160 tal-2014 - Regolament tal-2014 dwar Proċedura ta’ Applikazzjoni Waħda għal Permess Uniku fir-rigward ta’ Residenza u Xogħol u Ġabra Komuni ta’ Drittijiet għal dawk il-Ħaddiema ta’ Pajjiżi Terzi li jirrisjedu legalment f’Malta

L.N. 160 of 2014

IMMIGRATION ACT

(Cap. 217)

Single Application Procedure for a Single Permit as regards

Residence and Work and a Common Set of Rights for those

Third-Country Workers legally residing in

Malta Regulations, 2014

PART I

GENERAL PROVISIONS

(1)

The title of these Regulations is Single Application

Procedure for a Single Permit as regards Residence and Work and a

Common Set of Rights for those Third-Country Workers legally

residing in Malta Regulations, 2014.

(2) These regulations transpose the provisions of Council

Directive 2011/98/EC of the 13 th December 2011 regarding a single

application procedure for a single permit for third-country nationals

to reside and work in the territory of a Member State and on a

common set of rights for those third-country workers legally residing

in a Member State.

(3) The objective of these regulations is to determine

(a)

a single application procedure for issuing a single

permit for third-country nationals to reside for the purpose of

work in Malta in order to simplify the procedures for their

admission and to facilitate the control of their status; and

(b)

a common set of rights to third-country workers

legally residing in Malta, irrespective of the purposes for which

they were initially admitted in Malta, based on equal treatment

with Maltese nationals as provided for in Part III of these

Regulations.

(4) These regulations shall apply without prejudice to more

favourable provisions of

(a)

Union law, including bilateral and multilateral

agreements between the Union, or the Union and its Member

States on the one hand, and one or more third countries on the

other: and

(b)

bilateral or multilateral agreements between Malta

or other Member States and one or more third countries.

For the purpose of these regulations

Interpretation.

"Act" means the Immigration Act;

"Board" means the Immigration Appeals Board constituted by

article 25A of the Act;

"Director" means the Director for Citizenship and Expatriate

Affairs and who is the authority competent to receive the application

and to issue the single permit;

"Member State" means any Member State of the European

Union, including Malta;

"single permit" means a residence permit issued by the Director

allowing a third-country national to reside legally in Malta for the

purpose of work;

"single application procedure" means any procedure leading, on

the basis of a single application made by a third-country national and

endorsed by his employer for the authorisation of residence and work

in Malta, to a decision ruling on that application for the single permit;

"third-country national" means any person who is not a citizen

of the European Union within the meaning of Article 20(1) of the

Treaty on the Functioning of the European Union;

"third-country worker" means a third-country national admitted

to Malta and who is legally residing and is allowed to work in the

context of a paid relationship and is protected as an employee under

the Employment and Industrial Relations Act and in accordance with Cap. 452.

national practice.

These regulations shall apply to

Application.

(a)

third-country nationals who apply to reside in

Malta for the purpose of work;

(b)

third-country nationals who have been admitted to

Malta for the purposes other than work in accordance with

European Union or Maltese legislation and who are allowed to

work and who hold a residence permit in accordance with

Regulation (EC) No 1030/2002; and

(c)

third-country nationals who have been admitted to

Malta for the purpose of work in accordance with European

Union or Maltese legislation.

These regulations shall not apply to third-country

nationals

(a)

who are family members of Union citizens who

have exercised, or are exercising, their right to free movement

within the Community in conformity with Directive 2004/38/

EC of the European Parliament and of the Council of 29 April

2004 on the right of citizens if the Union and their family

members to move and reside freely within the territory of the

Member States or have exercised their right of free movement in

Malta in accordance with the Free Movement of European

Union Nationals and their Family Members Order;

(b)

family members, whatever their nationality, who

enjoy rights of free movement equivalent to those of citizens of

the Union under agreements between the Community and the

Member States and those of Union citizens;

(c)

who are posted for as long as they are posted;

(d)

who have applied for admission or have been

admitted to Malta to work as intra-corporate transferees;

(e)

who have applied for admission or have been

admitted to Malta as seasonal workers or au pairs;

(f)

who are authorised to reside in a Member State on

the basis of temporary protection or have applied for

authorization to reside on that basis and are awaiting a decision

on their status;

