Labour immigration of third-country nationals to Malta : a critical appraisal of the current regulatory framework

Abstract

In this study the author conducts an analysis of Maltese labour immigration legislation as enacted under the Immigration Act in so far as third-country nationals are concerned. This study is conducted in the context of the increased demand for third-country labour migrants and the current labour shortages which are reportedly plaguing Maltese entrepreneurs. Following an identification of Malta’s labour immigration framework wherein the sectorial nature of Maltese labour immigration law is highlighted, the author proceeds to analyse main conditions of admission and residence for the different categories of thirdcountry labour migrants. The extent to which third-country labour migrants may access the Maltese labour market, prolong their stay in Malta, be granted an equivalent treatment to Maltese nationals, be accompanied by their family members, and ameliorate their immigration position by being granted a long-term resident status or be naturalized as a Maltese citizen are all examined. The procedural aspect as regulated by Maltese labour immigration law and relative procedural safeguards are also described and commented on. Special attention is given to the manner in which the Maltese legislator has transposed the labour immigration directives of the EU, especially the various optional provisions under the said directives. It is concluded that Maltese labour immigration law imposes numerous obstacles and barriers to labour immigration of third-country nationals which consequently hamper and restrict both their admission and stay in Malta. It is however noted that as a result of the sectorial legislative approach, not all third-country labour migrants are faced with the same obstacles and barriers, and it is concluded that highly qualified workers are granted a privileged treatment. In view of the findings of this study, the author further concludes that the current labour immigration framework is in need of reform and proposes various amendments on how this legislative framework can be improved.