Employment in Malta under EU legislation as negotiated by the Maltese Government.

Free movement of persons throughout the EU is one of the basic and most visible consequences of joining the EU. Maltese citizens will be able to move freely to all EU countries not just as tourists, but also for the purposes of work, study, training as well as for the purposes of simple residence or even retirement.

The terms negotiated by Malta mean that from the first day of membership, Maltese citizens will have the right to seek work in the EU. Current restrictions and work permits will no longer be necessary for any type of job. The countries in which Maltese citizens may also seek work are all the fifteen EU countries, all the new member countries of the EU as well as Iceland, Liechtenstein, Norway and Switzerland. In all, thirty countries apart from our own.

On this issue, Malta is being treated differently than other candidate countries. This is because the EU is imposing a transitional period of seven years during which this right may be restricted with respect to workers from the ten Central and East European candidate countries. However, this does not apply to Malta or to Cyprus.

EU citizens seeking to work in Malta.

On this point, Malta has obtained a deal which is again different from other candidate countries. For a period of seven years after membership, Malta will be able to apply safeguards on the right of EU nationals to work here even if EU law clearly states that this should not be allowed. The seven-year safeguard will apply until 2011.

The safeguard will work as follows: After accession, Malta will retain the work permit system and will grant permits to EU workers. However, Malta will be able to withhold work permits in the case of a threat of a disruption to its labour market which is of an urgent and exceptional nature. Restrictions may be imposed if there is a threat that the inflow of EU workers may put a strain on the local labour market either in whole or even in certain sectors. In such cases, Malta may refuse to grant work permits to EU workers.

It is up to Malta to determine when such cases arise and when restrictions may be imposed. Restrictions may be imposed in the event of a threat of a sudden influx and not merely after it happens. In imposing restrictions Malta will also act unilaterally, that is on its own. It does not require prior authorisation from the EU before imposing restrictions. This point must be made clear because it has been misunderstood by some.

After imposing restrictions, Malta would then inform the EU about its action giving the reasons why it has done so. This safeguard mechanism will enable Malta to take remedial action in time in the event of sudden or high influxes of additional labour into Malta or in case of a threat thereof.

After this period of seven years, in the event of a disproportionate influx of EU workers, Malta may still seek a remedy, this time acting through the EU institutions, rather than unilaterally. This arrangement after the first seven years will apply indefinitely and will cover Malta’s position at any time in future in the event of possible difficulties relating to the free of movement of workers into Malta. This agreement will be confirmed in a Joint Declaration between Malta and the EU which will be annexed to Malta's Treaty of Accession.

Malta’s requests on free movement of workers both with respect to the first seven years as well as after that were accepted by the EU. That is why negotiations on this chapter have now been closed.

Finally, it must also be noted that restrictions on non-EU nationals who seek work in Malta would continue to apply even after Malta joins the EU. These are not affected by Malta’s membership of the EU.

Application for employment in Malta by EU citizens:

The application must be accompanied by:

·      The curriculum vitae of the expatriate in question;

·      Blue Form

·      Three passport-sized photographs;

·      The prescribed fee of Lm10;

·      A copy of the passport details.

A covering letter from the prospective employer co signed by the expatriate and an address where the confirmation should be sent (Malta or abroad).

Further details from:

The Director

Department for Citizenship and

Expatriate Affairs

3, Castille Place

Valletta

CMR  02

Malta

You may also contact the Department on -

Tel:  21250868 / 21250569 - 21250573

Fax:  21237513