(g)

who are beneficiaries of international protection

under Council Directive 2004/83/EC of 29 April 2004 on

minimum standards for the qualification and status of third-

country nationals or stateless persons as refugees or as persons

who otherwise need international protection and the content of

the protection granted and the Refugees Act and regulations

made thereunder, or have applied for international protection

under the Directive and under the said Refugee Act and

regulations made thereunder and whose application has not yet

given rise to a final decision;

(h)

who are beneficiaries of protection in accordance

with national law or practice, or international obligations, or

have applied for protection in accordance with national law or

practice, or international obligations, and whose application has

not given rise to a final decision;

(i)

who enjoy EC long-term resident status in a

Member State in accordance with Directive 2003/109/EC and

the provisions of the status of Long-term Residents (Third- S.L. 217.05

Country Nationals) Regulations and exercise their right to

reside in Malta in order to carry out an economic activity in an

employed or self-employed capacity;

(j)

whose removal has been suspended for reasons of

fact or law;

(k)

who have applied for admission or who have been

admitted to Malta as self-employed workers;

(l)

who have applied for admission or have been

admitted as seafarers for employment or work in any capacity

on board a ship registered in or sailing under the flag of a

Member State.

Part II of these regulations shall not apply to third country Non-

applicability of

nationals who

Part II.

(a)

have been admitted to Malta for the purpose of

studies in accordance with the provisions of the Conditions of

Admission of Third Country Nationals for the purposes of S.L. 217.09

Studies Regulations;

(b)

have been authorised to work in Malta for a period

not exceeding six months;

(c)

are allowed to work in Malta on the basis of a visa.

PART II

SINGLE APPLICATION PROCEDURE AND SINGLE PERMIT

An application to issue, amend or renew a single permit Application

procedure.

shall be submitted by way of a single application procedure.

(1)

A third-country national shall submit to the Endorsement of

Director an application for a single permit endorsed by his employer application.

and all relevant documentation.

(2) The Director shall provide, upon request, adequate

information to the third country national and the prospective

employer on the documents required to make a complete application.

(1)

The third-country

national

may

submit

the Submission of

application.

application either from

(a)

the territory of a third country;

(b)

the territory of Malta; or

(c)

that of a Member State in which he is legally

present.

The Director shall examine an application made under

regulations 6 and 7 and shall adopt a decision to issue, amend or

renew the single permit if the applicant fulfils the requirements

specified by Union or Maltese legislation and such a decision shall

constitute a single administrative act combining a residence permit

and a work permit.

The single application procedure shall be without

prejudice to the visa procedure which may be required for initial

entry.

The Director shall issue a single permit, where the

conditions provided for are met, to third-country nationals who apply

for admission and to third-country nationals already admitted who

apply to renew or modify their residence permit after the coming into

force of these regulations.

Following the necessary internal consultations with the

pertinent authorities as to whether the third-country national has been

granted permission to work in Malta in accordance with article 11(3)

of the Act, whereby the pertinent authorities shall assess such

application on the basis of labour market requirements, established

volumes of admission, or any other exceptional circumstances that

may be deemed justified, the Director shall adopt a decision on the

complete application, as soon as possible, and in any event within

four months of the date on which the application was lodged

Provided that this time limit may be extended in

exceptional circumstances linked to the complexity of the

examination of the application.

The Director shall consider an application as inadmissible,

on the grounds of volumes of admission of third country nationals

coming to Malta for the purposes of employment and, on that basis,

need not process the application.

In the event that the Director fails to give a decision within

the period specified in regulation 12, the application shall

automatically be passed on for appeal to the Board.

The Director shall notify the decision on the application to

the applicant in writing.

(1) If the information or documents in support of the Incomplete

application are incomplete, the Director shall notify the applicant in application.

writing of the additional information or documents required, setting a

reasonable deadline for the applicant to provide them and, in such

case, the time limit referred to in regulation 12 shall be suspended

until the Director has received the additional information.

(2) The Director may reject an application if the additional

information or documents referred to in subregulation (1) are not

provided within the deadline set out in that subregulation.

The Director shall issue a single permit using the uniform Format of single

format laid down in Regulation (EC) No 1030/2002 and shall indicate permit.

the information relating to the permission to work in accordance with

point (a) 7. 5-9 of the Annex thereto

Provided that the Director may indicate additional

information, as directed by the pertinent authorities, related to the

employment relationship of the third-country national including the

name and address of the employer, place of work, type of work,

working hours and the remuneration, in paper format, or store such

data in electronic format as referred to in Regulation (EC) 1030/2002.

