Immigration Law at Malta
Immigration law in Malta is governed by a combination of domestic legislation, European Union (EU) law, and international treaties. Malta, being a member of the European Union, adheres to the EU’s policies on migration, asylum, and border security. The Malta Immigration Act (Cap. 217) is the primary legislation that governs immigration matters in the country, alongside various regulations issued by the Ministry for Home Affairs, Security, and Nationality and other relevant authorities.
Key Aspects of Malta’s Immigration Law:
1. Visa Requirements
Schengen Area: Malta is part of the Schengen Area, meaning that nationals of countries outside the Schengen Area must obtain a Schengen visa to enter Malta for short stays (up to 90 days in any 180-day period). The Schengen visa allows travel across all Schengen Area countries, including Malta.
Nationals from certain countries, such as the United States, Canada, and many countries in South America and Asia, are required to apply for a visa.
Visa Exemptions: Citizens of countries in the European Economic Area (EEA) and Switzerland do not require a visa to enter Malta. Additionally, some other countries have visa exemptions for short stays, including Australia, New Zealand, and several countries in the Middle East.
Types of Visas:
Tourist Visa: For short visits for tourism or business.
Business Visa: For individuals traveling to Malta for business purposes.
Student Visa: For foreign nationals intending to study in Malta. Applicants must provide proof of admission to a recognized educational institution in Malta.
Work Visa: For foreign nationals intending to work in Malta. This is typically required for those outside the EEA.
2. Work Permits
Work Permits for Non-EU Nationals: Foreign nationals from non-EU countries who wish to work in Malta must obtain a work permit. The work permit is typically employer-specific, meaning that the foreign national can only work for the employer who sponsors the permit.
Employment Status: The employer must prove that the position cannot be filled by an EEA or Swiss national. In some cases, labor market testing is required to ensure that no local workers are available for the position.
Work Visa and Permit Process: The work permit is issued by the Employment and Training Corporation (ETC) in Malta. If approved, the individual can apply for a work visa through the Maltese embassy or consulate in their home country.
Work Permit for EU/EEA/Swiss Nationals: Nationals of the EU, EEA, and Switzerland do not need a work permit to work in Malta. However, they must register with the Department of Citizenship and Expatriate Affairs if they plan to stay in Malta for more than 90 days.
3. Residency Permits
Temporary Residency: Foreign nationals who wish to stay in Malta for more than 90 days (such as for work, study, or family reunification) must apply for a residency permit. This permit is typically issued for one year and is renewable.
Permanent Residency: Foreign nationals who have lived in Malta for a certain number of years (usually five years of continuous legal residence) may apply for permanent residency. Permanent residency allows individuals to stay in Malta without the need for further renewals of their residency permits.
Residence Programmes: Malta offers several residency schemes aimed at attracting foreign nationals to reside in the country, including the Global Residence Programme, the Malta Residency and Visa Programme (MRVP), and the Individual Investor Programme (IIP). These programs often have specific investment or income requirements, and they grant residence to non-EU nationals in exchange for significant economic contributions.
4. Naturalization and Citizenship
Citizenship by Birth: A person born in Malta may acquire citizenship if one of the parents is a Maltese citizen or if the individual has lived in Malta for a substantial period.
Naturalization: Foreign nationals who have legally resided in Malta for at least 5 years can apply for naturalization (citizenship). Applicants must demonstrate good character, sufficient financial means, and integration into Maltese society.
Dual Citizenship: Malta permits dual citizenship. Foreign nationals who acquire Maltese citizenship through naturalization do not have to renounce their original nationality.
Citizenship by Investment: The Malta Individual Investor Programme (IIP) allows high-net-worth individuals to acquire Maltese citizenship by making a significant financial contribution to the country, including a government donation, a real estate investment, and a long-term residence requirement. This program is highly selective and has specific investment thresholds.
5. Family Reunification
Foreign nationals who hold a residence permit or work permit in Malta can apply for family reunification for their spouse, dependent children, and in some cases, dependent parents. Family members are typically granted residence permits to join the primary applicant in Malta.
Family reunification applications are subject to meeting income and accommodation requirements to ensure that the sponsor can support their family members.
6. Deportation and Removal
Deportation: Foreign nationals who violate the terms of their visa, overstay their permitted duration of stay, or engage in criminal activities may face deportation from Malta. Deportation is usually preceded by a legal process, and an individual may be banned from re-entering Malta for a specified period.
Overstay Penalties: Foreign nationals who overstay their visas or residence permits may be subject to fines, detention, or deportation, depending on the nature of the violation.
7. Asylum and Refugee Law
Asylum Seekers: Malta is a signatory to the 1951 Refugee Convention and its 1967 Protocol, and it provides protection to individuals fleeing persecution. Asylum seekers must apply for asylum upon arrival in Malta, and they will undergo a process to determine whether they qualify for refugee status.
Refugee Status: If granted refugee status, an individual can remain in Malta and receive rights including the right to work and access to social services. Asylum seekers can be detained while their applications are processed.
Subsidiary Protection: Individuals who do not meet the criteria for refugee status but face serious harm in their home country may be granted subsidiary protection, which provides limited rights and protection from deportation.
8. EC and EU Immigration Policies
As a member of the European Union, Malta adheres to EU immigration policies, including the EU Blue Card Scheme (for highly skilled workers), family reunification rights, and the EU asylum system.
Free Movement within the EU: Nationals of EU/EEA countries and Switzerland enjoy free movement within the EU, including Malta. They can reside and work in Malta without a visa or work permit and are subject to the same rights and protections as Maltese citizens.
Third-Country Nationals: Citizens of non-EU countries must comply with immigration rules set by Malta and the EU, including obtaining a visa, work permit, or residence permit as necessary.
Summary of Key Immigration Processes:
Visas: Tourist, business, student, and work visas (Schengen visa for short stays).
Work Permits: Required for non-EU nationals to work in Malta; EU/EEA/Swiss nationals do not need work permits.
Residency Permits: Temporary residency permits for stays longer than 90 days; permanent residency available after five years of continuous residence.
Citizenship: Available through naturalization (5 years of residency), investment (via the IIP), or by birth or descent.
Family Reunification: Available for spouses and dependent children of foreign nationals with valid residence permits.
Deportation: Individuals who overstay their visa or violate immigration laws may be deported.
Asylum: Asylum seekers can apply for refugee status in Malta. Refugee status grants protection and the right to stay and work.
Conclusion:
Malta’s immigration law is largely shaped by its EU membership, offering a combination of national and EU-wide policies for entry, residence, and citizenship. The process for obtaining a visa, work permit, or residence permit in Malta is well-regulated, with different pathways available for non-EU nationals, EU nationals, and those seeking asylum. Additionally, Malta has specific programs for attracting investors and skilled workers, such as the Individual Investor Programme and the Global Residence Programme.
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