Empowering Workers for Fair Treatment and Justice

A new setup has emerged for employees and workers in Malta with the establishment of the Employee Support Rights Malta (ESRM) group. Dedicated to upholding the rights and interests of workers across Malta and Gozo, ESRM is committed to providing guidance, assistance, and representation throughout the process of seeking recourse for workplace issues.

In an era where job security and fair treatment are of paramount importance, ESRM has positioned itself as a vital resource for the workforce in Malta. The primary mission of the group is to empower employees by guiding them through the often complex and challenging process of seeking justice and fair compensation.

At the heart of ESRM’s mission is a commitment to assist employees in submitting claims to the Department of Industrial and Employment Relations (DIER). The group recognises that navigating the legal framework can be daunting, and ESRM’s legal experts are here to simplify the process, ensuring that every worker’s voice is heard, and rights are protected. ESRM goes beyond mere assistance with paperwork. The group is prepared to represent employees before the Industrial Tribunal, ensuring they have a strong advocate by their side during this critical phase.

Moreover, ESRM is committed to facilitating potential out-of-court settlements through effective negotiation. ESRM recognises that not every case needs to go to trial, and the group’s skilled negotiators will work tirelessly to achieve fair and equitable resolutions for all parties involved.

ESRM welcomes all employees and workers in Malta to reach out for guidance and support. Whether facing workplace discrimination, unfair dismissal, or any other employment-related issue, ESRM is here to champion your cause. Employee Support Rights Malta is administered by Sciberras Advocates. You can follow the page here: https://www.facebook.com/EmployeeSupportRightsMalta.

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].

Background information to the case

Our client, a local company, had employed an individual on a full-time employment contract, for an indefinite period. The employee was dismissed from employment for negligent behaviour at work. Furthermore, the employee at that time had failed to inform our client, the employer, regarding her pregnancy, even though she had claimed that she was willing to return to employment on a full-time basis post maternity leave.

Employment problem

During the employment, the employee did not conduct herself properly and eventually, following a meeting held at the company’s premises, the directors notified the employee that they were no longer willing to employ her. The employee refused to resign, and eventually she was served with a letter from Jobsplus regarding her termination from her place of work for disciplinary reasons. The applicant felt highly aggrieved by this decision, attesting that she always performed her work diligently. Accordingly, she filed an action in front of the Industrial Tribunal, and raised the argument that her termination was solely a consequence of her pregnancy and referred to both Article 36(14) of the Employment and Industrial Relations Act (Chapter 452 of the Laws of Malta) and Subsidiary Legislation 452.9, ‘Protection of Maternity (Employment) Regulations’. This, even though our client was never made aware of her pregnancy.

The Tribunal did not uphold the applicant’s claim, and voted in favour of our client by asserting that the termination from employment was a result of her behaviour at work, and that her pregnancy was an external factor to such dismissal. The Tribunal based its conclusion on corroborating evidence from other employees and ex-employees of the company, who all alleged that the applicant was negligent in her duties and placed a burden on the other team members to conduct the tasks that were primarily assigned to her. Moreover, reference was made to other employees who, after their maternity leave had elapsed, returned to work on a full-time basis.

From cross examining one of the employees of the company, who had a managerial role, it was concluded that although no written attestation of wrongful behaviour was issued to the applicant, there were various verbal warnings on such regard. Consequently, the Industrial Tribunal pronounced that the termination of the applicant was based on just grounds and was not unlawful.

An appeal

The Tribunal’s decision was eventually appealed by the employee who through her lawyer reinforced the arguments and stated that although the witnesses had declared that the employee’s attitude at the place of work was not ideal, there was no concrete evidence to showcase this.

Sciberras Advocates argued that the appeal is null and void since an appeal from a Tribunal’s decision can only be on points of law and can never be on a point of fact.

Conclusion

Concluding, what the court had to decide is whether the appeal was done on a point of law or on a point of fact, basing itself on article 82(3) of the Employment and Industrial Relations Act. Moreover, the point of law being elucidated upon must have already been determined by the Tribunal itself. The Court upheld the Tribunal’s decision and argued that the appeal is not regarding on a point of law, but rather a fresh evaluation of the evidence produced. The court, ultimately, was not convinced with the way the aggravations were put forward, and accordingly, decided in our client’s favour.

