Temporary Permit Policy

01 Purpose

This policy is intended for internal use by the Expatriates Unit to assess and validate applications submitted via Form O – Temporary Permits, outlining the different categories and variations applicable under this form.

02 Policy

The categories falling under Form O Temporary Permits, and being addressed in this Policy are the following:

• Partner of a Maltese National
• Parent of a Maltese National
• Child of a Maltese National
• Posted Worker, Service Provider, Other licensed Employment (Residence only)
• Humanitarian Grounds
• Health and Medical Purpose
• Religious Purpose
• Pensioner
• Voluntary Purpose
• Traineeship
• Dependants of Diplomats assigned to Malta

A. Non-applicability

This policy does not apply to third-country nationals who:

• are exercising their freedom of movement right as EU nationals or as family members of EU Nationals in line with Subsidiary Legislation 460.17 ‘Free Movement of European Union Nationals and their Family Members Order;
• are beneficiaries of international protection, subsidiary protection or national protection, issued by any Member State, or who have applied for such protection in any Member State and are awaiting a decision on such application;
• have an entry ban or have been issued a removal order for reasons of fact or law;
• whose removal has been suspended for reasons of fact or law;
• are in possession of an identification document issued in line with Part C of Chapter 258 of the Laws of Malta, which is not in the form of a residence permit or long stay visa.

B. Eligibility

Unless otherwise stated, the eligibility criteria delineated underneath each specific type of residence permit, must be met in their entirety. Any exceptions must be duly authorised by the Chief Officer responsible for the Expatriates Unit and the Chief Executive Officer.

C. Submission of Application

The application shall be submitted online through Identità's online application portal and examined either when:

• the applicant concerned is residing in a third country
• the applicant concerned is legally present in another Member State
• the applicant concerned is in possession of a valid residence permit or long-stay visa issued by the Maltese authorities
• the applicant concerned is legally present in Malta by virtue of Regulation 2018/1806 (which governs visa-exempt nationalities)

An application will be deemed inadmissible if it is not submitted under the above-mentioned conditions.

D. Standard Documentation for Temporary Permits

For all purposes under the Temporary Permit category, applicants must submit all the required documents listed in this section.

Additional documents may be required, depending on the purpose of residence for which the Temporary Permit is being applied for. The list of additional documents may be found in this Policy, underneath each respective Permit Type.

The submission of all required documentation does not preclude Identita’ from requesting additional documents as deemed necessary. Furthermore, it does not guarantee the issuance of a residence permit for the applied purpose.

All official documents must comply with the Policy for the Recognition of Foreign Public Documents, which is available on the Identità website.

In certain cases, Identità may conduct interviews with the sponsor and/or the sponsor’s other parent or legal guardian (in the case of a minor). Refusal to participate in such interviews may result in the rejection of the application.

• Full copy of the applicant’s (third-country national) valid passport, including the blank pages, with a remaining validity of at least 1 year;
• Proof of legal status in Malta when the applicant is already in Malta (refer to Section 4 of this document);
• Proof of Accommodation:
  • A copy of the lease agreement signed by both landlord and tenant, which must include the full name, ID Card number of the landlord, rental address. The name of the tenant must match the name on the passport.
  • If the Landlord is not Maltese, a purchase agreement of the same premises must be presented;
  • A copy of the approval letter issued by the Housing Authority for the registration of property as a rental as per Cap. 604 of Maltese legislation;
  • Lease Agreement Attestation Form- To be filled and signed by the landlord and also filled and officially stamped by a lawyer/ notary/ legal procurator
• At the time of biometrics, a health insurance policy with a minimum coverage limit of €100,000, providing medical treatment including outpatients and hospitalisation coverage in Malta and, if necessary, in other European countries. The insurance policy must have a validity covering the entire period of stay in Malta;
• This requirement may be waived upon the provision of 12 recent payslips and FS3 for the previous year, since the individual would have become eligible for free healthcare in Malta in accordance with Health (Fees) Regulations (S.L. 35.28), as amended by Legal Notice 105 of 2024.
• Evidence showing the applicant’s purpose of stay in Malta;
• A copy of the Bank statement (not older than 3 months), or in the case of employed individuals, copy of at least 6 recent payslips and the FS3 of the previous tax year.
• Health screening approval as may be required by the Maltese Health Authorities (https://hpdp.gov.mt/idcu/health_screening_work_permits).
• Copy of any previous or current residence permit/s held in Malta

E. Access to Employment and other Services

Access to Employment and the Labour Market

Possession of a Temporary Permit does not inherently confer the right to employment; in certain instances, employment rights may be entirely excluded from the permit holder's entitlements.

