage Deductions

An employer is not allowed to make deductions from the employee’s wage, except where permitted by law or by an order of a court. The employer can impose fines on the employees only if it is agreed in a collective agreement or specified in a contract of employment or written statement and authorised by the Director of Industrial and Employment Relations.

Overtime

The employer can oblige an employee to work overtime, provided:

(1)          the total hours of work do not exceed on average 48 hours a week.

(2)          the employee has consented in writing to work more than the weekly average.

However, such a consent can be withdrawn by the employee, provided that a written notice of at least 7 days or a longer period of maximum 3 months as may be agreed, is given to the employer. Employees do not have to work overtime especially during pregnancy and for a period of 12 months from the birth of the child or from the date of a child’s adoption.

Overtime Rates

Most sectors have their overtime rate regulated by the respective Wage Regulation Order (WRO).

Employees whose overtime rate is not covered by this shall be paid one and a half (1.5) times the normal rate for each hour worked in excess of the 40 hours per week.

Rest Periods

Where the working day is longer than six hours, an employee is entitled to not less than 15 minutes of rest, unless a longer period of rest is provided by another agreement. This rest period is not considered as working time.

Sick Leave

The amount of sick leave varies according to each industry-specific sector and is stipulated in the relevant WRO that regulates each specific sector of industry. In the case of a sector not covered by a WRO, an employee is entitled to two working weeks of sick leave annually, calculated in hours.

Public Holiday

When a public holiday falls on any day of the week that the full-time employee is not scheduled to work on such day as part of the normal weekly roster, the equivalent in hours of one working day is to be added to the employee’s vacation leave entitlement. In the case of part-time employees and full-time employees working reduced hours, the equivalent in hours of one day pro rata is to be added.

Maternity Leave

A pregnant employee may take an uninterrupted period of eighteen (18) weeks maternity leave as follow: First fourteen (14) weeks with full wages paid by the employer and the remaining four (4) weeks which are not paid by the employer. However, the employee must apply for the Maternity Leave Benefit to which she is entitled in terms of the Social Security Act. On termination of maternity leave, the employee has the right to resume work in the post formerly occupied before the start of the maternity leave, and if such a post is no longer available, to a similar post.

Unfair Dismissal

The Employer may only terminate a contract of employment based on a ‘good and sufficient’ cause, redundancy, or the employee reaching retirement age. The following are a few example scenarios that are not considered to be ‘good and sufficient’ causes: Getting married, going on maternity, becoming a member of a trade union, joining religious groups, the employer no longer having the confidence of the employee, disclosing information to a public regulating body regarding alleged illegal activities being committed by the employer.

Reason of Termination

When the relationship between the employer and the employee ends, both parties need to inform Jobsplus about the reason of termination. If either the employee or the employer disagrees about the reason of termination, any party can take recourse and lodge a complaint to the National Employment Authority, by visiting personally and providing a copy of the Jobsplus.

The function of the National Employment Authority is to investigate and adjudicate any complaints which any interested party may bring before it regarding employment and training services provided by Jobsplus. Appeals may be filed by employees, employers and even by persons registering as unemployed.

Any person aggrieved by a decision of the Jobsplus, may within fifteen days from the notification of such decision, appeal in writing to the Authority. It is advisable one visits the Authority at Block C, Beltissebh, Floriana or seeks legal advise before doing this.

Employment Process for Third Country Nationals

If you are a Third Country Nationals thinking of relocating to Malta, or is already here and need employment guidance, have a look at this specific page containing Immigration Frequently Asked Questions by Third Country Nationals.

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

Malta offers several special residence permits for third country nationals who are considered as highly qualified individuals. These types of permits aim to facilitate the attraction and retention of highly skilled professionals from outside the EU, contributing to the competitiveness of the Maltese labour market and addressing skill shortages in certain sectors. In this article you can find the necessary information about these types of permits and the eligibility criteria.

Through Identità, the official government entity in Malta responsible for citizenship, passports, identity documents, and residence permits, a highly qualified individual can apply for employment through three different work permits, mainly being:

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

It is important to note that the Key Employee Initiative (KEI) and the Specialist Employee Initiative (SEI) are residence and work permit 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.

Specialist Employee Initiative (SEI) Single Work Permit

Provides a fast-tracked service 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 they hold the necessary qualifications and will be offered an annual gross salary of at least €25,000 per annum.

In summary:

• 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

Key Employee Initiative (KEI) Single Work Permit

Provides a fast-tracked service to highly specialised Third Country Nationals who are looking to be employed in Malta. The scheme that holds an accelerated service will facilitate the issuing of work/residence permits if they hold the necessary qualifications and will be offered an annual gross salary of at least €35,000 per annum.

In summary:

• 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

EU Blue Card – Malta

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 out of 27 countries (except Denmark and Ireland) within the European Union. The European Blue Card provides rights and a path towards permanent residence in the EU.

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.

For assistance on 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].

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 1^st 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 1^st April 2024 and whose application is still in process.

Increase in maximum stay period

With effect from 1^st 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].

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].

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].

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].

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 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].

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].