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

Article written 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].

When a business is sold, the fate of the employees can vary depending on the circumstances of the sale and the new owner’s intentions. Here are some general common scenarios that may occur when a business is sold:

Business as usual with new owner: In some cases, the new owner intends to continue operating the business with minimal changes. In such a scenario, the existing employees may retain their positions, and their employment terms and conditions may remain unchanged. The new owner may evaluate the employees’ performance and retain those who are essential to the business’s operations.

Layoffs: If the new owner acquires the business to restructure or streamline operations, they might decide to downsize the workforce. This could lead to layoffs of some employees, especially if certain roles or departments are duplicated or no longer necessary in the new owner’s vision for the business.

Transfer of employment: In some acquisitions, the new owner might decide to transfer a certain number of employees to the new entity while offering them comparable roles and benefits. This is more common in mergers where two businesses combine to create a new entity.

Re-evaluation and hiring process: In some cases, the new owner may conduct a thorough evaluation of the existing workforce and then decide to rehire some employees based on their skills, qualifications, and fit for the new company’s culture and goals. This might involve the affected employees having to go through a hiring process again.

Contractual obligations: The fate of the employees could also be influenced by employment contracts or union agreements. If there are clauses in the contracts that protect employees in the event of a sale, the new owner may have to adhere to those terms and retain the employees for a certain period or under specific conditions.

Severance packages and benefits: In situations where employees are laid off or their positions are made redundant due to the sale, the original company or the new owner might offer severance packages or provide certain benefits to support the employees during the transition.

Business closure: In some unfortunate instances, the new owner may acquire the business with the intention of shutting it down. This would lead to the termination of all employees’ contracts, and they may be offered severance packages or other benefits, depending on the local labour laws and contractual obligations.

It’s important to note that local laws and regulations related to employee rights and protections will play a significant role in determining how employees are treated during a business sale. Under Maltese law, the transfer of a business or part of a business to a new owner is governed by the Transfer of Business (Protection of Employment) Regulations (S.L. 452.85). The Protection of Employment Law applies at EU level in order to facilitate cross-border transactions between companies and ensuring, at the same time, that the right to employment is not violated.

In Malta, the law provides strong protections for employees in connection with the sale of a business. The Transfer of Business (Protection of Employment) Regulations aim to safeguard the rights and interests of employees in cases of business transfers, ensuring continuity of employment and protecting against unfair treatment.

When a business is sold, the employees cannot be dismissed solely as a result of the sale. If such dismissals occur, they are considered unfair dismissals under Maltese law. This means that an employer cannot terminate an employee’s contract just because the business has been sold, as the transfer of business itself does not constitute a valid reason for termination.

In the case of a transfer of business, the employment contracts of the affected employees are automatically transferred to the new employer. The transfer should be done with the same terms and conditions of employment as before the transfer took place. This means that employees’ rights, benefits, and working conditions should remain unchanged due to the transfer of business. The new employer is obliged to respect and honour the existing employment contracts, and any changes made without the employees’ consent would be in violation of the law.

The purpose of these protections is to safeguard employees’ rights and job security during a business sale. It ensures that employees do not suffer unjust consequences due to a change in ownership, and that their employment remains stable despite the transfer of the business to a new owner.

It’s essential for both the selling and acquiring businesses to comply with these regulations to avoid potential legal issues and disputes with employees. If any disputes arise, employees have the right to pursue legal action for unfair dismissal or any breach of their employment rights in connection with the business sale.

As with any legal matters, it’s crucial to consult with a qualified employment lawyer in Malta to ensure full compliance with the country’s labour laws and regulations when handling business transfers and employee-related issues. Sciberras Advocates holds exceptional expertise in employment and labour law matters, including aspects such as 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].

Story of the case

Our client, a Third Country National from Nepal, arrived in Malta on the 3^rd of July 2022 after being issued with a residence permit allowing him to work with a local company. His residence permit was valid from the 22^nd of July 2022 until the 22^nd of July 2023.  On the 26^th of August 2022, our client decided to travel to Porto on holiday and had a return flight ticket back to Malta on the 3^rd of September 2022.

