Long term residency rules in Malta : an undefeatable obstacle course for third-country nationals?

Abstract

Malta’s economic boom has resulted in its attracting foreigners to its shores, mostly for work. This includes third-country nationals who for work purposes require a Single Permit. Single permits are granted for one year and are renewable. After several years they can apply for long term residence, which gives them more rights and a certain amount of flexibility they would not have enjoyed until then, but obtaining this requires satisfying several formalities. These formalities were made more onerous a few years ago when the local legislation was amended, introducing ‘integration measures’ which resulted in it becoming nearly impossible to apply for long term residence status successfully. It is argued that Malta profiteers from this near impossibility.

Malta is a magnet for foreign workers, owing to a strong economy which not only survived the downturn of 2008 but went on to flourish and grow, leading to the current economic boom. The demand for workers in different sectors, including health, construction and catering, is extremely high and is predicted to continue in this respect. Workers flock to Malta from other EU member states, and also from outside the European Union. Third-country nationals, with whom this chapter is concerned, are required to apply for Single Permits, which must be renewed annually. Still, in due course, these third-country nationals may seek Long Term Residency. The procedures followed are based on the relevant EU Directives, as transposed into Maltese legislation. Acquiring a single permit requires the satisfaction of several formalities. Still, such is the demand for foreign labour that the responsible state entity has streamlined the procedure and made it easier to complete successfully. The author of this chapter is concerned with the next step, which is the fact that while in theory, a third-country national can seek long term residence, with all the benefits this brings with it, in practice, the Maltese Government has transposed the long-term residency rules into Maltese law through Subsidiary Legislation 217.05, in such a way that is intentionally aimed at making it extremely difficult if not downright impossible, for third-country nationals to obtain long-term residence status.