Immigration FAQs for Third-Country Nationals (TCNs)
HOME / PRACTICE AREAS
PRACTICE AREAS
Immigration FAQs for Third-Country Nationals (TCNs)
Malta as a country and economy has exceeded it’s expectations in the past ten years and there has been an increasing demand for foreign workers to fill the lack of local workforce. Malta, being the fastest developing country in Europe in terms of growth in the labour market and growth in population offers a number of career and work opportunities.
There are many reputable companies who need constant workers, most of these being in the catering and hospitality industry, as well as in the construction and manual work sectors. There are also a number of service industries that require skilled people such as doctors, nurses, accountants, clerical positions and similar professions. If you are unskilled worker, you need to ensure that the job you are applying for in Malta matches the job description on your workbook. If you are a qualified individual you need to ensure that your qualifications meet the right standards. This can be checked here: https://mfhea.mt/academic-qualifications/
The procedure to apply for work in Malta for TCNs is called the Single Work Permit application. You need to either apply through the company that will employ you or through a reputable recruitment agency. When applying with an agency you need to ensure that the agency actually has experience in this business and also enquire about the success rate. Furthermore do make sure to understand if you are going to work with this agency directly and be subcontracted, or whether you will be employed directly with a specific company.
The employer or agency will apply for you on a ‘still abroad’ basis. The application is straightforward and you need to fill the form and attach all relevant documents: https://www.identitymalta.com/wp-content/uploads/2019/10/Form-C5-Single-Work-Permit-Still-Abroad-Application.pdf. Normally the employer will prepare this form with your input and submit to obtain an Approval in Principle letter. Please note that this is not your completed work permit. You will have to finalise the application process once you arrive in Malta.
In case of rejection, Sciberras Advocates can assist you if you provide us with the complete file. We can review the file and appeal accordingly.
Your next step is to apply for a Visa in order to travel to Malta and start your employment. This application is normally split into two phases: paperwork submission and interview. Each Consulate or Embassy have their own requirements to apply for a working Visa in Malta. A high number of Visa applications are submitted regularly, however even though Malta has a shortage of workers, the country still needs to select the correct applicants for the jobs to ensure that no one ends up in an incorrect position and is then requested to leave Malta soon after arriving. It is also important that you have good knowledge of the English language and that you have arranged for accomodation for your stay in Malta. Once you manage to get the Visa, you will have a permission to travel to Malta.
In case of rejection, Sciberras Advocates can assist you if you provide us with the complete file. We can review the file and appeal accordingly.
Once in Malta, you need to fulfil the final steps to complete the conditions of your work permit application and obtain the Maltese Residence Card. The work permit and residence card will be valid for one year. It is important that during the first weeks in Malta and beyond you ensure that:
You are correctly registered with Jobsplus
You are getting a payslip every month
You ensure that your National Insurance contributions are being paid by your employer
You are getting the correct amount of leave and overtime rates
You are being given an FS3 (your annual statement of earnings)
You are not terminated without being informed or not given advance notice to find a new job.
It’s important you understand that your work permit depends on your engagement with the company, so if at any point you are terminated without being informed, unless you can find another job in a short time you will be expelled from Malta because your residence card, which is tied to your job, ceases to be valid.
In case of cease of employment letter (letter of employment termination), Sciberras Advocates can assist you to review your situation in case of unfair dismissal.
At the tenth month of your stay, you will need to prepare the paperwork for the renewal of your work permit. This process is not complicated however it is important to be done on time as often residence card permits are rescidended on administrative manners by way of oversight.
In case of issues with the work permit renewals, Sciberras Advocates can assist you directly or through our partners.
Our work practice is limited to appeals at the Immigration Appeals Board or written requests to Principal Immigration Officer to overturn bans and challenge removal orders. Through our partners we can also assist you with work permits applications and Visa applications. Please do not send CVs as we are not a recruitment company.
More information about immigration services can be found here: https://sciberras.legal/practice-areas/immigration-law/
More information about conditions of work can be found here: https://sciberras.legal/practice-areas/employment-labour-law/
For assistance on immigration law and any type of work permit or Visa appeals, please contact us on [email protected].
WHY CHOOSE US?
We Fight For Justice
Lorem ipsum dolor sit amet, consetetur sadipscing elitr, sed diam nonumy
eirmod tempor invidunt ut labore et dolore magna aliquyam erat, sed diam
voluptua. At vero eos et accusam et justo duo dolores et ea rebum. Stet
clita kasd gubergren.
Cases Won
0%
Charge Dismissed
0%
Happy Clients
0%
25 Years of Experience
in Various Cases