Airport drama

When at the airport, our client was stopped at the gate, his employer was contacted to verify whether he was aware of client’s trip to Porto. The employer could not be reached but the Inspector spoke to a company representative, and it resulted that the representative was not aware whether appellant took days off to travel. At this stage our client was issued with a removal order, return decision and entry ban valid for the period of 3 years.

Lawyers’ intervention

At that point the client contacted Dr Adrian Sciberras from Sciberras Advocates and Dr Karl Cordina from Belgravia Advisory to assist with an appeal at the Immigration Appeals Board.

Day of sitting: Appellant vs Principal Immigration Officer

During the sitting, the Principal Immigration Officer stated the facts of the story and presented a copy of flight itinerary to the Immigration Appeals Board (IAB), which flight tickets were purchased on the 24^th of August 2022, prior to our client’s departure out of Malta. From all the evidence produced, it resulted that the appellant’s arrival in Malta was on the 3^rd of July 2022, weeks before the trip to Porto. Our client was already in possession of a valid single permit and his flight itinerary was showing an outbound flight to Porto on the 26^th of August 2022 and an inbound flight to Malta on the 5^th of September 2022, which flights were purchased prior to the issuance of the return decision and removal order, issued on the 26^th of August 2022. We presented other arguments, evidence, and documents to support the appellant.

Decision by the Immigration Appeals Board

The IAB found that on the day the appellant was stopped at the gate, the appellant was not contravening any of the grounds upon which the return decision, removal order and entry ban were issued. In view of the above, the IAB upheld the appellants appeal and revoked the return decision, removal order and entry ban issued on the 26^th of August 2022.

Need assistance?

Sciberras Advocates can assist in appeals at 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].

Mergers and acquisitions (M&A) encompass a legal practice area focused on consolidating businesses, involving the combination of two or more companies through various legal operations such as mergers, asset purchases, hostile takeovers, and other related activities.

The significance of M&A has grown considerably as numerous companies strive to achieve business growth and market diversification. By consolidating companies and assets, M&A endeavors aim to stimulate growth, gain competitive advantages, and expand market share.

While financial implications often come to mind when discussing M&A, the legal aspects are equally crucial. Throughout the acquisition or merger process, different legal issues may arise at different stages. Therefore, it is imperative to have adequate legal guidance when embarking on an M&A journey.

The complexity and sophistication of the legal operations involved in M&A deals vary depending on factors such as the deal’s size and the industries involved. The legal aspects of an M&A process typically encompass considerations such as deal structure, non-compete clauses, due diligence, representations (tax, compliance), and conditions.

During the initial stages of an M&A transaction, financial and legal advisors work together to identify any potential financial or legal incidents that may impact the transaction during the due diligence phase. These findings serve as the basis for discussions regarding the M&A deal. Once this phase is concluded, legal advisors proceed to prepare contracts and initiate negotiations. As the contracts are finalised, the M&A deal moves towards its completion.

Some of the key services related to M&A by Sciberras Advocates include:

• Due diligence and legal opinions
• Advising on all legal and tax aspects of transactions
• Drafting and negotiating transaction documents
• Making all required statutory filings

Thanks to the combined expertise of accountancy, financial transactions, corporate business experience and the law, Sciberras Advocates offers expert guidance on a variety of legal and commercial matters. For more information on M&A please visit: https://sciberras.legal/practice-areas/mergers-acquisitions/.

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].

Local companies are reaching to the rest of the world to find new employees. International workers are crucial to Malta’s economy and workforce. As a small island nation with limited resources and a population of over 500,000, Malta’s economy heavily relies on foreign investment, tourism, and international trade. The country’s thriving tourism and other industries require a substantial number of international workers to sustain and grow.

Moreover, the Maltese government has been actively promoting the country as an attractive destination for foreign workers and businesses. The government has implemented various measures to attract international talent, such as tax incentives, startup residency programmes, promising work permit regulations, and streamlined immigration processes.