Permit holders accessing the labour market in line with the rights granted through their residence permit are obliged to abide by national employment-related, tax and other applicable regulations for employees, as administered by Jobsplus, the Commissioner for Tax and other pertinent authorities.

Access to other Services (such as Healthcare, Elderly Services and Social Benefits)

Temporary permits generally do not grant an automatic right to access free healthcare, elderly services and/or social benefits.

Free healthcare may be accessed in line with the Healthcare (Fees) Regulations as established through Subsidiary Legislation 38.28, notably for those who have been given the right to access the labour market and fall in line with the eligibility criteria established in the above-mentioned regulations.

F. Types of Temporary Permit applicable under this Form

1. Partner of a Maltese National

Eligibility Criteria:

• The Maltese national must hold Maltese citizenship.
• The Maltese national must be residing full-time in Malta. Exceptional circumstances to this that will be considered are when the Maltese national travels extensively for employment purposes, however, keeps a definite base in Malta and pays all his taxes in Malta
• The Maltese national may only support 1 partner of the same or different sex.
• Relationship must be stable and subsistent for at least 2 years at the time of application. The stability of the relationship will be determined on a case-by-case basis by Identità based on the evidentiary support provided by the applicant at the time of application.
• The couple’s relationship is only considered as valid if they have physically met in a sustainable and regular manner. Relationships carried out online will not be considered.
• Both the Maltese national and the third-country national must be over 18 years of age.
• Third-country national is in possession of a valid passport with a remaining duration of at least 12 months at the date of application.

Additional Supporting Documentation:

• Affidavit made by both partners under oath stating that they are in a stable relationship of a duration of at least 2 years, and that any relationship that either of the partners was in previously (whether as a married or unmarried form) has ended;
• Official certificate issued by the Public Registry clearly showing the civil status of the Maltese national;
• Legalised evidence (certificate or notarised affidavit) affirming the civil status of the third-country national and affirming that he/she is not in any other relationship;
• Evidence of a stable relationship and a detailed timeline;
• Proof of active communication in a common language;
• Proof that the Maltese national or the partner holds stable and regular resources which have not been obtained by virtue of recourse to the social assistance of Malta and which shall be deemed to be sufficient if they are higher than the social assistance benefits, and which can be evidenced through the provision of payslips, FS3, bank statements, or any other documents attesting this;
• Copy of the Identity Card document of the Maltese national showing that they will be residing at the same address

Access to Employment:

A Partner of a Maltese National is authorised to access employment provided they obtain a Jobsplus license and must be assisted and referred to Jobsplus to obtain the required employment license.

2. Parent of a Maltese National

Eligibility Criteria:

• The Maltese child must be a minor, under 18 years of age. Where the Maltese child is still studying and significantly dependent on his foreign national parent, an application from the Applicant under the premise of this policy may be considered until the child is 23 years or until the course of study finishes, whichever may come first;
• be largely dependent on the Applicant, either financially or physically;
  • In the context of this policy, ‘largely dependent’ means that if a residence permit is not granted to the parent and there is no alternative avenue for a residence permit according to national law, the child will be compelled to leave the EU along with the parent to maintain their familial connection;
• reside in Malta as the main country of residence;
• Reverse dependency of the parent on the child may be considered, if sufficient and irrefutable proof of significant dependency is provided. The onus of providing proof is on the applicant and the final decision on this matter will be determined by Identità, considering the evidence presented.

Additional Supporting Documentations:

• Letter explaining the parent’s (Applicant) purpose of stay in Malta;
• Official Birth certificate of the child where the Applicant is listed as one of the parents of the Maltese child or official Court documentation showing that the parent is either the legal stepparent, or the legally appointed foster parent or the legal guardian
• Proof of custody (sole or shared as may be the case) of the Maltese child
• Affidavit from the other parent or the child, that the child is in fact in regular contact with the non-Maltese parent, or sufficient evidence confirming that access to the child is regular and that the child is dependent on the applicant;
• Proof that the Applicant holds stable and regular resources which have not been obtained by virtue of recourse to the social assistance of Malta and which shall be deemed to be sufficient if they are higher than the social assistance benefits, which can be evidenced by payslips, FS3, bank statements, or any other documents attesting this.

Access to Employment:

A Parent of a Maltese National is authorised to access employment provided they obtain a Jobsplus license and must be assisted and referred to Jobsplus to obtain the required employment license.

