SINGLE APPLICATION PROCEDURE FOR A SINGLE PERMIT AS REGARDS RESIDENCE AND WORK AND A COMMON SET OF RIGHTS FOR

SUBSIDIARY LEGISLATION 217.17

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

16th May, 2014

LEGAL NOTICE 160 of 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.

(2) These regulations transpose the provisions of Council

Directive 2011/98/EC of the 13th 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

"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

A ff a i r s a n d w h o i s t h e a u t h o r i t y c o m p e t e n t t o r e c e i v e t h e

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 national practice.

These regulations shall apply to

(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 International Protection Act and regulations

made thereunder, or have applied for international

protection under the Directive and under the said

International Protection 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-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

nationals who

(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 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

shall be submitted by way of a single application procedure.

(1) A third-country national shall submit to the Director an

application for a single permit endorsed by his employer 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 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 regulatio n 12 , t he app licatio n 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

application are incomplete, the Director shall notify the applicant

in 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 sub-regulation (1) are not

provided within the deadline set out in that sub-regulation.

The Director shall issue a single permit using the uniform

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

indicate 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

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

that has been authorised by the document referred to in the

preceding regulation.

Without prejudice to the relevant provisions of these

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

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

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

available to the general public a regularly updated set of

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 regulation 3(b) and

(c) 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 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-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 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

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

shall be without prejudice to the freedom of contract in

accordance with Community and Maltese legislation;

(h) advice services afforded by employment offices.