FORMALITIES CONCERNING EMPLOYMENT

An employment license is required for third-country nationals and is only granted in exceptional cases. In addition, to qualify for self-employed status, a third-country national must meet one or more of the following criteria:

• Invest in Malta capital expenditure of at least €100,000 Invest in Malta's capital expenditure of at least €100,000 within 6 months from the date the ETC license is issued. The capital expenditure shall solely consist of fixed assets (such as immovable property, plant and machinery) used for business purposes as reflected in the business plan submitted with the application. Rental contracts do not qualify. Such expenditure needs to be supported by receipts in the TCN's name. The application also needs to be accompanied by a letter of reference regarding the TCN from a reputable Maltese bank that certifies that the TCN has the facility to raise such capital. A Business Plan is required, indicating clearly when such investment is to occur, within twelve months from the application.
• Highly skilled innovators with a sound business plan who commit to recruiting at least three EEA/Swiss/Maltese nationals within eighteen months of establishment. A business plan ought to be submitted with the application for employment
• Sole representative of an overseas company (with a sound reputation and established for at least three years abroad) wishes to open a Malta branch. Evidence of such representation is required on the application;
• A person leading a project has been formally approved by Malta Enterprise and officially notified by the latter to ETC. Formal notification by Malta Enterprise is required on the application.

Applications for an employment license containing a firm commitment about the engagement of EEA/Swiss/Maltese nationals as part of the staff complement will assist in the favorable consideration of an application.

FORMALITIES CONCERNING THE TCNS OF MALTA COMPANIES SEEKING MALTA RESIDENCE

In respect of TCNs, an employment license is required. In addition, such company for which the TCN is a shareholder or ultimate beneficial owner must meet one or more of the following criteria:

• Every TCN shareholder must have a fully paid-upshare capital of at least €100,000 which may not be redeemed, reduced, or transferred to a third party during the first two years following the issuing of the Employment License;
• Have made a capital expenditure of at least €100,000(with a sound reputation and established for at least three years abroad) wishing to open a branch in Malta. Evidence of representation is required;
• The company is leading a project that has been formally approved by Malta Enterprise and officially notified by the latter to ETC.

At the application stage, a business plan in conformity with the Memorandum and Articles of Association of the company must be submitted together with a letter of reference from a reputable Maltese bank that the TCN can raise the capital to which he/she would have committed himself/herself;, in respect of the TCN in favor of whom the license is to be issued.

Applications containing a firm commitment relating to the engagement of EEA/Swiss/Maltese nationals as part of the company's staff complement will assist in the favorable consideration of an application.

Concerning executive directors and in those cases where a director is not a shareholder, the application does not need to meet the above criteria. However, it will be processed from a labor market consideration. There are many aspects to labor market consideration, including the national situation regarding surpluses or shortages in the given occupation and sector; the employer's history and the situation in terms of recruitment and redundancy patterns; business investments; and contractual commitments. The TCN's skill level, relevant experience, and overall suitability for the position in question are also considered. Applications for TCNs from firms that have affected redundancies in the post in question or similar situations to that being applied to will not be entertained in the preceding twelve months. Moreover, there are several specific occupational/sectoral considerations which apply.

TCNS IN POSSESSION OF A CIR CERTIFICATE

Third-country nationals in respect of whom the Director-General of Inland Revenue (DGIR) has issued a permit under the conditions of the Permanent Residence Scheme, High Net worth Individuals non-EU/EEA/Swiss National Rules, or the Global Retirement Programe, have to apply for a uniform residence permit. In addition, they have to produce evidence of health insurance for themselves and members of their families. They need not, however, submit documentary evidence about income and accommodation.