3. Child of a Maltese National

Eligibility Criteria:

• The third country national must have been residing in Malta before he attained the age of 21;
• The third country national must have been in possession of a residence permit issued in line with Article 4 of Chapter 217 of the Laws of Malta ‘Immigration Act’ immediately prior to submitting an application for a residence permit on the basis of a ‘child of a Maltese national’;
• The third country national and the Maltese parent must be residing at the same address;
• The third country national must be largely dependent, either physically or financially, on the Maltese parent;
• The third country national has no alternative eligibility for a residence permit on their own merits.

Additional Supporting Documentations:

• Official Birth certificate of the child where the Maltese national is listed as the parent of the child;
• Proof that the non-Maltese national holds stable and regular resources which have not been obtained by virtue of recourse to the social assistance of Malta and which shall be deemed to be sufficient if they are higher than the social assistance benefits, which can be evidenced by payslips, FS3, bank statements, or any other documents attesting this.

Access to Employment:

A Child of a Maltese National is authorised to access employment provided they obtain a Jobsplus license and must be assisted and referred to Jobsplus to obtain the required employment license.

4. Employment Related: Posted Worker, Service Provider, Seasonal Workers, Temporary Employment, Working Holiday

Eligibility Criteria:

• For Posted Worker, Service Provider, Seasonal Workers, Temporary Employment, the applicant would have already secured prior approval or an employment license, as applicable, from the Department for Industrial and Employment Relations (DIER) or Jobsplus. Identità grants the temporary residence permit strictly based on and for the duration of the official license or authorisation.
• Working Holiday applicants must have obtained an approval from the Maltese mission in their country of origin or from the Central Visa Unit. Applicants must be 18 – 30 years of age to benefit from a permit on this basis.

Additional Supporting Documentations:

• Depending on the type of employment authorisation:
  • Posted Worker - Confirmation from the DIER that the person has been registered and fulfils the criteria of a posted worker;
  • Service Provider, Seasonal Worker or Temporary – Employment license from Jobsplus indicating that the individual has been recognised as a Service Provider, Seasonal Worker or Temporary Worker, as applicable;
  • Working Holiday – Authorisation by the Maltese mission, or, CVU;
• Residence card/Work permit issued by the first member state, where applicable.

Access to Employment:

This is an employment permit and access to the labour market is regulated by the DIER or Jobsplus, as applicable through the license/authorisation issued.

5. Humanitarian Grounds

Eligibility Criteria:

Cases for which permits are issued on this basis are very particular in nature and merit a one-to-one assessment, which needs to be authorised by the Chief Officer for Immigration or a Designate.

Cases may include:

• A third-country national child who was left in care in Malta and his parents are either untraceable, dead, or not fit to care for him and register him in their country of origin. Such cases are generally discussed with Appoġġ, who are most likely the legal guardian of such children and Komunità Malta, to ascertain whether such individuals may be eligible for citizenship and a permit of a temporary nature is required until their citizenship is processed;
• Spouse (or recognised partner, which may include an official cohabitant or a common-law spouse) of someone receiving medical treatment in Malta which is expected to last for an extended period of time, and for which the presence of his immediate family is advisable;
• An individual who was dismissed from employment, and either is in the middle of pregnancy and deemed as unable to travel or is somehow precluded from returning to her country;
• Cases related to homosexuals which although may not be recognised as eligible for any form of protection by the IPA, may be unable to return to their country of origin due to persecution by family members, their peers, and/or the state. Such cases should be considered for a short temporary permit with the condition that they will during that period become gainfully employed in order to sustain themselves in Malta and not become a burden on society;
• Other ad hoc cases.

Additional Supporting Documentations:

• Covering letter by the applicant explaining his/her purpose of stay in Malta;
• Sufficient proof of evidence supporting the claim.

Access to Employment:

A person on humanitarian grounds generally has no access to the labour market but may be granted such access by the Agency, depending on the case.

6. Health Purposes

Eligibility Criteria:

• A TCN who requires emergency care which will necessitate continued residence in Malta beyond what he was legally authorised when the circumstances arose, or;
• A TCN who chose a Maltese private hospital to receive treatment in Malta, for which he (or his insurance) is fully funding his medical care, including any hospitalisation required at the national hospital/s;
• A TCN who is being provided (prolonged) medical healthcare in Malta which is not available in his country of origin.

Additional Supporting Documentations:

• A detailed Medical Report by a local (i.e. practicing in Malta) Specialist Consultant attesting the medical condition and recovery period;
• If the requested authorisation is for the purpose of undergoing health treatment which had already been scheduled whilst person was outside Malta:
  • Hospital/clinic booking;
  • Copy of payment documentation;
  • Medical reports from local professionals;
  • Return Flight tickets (if applicable).
• In this case, the lease agreement (if applicable).

