The qualifying criteria for Malta ordinary residence in respect of Third Country Nationals (“TCNs”) vary from those applicable to EU/EEA/ Swiss nationals. Listed below are a few of these possibilities.

EMPLOYMENT

An employment licence is required in order for non-EU/EEA/Swiss nationals to work in Malta. This is granted upon satisfying certain criteria. The employer normally applies for an employment license in respect of a non-EU/EEA/Swiss national, once the latter has accepted a job offer.

TCNs qualified in certain sectors such as financial services, healthcare and information technology are sought after, and therefore, it may be easier for such individuals to obtain an employment licence.

The Key Employee Initiative

The Key Employee Initiative is a fast-track employment and residence process for specialised third country nationals who would like to work and live in Malta.

Eligible Applicants

The Key Employee Initiative is aimed at managerial or highly technical posts requiring particular qualifications or adequate experience. Innovators involved in start-up projects endorsed by Malta Enterprise may also apply for the Key Employee Initiative.

Applicants must have an annual gross salary of at least €30,000.

Process

• The application is submitted while the applicant is in Malta or abroad;
• The work permit is issued to successful applicants within around 5 working days;
• The work permit will be valid for a year and may be renewed

SELF-EMPLOYMENT

In order to qualify to apply for self-employed status, a TCN must meet at least one of the following criteria:

• Invest in Malta capital expenditure of at least €500,000 within six (6) months from the date on which the employment licence is issued;
• Be a highly skilled innovator with a sound business plan who commits to recruiting at least three EU-EEA/Swiss nationals within eighteen (18) months of establishment;
• Be a person leading a project that has been formally approved by Malta Enterprise.

Applications containing a firm commitment to engage EU/EEA/Swiss nationals as part of the applicant’s staff complement will assist in the favourable consideration of the application.

SHAREHOLDERS ULTIMATE BENEFICIAL

Owners of a Malta Resident Company In order to apply for Malta residence under this ground, one of the following criteria must be fulfilled by the third country national:

• A fully paid-up share capital of at least €500,000 which may not be redeemed, reduced or transferred to a third party during the first two (2) years following the issue of the Employment Licence;
• A capital expenditure of at least €500,000 that is to be used by the company;
• The company is leading a project that has been formally approved by Malta Enterprise

Applications containing a firm commitment to engage EU/EEA/Swiss nationals as part of the applicant’s staff complement will assist in the favourable consideration of the application.

In cases where a director is not a shareholder, the application does not need to meet the above criteria, however, it will be processed on the basis of labour market considerations.

Many aspects are involved in such labour market considerations, including the national situation in respect of surpluses or shortages in the given occupation and sector, and the TCN’s skill level, relevant experience and overall suitability for the position in question.

LONG-TERM RESIDENCE FOR TCNS

Long-term residence status may be granted to individuals who have been legally residing in Malta for five (5) continuous years. Such individuals must not have absented themselves from Malta for more than six (6) consecutive months, or for more than ten (10) months, within the five (5) year period. Furthermore, a TCN who has been granted long-term residence status by any other EU Member State may reside in Malta, for a period exceeding three (3) months, provided certain conditions are met. The Long-Term Residence card is then granted for a period of five (5) years.

A TCN who has been granted long-term residence status in Malta shall enjoy equal treatment as any other Maltese national in terms of access to employment or self-employment, conditions of employment, and education, amongst others.

EDUCATION

Temporary residence is granted for the entire period of education to students following an approved course of study in any Private College or at the University of Malta. If the student is under-age, his or her legal guardian can apply for Malta residence to accompany him or her. Such person has to confirm that he or she is in receipt of stable and regular income and has a suitable place to live.

For over age students, non-EU partners of EU/EEA/ Swiss citizens are given the opportunity to apply for residency in Malta. The partners would have to demonstrate that they have been in a durable relationship for a minimum of two (2) years, and that they have a regular, stable income. In the event that the partnership has subsisted for at least five (5) years, a residence permit for three (3) years would be issued to the non-EU partner.

FAMILY MEMBERS

A TCN who resides legally in Malta is given the right to apply for the reunification of his family members, namely spouses being twenty-one (21) years of age or over, and minor unmarried children under the age of eighteen (18). Such a right is given to the TCN if he/she:

• Has resided in Malta for a minimum period of two (2) years;
• Has reasonable prospects of permanent residence in Malta;
• Has satisfactory accommodation for the family;
• Has stable and regular resources being tantamount to the average wage in Malta and an additional twenty (20) per cent of the average wage for each family member.

The reunited family will be able to work and study just like the applicant. Once the family would have resided in Malta for five (5) years, family members will be entitled to an autonomous residence permit.

TCNs who do not satisfy the above mentioned conditions and are legally residing in Malta may nonetheless submit a residence permit application for their family members, as cases are considered on their own merits taking into consideration the sponsor’s income, length of stay and nature of employment

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 six (6) months from the date the 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 (18) 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 favourable 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-up share 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 favour 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 favourable 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 labour market consideration. There are many aspects to labour 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

TCNs in respect of whom the Commissioner for Revenue (“CfR”) 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 Programme, 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.