Immigration law in Malta

Malta’s system is based mainly on the Immigration Act, Cap. 217, EU free-movement rules in S.L. 460.17 and residence rules for third-country nationals in the S.L. 217 series. Identità handles visas, residence and employment-related permits through its relevant units. The Central Visa Unit deals with visa matters, and the Expatriates Unit handles many residence applications. The Residency Malta Agency administers the Nomad Residence Permit and Malta Permanent Residence Programme, while the International Protection Agency handles protection applications. A Schengen short-stay C visa normally allows a stay of up to 90 days in any 180-day period. A National D visa covers stays exceeding 90 days, generally for up to 365 days, and applicants for long-term residence usually need to obtain it before entering Malta. A visa does not guarantee admission: border authorities can still examine the legal conditions for entry. EU, EEA and Swiss nationals generally do not need a residence permit to work or live in Malta. A stay exceeding three months normally requires registration with Identità. The recognised grounds include employment, self-employment, sufficient resources, study, family membership and certain exempt categories. Applicants may need to prove identity, the purpose of residence, financial resources and comprehensive health insurance. Five years of actual, continuous and lawful residence can lead to permanent residence; the related document is generally valid for 10 years. Absence rules can affect continuity, and regular loss of the status normally arises only after more than two years away. A TCN working in Malta for more than six months generally needs a Single Permit. This combines an employment licence with a residence permit and may be requested from abroad or during lawful residence in Malta. The permit is tied to the approved employer and activity, so the holder cannot normally work for another employer or perform unauthorised work. Work should begin only after the Interim Receipt or eResidence document authorises it. The first application costs €600, renewal costs €150 per year and an employer change costs €600. A decision can take up to four months, and a renewal may be submitted up to 90 days before expiry. From 1 March 2026, first-time applicants also need the €250 Pre-Departure Course certificate, consisting of online modules and an interview. Separate arrangements exist for self-employment, work lasting less than six months, seasonal work, intra-corporate transfers, researchers and certain hospitality or skills-based employment. High-skilled employment has additional conditions. An EU Blue Card generally requires a contract of at least six months, a higher-education qualification or equivalent five years of experience and a salary of at least 1.5 times Malta’s average salary. The first card can last up to two years and renewal can last up to three years. A job loss must be reported, and the holder normally has up to three months to find another qualifying position. The Key Employee Initiative generally concerns managerial or highly technical work with annual pay of at least €45,000; its first permit lasts one year and later permits can last up to three years. The Specialist Employee Initiative is a separate national scheme. An intra-corporate transfer can last up to three years for a manager or specialist and up to one year for a trainee, but it does not directly convert in Malta into a standard Single Permit. A TCN studying full-time usually needs a place at an MFHEA-licensed institution, normally for a programme at least at MQF Level 5 or recognised by MQRIC. Study lasting more than 90 days generally requires a D visa. The application is made personally in Malta and the fee is €50. The residence basis is the study programme, and paid work requires the applicable authorisation. The Nomad Residence Permit is available to TCNs aged 18 or more who work remotely through telecommunications for a foreign employer, foreign company or foreign clients. The applicant must show gross annual income of at least €42,000, a travel document, health insurance covering the EU and the United Kingdom, accommodation, a police conduct certificate and a background check. The permit is issued for one year and renewal remains discretionary. Family dependants may be included. Work for a Malta-based client or a Malta subsidiary does not fit this permit’s stated basis. Family residence differs according to the sponsor’s status. An EU family-member application can cover a person accompanying or joining an EU citizen. Under the statutory TCN family-reunification rules in S.L. 217.06, the sponsor generally needs a permit valid for at least one year, at least two years of lawful residence, a realistic prospect of permanent residence, stable resources, suitable accommodation and health insurance. The spouse must normally be at least 21, and the usual child category covers unmarried minor children. Family members generally apply from outside Malta; approval in principle can be followed by a D visa. The permit usually lasts one year and costs €50. The required income is generally Malta’s average wage plus 20% for each dependant. The Family Members Policy is a separate, non-statutory discretionary arrangement that usually requires 12 months of residence and does not create the same legal position as statutory family reunification. Applications commonly require a passport and travel history, proof of lawful entry or status, employment, education or family evidence, a registered lease or deed, financial and tax records, payslips, insurance and police conduct or background documents. Originals, biometric data and English or Maltese documents may be required; documents in another language generally