In recent years, Malta has seen an increase in international workers, especially in the technology, financial, and gaming sectors. Over and above, there is also a big number of individuals relocating to Malta as manual workers, normally being Third Country Nationals (TCNs). Manual workers are individuals who perform physical labour or manual tasks that require strength, skill, and sometimes specialised training. These jobs typically involve using tools, machinery, or equipment to construct, repair, or maintain various structures, such as construction workers, electricians, plumbers, mechanics, factory workers, warehouse workers, delivery persons, nurses, and carers, among others.

Manual workers play an important role in many sectors of the economy of Malta. The influx of international workers has also contributed to Malta’s cultural diversity, which has brought a positive and a negative impact on locals. International workers bring a variety of skills, experiences, and perspectives that can help local businesses expand globally, foster innovation, and create new opportunities for growth. Overall, international workers play a crucial role in Malta’s economy and society, contributing to the country’s growth, development, and diversity.

If you are an employer in Malta looking to hire TCNs, it is important to note that they require a Single Work Permit to be able to work and reside in the country. Once a TCN has accepted a job offer in Malta, they will need to apply for a Single Work Permit and provide the necessary documents. Once the application is accepted in principle, the individual will need to apply for a Visa at the nearest Consulate or Embassy. When the Visa is granted, they can travel to Malta to begin working in Malta. Upon arrival, they will need to finalise the Single Work Permit process and apply for a Maltese Residence Card. It’s good to know that most of the processes are dependent on the employer.

Our team at Sciberras Advocates is experienced in assisting employers with obtaining Single Work Permits, Visas, and Residence Cards for your new employees. We can handle all the paperwork and ensure that the process goes smoothly. If there are any rejections, we can also handle appeals directly with our firm. If your business requires assistance with work permit documentation in Malta do not hesitate to contact us. We are here to handle all your paperwork and ensure that the process is stress-free.

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].

Sciberras Advocates, together with Belgravia Advisory have recently achieved a successful joint appeal on behalf of a Bangladeshi National who had been legally residing and working in Malta for many years together with his wife and child born in Malta.

The employer had shifted the contract of our client with another employer in what should have been a continuation of the current employment, however in line with JobsPlus rules, there was a request to change the single permit from the former to the latter employer.

The first employer however back-dated the termination putting the appellant, our client, in an undesirable position as it was beyond the 10-day grace period granted by the Identity Malta Agency to Third Country Nationals (TCNs). Consequently, the work permit was refused, prompting the client to seek assistance from Belgravia Advisory an Sciberras Advocates.

As immigration lawyers in Malta, we evaluated the case with the client and presented various legal arguments to support our appeal for our client’s regularisation in Malta. After presenting evidence and documents, as well as a timeline of events, the Immigration Appeals Board decided the case in our client’s favour, allowing him to apply for a new single permit and continue living in Malta. Today our client has successfully received his new residence card issued on behalf of his employer, without having to exit or travel outside Malta. 

This achievement serves as another successful outcome for both our client and both law firms.

In Malta, TCNs who wish to change their employer must obtain a new work permit from the Identity Malta Agency. Under the current regulations, TCNs are allowed a 10-day grace period to apply for a new work permit before their current permit expires.

If a TCN fails to submit a new work permit application within the 10-day grace period, the permit is considered lapsed, and the individual will be required to leave Malta immediately. Furthermore, the individual may be prevented from re-entering Malta for a specified period.

It’s worth noting that the 10-day grace period is a strict requirement, and the Identity Malta Agency does not have the authority to extend it. Therefore, it is crucial for TCNs to submit their new work permit applications within the specified timeframe to avoid complications. In case a TCN misses the deadline, seeking assistance from an immigration lawyer may help salvage the application before it is refused or file an appeal on the refusal decision and explore any alternative legal options available.

If you require similar assistance, please do not hesitate to contact us here at Sciberras Advocates. Regardless of the specifics of your case, we can evaluate your situation and offer support.

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

Article written by Ms Charlene Sciberras, B.A. (Hons), guest writer, is a marketing and business administration specialist with a special focus on corporate, accounting, and legal matters.