The third-country national shall not require an additional Additional

permit in order to work in Malta for the purpose of employment that permit.

has been authorised by the document referred to in the preceding

regulation.

Without prejudice to the relevant provisions of these Format of

regulations, the Director, when issuing a residence permit in the residence

permit.

format established by Regulation (EC) No 1030/2002 for purposes

other than work, shall apply the provisions of regulation 16 and

regulation 17.

(1) The Director shall give reasons, in the notifications Rejections.

referred to in regulation 15 when rejecting an application to issue,

amend or renew a single permit or when a decision is taken

withdrawing a single permit.

(2) Where the Director has refused an application for the issue,

amendment or renewal of a single permit or has withdrawn such

permit, the third country national shall have the right to appeal to the

Board.

The Director or any other relevant authority shall make Updated set of

available to the general public a regularly updated set of information information.

concerning the conditions of third country nationals’ admission to,

and residence in, Malta for the purposes of work.

PART III

RIGHTS

The holder of a single permit issued in accordance with the

provisions of these regulations during its validity, shall be entitled at

least to

(a)

enter and reside in Malta provided that the holder

meets all admission requirements in accordance with Maltese

legislation;

(b)

have free access to the entire territory of Malta

within the limits provided for by Maltese legislation;

(c)

exercise the specific employment activity

authorised under the single permit in accordance with Maltese

legislation; and

(d)

be informed about his rights linked to the permit

conferred by EU law and by Maltese legislation.

Without prejudice to the right of the Director to withdraw

or refuse to renew a residence permit issued under these regulations,

or a residence permit issued for purposes other than work, or any

other authorisation by a pertinent authority to work in Malta, third-

country workers as referred to in sub-paragraphs (2) and (3) of

regulation 3 shall enjoy equal treatment with Maltese nationals with

regard to

(a)

working conditions, including pay and dismissal as

well as health and safety at the workplace;

(b)

freedom of association and affiliation and

membership of an organisation representing workers or

employers of any organisation whose members are engaged in a

specific occupation, including the benefits conferred by such

organisations, without prejudice to the national provisions on

public policy and public security;

(c)

education and vocational training

Provided that such equal treatment shall apply only

to third country workers who are in employment or who have

been employed and who are registered as unemployed in Malta

and shall not

(i) include study and maintenance grants and

loans or other grants and loans;

(ii) be given to third-country nationals who have

been admitted to Malta in accordance with the provisions

of Conditions of Admission of Third Country Nationals for S.L. 217.09

the purposes of Studies Regulations

Provided that as regards to payment of tuition fees

and language proficiency, with respect to access to

university and post-secondary education and to vocational

training which is not directly linked to the specific

employment activity, the specific prerequisites in national

legislation shall apply;

(d)

recognition of diplomas, certificates, and

professional qualifications in accordance with Maltese

legislation;

(e)

branches of social security, as defined in Article 3

of Regulation (EC) No 883/2004

Provided that such equal treatment as regards the

rights set out in the said Regulation shall apply only to third-

country workers who are in employment or who have been in

employment for a minimum period of six months and who are

registered as unemployed

Provided further that family benefits payable under

the provisions of the Social Security Act shall not apply to third- Cap. 318.

country nationals who

(i) have been authorised to work in Malta for a

period not exceeding six months;

(ii) have been admitted for the purpose of study,

or

(iii) are allowed to work on the basis of a visa

Provided further that, third-country workers

moving to a third country, or their survivors who reside in

a third country and who derive rights from those workers,

shall receive, in relation to old age, invalidity and death,

statutory pensions based on the third country workers’

previous employment and acquired in accordance with the

Social Security Act under the same conditions and at the Cap. 318.

same rates as Maltese nationals receive when moving to a

third country;

(f)

tax benefits, insofar as the worker is deemed to be

resident for tax purposes in Malta

Provided that such equal treatment shall apply to

cases where the third country worker's situation of residence is

the same as that obtaining for a Maltese national in the same

situation;

(g)

access to goods and services and the supply of

goods and services made available to the public, excluding

access to housing

Provided that such equal treatment shall apply only

to third country workers who are in employment and shall be

without prejudice to the freedom of contract in accordance with

Community and Maltese legislation;

(h)

advice services afforded by employment offices.

€0.81