need official translation and, where required, legalisation. A residence card does not replace a passport, and a Maltese permit does not automatically grant the right to work in another EU state. Permit conditions, employment or family changes and renewal deadlines must be monitored throughout the stay. Long-Term Residence Status, or LTR, is a permanent status for eligible TCNs after five years of continuous lawful residence. Identità’s current requirements include absences of no more than six consecutive months and no more than 10 months in total during the five-year period, stable and regular resources and suitable accommodation. The application fee is €500, and the card is generally valid for five years. Some periods are excluded or only partly counted, including student, seasonal, short-term visa and asylum-seeker residence, as well as residence under the Temporary Humanitarian Protection or Family Members Policy arrangements. Refugee and subsidiary-protection periods can be calculated under special rules. The current I Belong requirement includes 100 hours of Cultural Orientation and a Maltese MQF Level 2 result of at least 65%. Since 15 June 2026, I Belong provides only the 100-hour Cultural Orientation component; Stage 1 and language modules are handled by alternative licensed providers. Participation or availability is not automatic. LTR can be withdrawn for fraud, removal, changed protection circumstances, serious public-policy reasons, more than 12 months’ absence from the EU, an LTR status in another EU state or more than six years in Malta absent while residing in another member state. The Malta Permanent Residence Programme, or MPRP, is a separate permanent-residence programme for non-EEA and non-Swiss nationals. An authorised licensed agent submits the application and due diligence applies. The applicant must meet the qualifying property condition and pay the required government contribution, administrative fee and a €2,000 donation to an approved NGO, as well as hold health insurance. The residence card costs €500 per person for five years, and the qualifying property generally must be held for at least five years. MPRP grants a permanent residence right but does not grant Maltese citizenship. A person seeking international protection can make an application or declaration to the International Protection Agency. Border police, immigration police or detention authorities should refer the person onward where appropriate. An Asylum Seeker’s Document supports the right to remain while the claim is examined. Under the EU asylum responsibility rules in the AMMR, Malta or another EU-plus state may be responsible, and a transfer commonly takes about 1.5 to 3 months. Malta’s procedure is generally intended to finish within six months. An asylum seeker can normally access the labour market after nine months from lodging the application, or earlier where the applicable policy allows it. Refugee or subsidiary protection status is evidenced by an IPA Protection Certificate valid for three years and can include residence, work, social, health, education and integration rights. Refugees can generally seek family reunification, while the IPA’s current information states that subsidiary-protection holders do not have that family-reunification right. Temporary Humanitarian Protection is a national discretionary form of protection with residence and work rights and a one-year certificate. Temporary Protection for Ukraine currently runs until 4 March 2027 and can provide work, education and support rights, but it cannot normally be held in parallel with asylum or international-protection status. Protection appeals follow a separate system. An inadmissibility decision can be appealed to the International Protection Appeals Tribunal within five working days. A negative, exclusion or subsidiary-protection decision normally has a 15-calendar-day appeal period. Free legal aid is available for the appeal, and an IPAT decision is final. Protection can later be withdrawn for fraud, changed circumstances, exclusion grounds, national security or serious crime, or failure to renew the relevant document. Citizenship matters are handled by Community Malta Agency. The available legal bases include birth or descent, registration and naturalisation. Registration as a spouse generally requires at least five years of marriage and living together. Ordinary residence-based naturalisation requires the applicant to be at least 18, have lived in Malta for the 12 months immediately before applying and have accumulated at least four years of residence during the preceding six years, together with good character, knowledge of Maltese or English and suitability. The Minister has discretion, and dual or multiple citizenship is generally permitted. The 2025 scheme for granting citizenship for exceptional services by direct investment was discontinued. Exceptional merit remains a separate and rare discretionary possibility requiring approval in principle, at least eight months of residence, suitable property, Maltese or English, substantial ties to Malta, due diligence, a Board recommendation and final ministerial discretion; it does not create an automatic entitlement. Refusal can result from missing or false evidence, lack of a legal basis, public-policy, security or health concerns, labour-market or eligibility failures, or breach of permit conditions. A decision by Identità can generally be challenged before the Immigration Appeals Board within three working days. Visa or entry refusals follow the Central Visa Unit or border process, while protection decisions must be challenged before IPAT. An appeal does not necessarily legalise an overstayed period, so the effect of the appeal and the person’s status must be checked separately.