Sciberras Advocates founded by Dr Adrian Sciberras, is a law firm based in Malta. The firm prides itself to be multi-disciplinary, innovative and flexible in order to meet the changing times and any challenges in the local and international legal scenario. No matter what private or corporate complex demands are called for, Sciberras Advocates offers practical and cost-effective legal solutions to achieve your desired results. You may reach Sciberras Advocates by phone on +35627795222 or via email on [email protected].

After the UK’s departure from the European Union, known as BREXIT, UK citizens and their families who were residing in Malta could continue to do so, provided they met the conditions outlined in the Withdrawal Agreement and national laws set by the Maltese government through a legal notice. The transition period ended on the 31^st December 2020, but due to COVID-19 travel restrictions, the application period was extended until the 30^th June 2021.

UK nationals who had been residing in Malta based on their status as EU nationals had the right to continue living in Malta and traveling in and out of the country after the transition period ended. The Withdrawal Agreement also extended these rights to family members, subject to certain conditions.

UK nationals who are eligible for beneficiary status under the Withdrawal Agreement and national legislation have been issued a residence document valid for ten years, which can be renewed automatically on application, provided that they continue to meet the necessary conditions. UK nationals apart from the right to take up employment, they are also allowed to carry out self employed activity.

However, we still see too many issues with British nationals who used to live in Malta prior to BREXIT and did not yet regularise their position or have been slapped with bans due to overstay when they travelled out of Malta. If this is the case for you, Sciberras Advocates can assist with regularising your position in Malta to continue residing here through legal advice, applications and travel ban appeals in Malta.

It’s good to know that for those UK nationals who were not residing in Malta before the end of the transition period, they can still apply for residence permits available to non-EU nationals. Depending on the circumstances, they may be able to obtain a residence permit for up to ten years. Each application is reviewed on its own merits, and applicants are responsible for providing the necessary documentation to support their claim. Sciberras Advocates can assist with such residence permits in Malta.

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].

Sciberras Advocates has recently won an appeal on behalf of a client. Our client had been residing and working legally in Malta for many years. In 2021 he submitted a change of employer as he wanted to change jobs, however he was late with the submission. It was submitted beyond the 10-day grace period which Identity Malta Agency give to Third Country Nationals. Following the work permit refusal, the client reached out to Sciberras Advocates for assistance.

As immigration lawyers in Malta, after assessing the case with the clients, we filed an appeal using different legal arguments on how and why our client should be granted another opportunity and allowed to regularise his positions in Malta. At the sitting, following the evidence and documents produced, timeline of events and the Court of Appeals considerations, the Immigration Appeals Boards accepted the appeal and allowed our client to apply for a new work permit to continue living here in Malta with his family.

The IAB ordered Identity Malta Agency to process the appellant’s application within three weeks from the date of judgement. The Board also requested that once appellant’s single work permit is issued, appellant is to notify the Principal Immigration Officer with an authenticated copy of the residence permit.

This is another success story for our client and Sciberras Advocates. If you are in a similar situation, we can help you… Regardless of the nature of your case, contact us to assess your situation. For more info please also refer to our dedicated webpage on immigration services in Malta by Sciberras Advocates.

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 has been attracting digital nomads for many years due to it being a multi-cultural, sunny and cosmopolitan island in the heart of the Mediterranean. Officially, Malta started welcoming digital nomads through the Nomad Residence Permit in 2021.

In between the island life vibes, English language, flight connectivity, arts, history and culture, Malta ticks many boxes for digital nomads. So as long as one has a flexible career and can work remotely from anywhere in the world, digital nomads are choosing Malta to get their 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 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).

The Nomad Residence Permit in Malta is of particular interest as it is open to individuals from third countries, who would normally (but not necessarily) require a Visa to travel to Malta. To note is that to facilitate the process, third-country nationals who require a Visa to enter Malta, may apply for a Premium Visa offered by Identity Malta Agency, at an additional charge.

As a digital nomad to apply for the Nomad Residence Permit in Malta you will need:

• A valid travel document
• Proof of income
• Agreements showing current engagement of employment outside of Malta
• Health insurance covering risks in Malta
• Proof of accommodation

If you want to migrate to Malta as a digital nomad, 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 in Malta, please contact Ms Charlene Sciberras 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].