Access to Employment:

A person present for health purposes generally has no access to the labour market.

7. Religious Purposes

Eligibility Criteria:

• The TCN is being posted to Malta by his religious order or established church, to address the needs of their remit;
• Only members of officially recognised religious orders and sects are eligible to apply under this premise.

Additional Supporting Documentations:

• Letter from the Superior of the Order concerned or from a Superior of the Curia indicating the reasons of stay in Malta, period of stay and place of residence.
• In this case, the lease agreement (if applicable).

Access to Employment:

A person present for religious purposes generally has no access to the labour market but may be granted such access by the Agency.

8. Pensioner

Eligibility Criteria:

• The applicant has been a long-time resident of Malta for employment purposes and is eligible for state issued retirement pension;
• Only applicable once pension is approved by the Ministry for Social Services, or its departments, however, recognising that this process may take a while from the end of individual’s employment and hence his legal stay in Malta on the basis of employment, an interim ‘Temporary’ residence permit should be issued for period of up to 6 months, reviewed in liaison with the Ministry responsible for administering pensions.

Additional Supporting Documentations:

• A copy of the official document, showing that the applicant is entitled to a retirement income issued by the Social Services Department in Malta;
• For renewals - a copy of the bank statement, or any other official documentation showing ongoing and regular transfers of his/her pension.

Access to Employment:

A pensioner generally has no access to the labour market but may be granted such by the Agency.

9. Voluntary

Eligibility Criteria:

• Only applicable if the voluntary work is being undertaken with, either
  • an organisation recognised by the VO Commissioner, or
  • is a recognised Mobility Project for Young People: Voluntary Projects Scheme

Additional Supporting Documentations:

• A copy of the agreement with the host entity or, another body responsible for the voluntary service scheme in which he is participating. The agreement must be signed;
• Proof that the voluntary scheme is recognised either by the VO Commissioner, or as a Mobility Project for Young People: Voluntary Projects scheme;
• Provide evidence that if he is accommodated throughout the stay by the host entity, the accommodation meets the conditions as required by law;
• In this case, the lease agreement (if applicable).

Access to Employment:

A person issued a permit on the basis of providing Voluntary Services has no access to the labour market and gainful employment.

10. Traineeship

Eligibility Criteria:

• A TCN who has been offered traineeship with a recognised employer in Malta;
• A recognised employer and trainee must be first validated by Jobsplus, prior to the submission of a residence permit application under this premise

Additional Supporting Documentations:

• A copy of the confirmation letter indicating that the notification has been accepted by Jobsplus;
• A copy of the training agreement which provides for theoretical and practical training with a host entity.

Access to Employment:

A person issued a permit on the basis of Traineeship has no access to the labour market and gainful employment.

11. Dependents of Diplomats assigned to Malta

To apply for a Temporary (Temporary) Permit, generally after the matter has been raised through the Mission with Identità Management.

Eligibility Criteria:

• TCN is being supported and sponsored by an officially recognised Diplomatic official, being referred to as the Sponsor in this section, during the Diplomat’s service in Malta
• TCN has a familial immediate relation with the Diplomat or the Diplomat’s spouse/recognised partner. The below are the immediately recognised relations, although other relations may be considered depending on the case:
  • 1 Parent or parent-in-law assisting with child rearing/housekeeping
  • Children under the age of 21 of the spouse/partner of the Sponsor
• The permit will not be extended beyond the Diplomat’s tenure in Malta, or beyond a period of 4 years, whichever is the shortest.
• Locally engaged TCNs with foreign missions in Malta are not eligible.

Additional Supporting Documentations:

• An official letter issued by the Mission in Malta including the details of the Diplomat and his dependant, the tenure of assignment in Malta and the details of accommodation of the dependant.
• Should the dependant be living in independent rented accommodation, the Proof of Accommodation delineated in Section D of this Policy is required.
• A copy of the Residence Document issued by the Maltese Ministry of Foreign Affairs to the Sponsor.

Access to Employment:

A person issued a permit on this basis has no access to the labour market and gainful employment.

G. Non-Renewal and Revocation of Temporary Permits

This type of permit is not automatically renewable, nor should it be renewed year upon year without reviewing the current circumstances of the permit holder.

Such permit can be revoked for the same reasons as delineated in the standard terms and conditions, and any other infringement in violation of the Immigration Act. In addition, if a permit holder, is found working either when no permission to access the labour market has been granted, or, without the necessary license, the permit may be irretrievably revoked. In such cases, where the permit is granted on the basis of a relationship with a Maltese national, and the permit holder does not provide sufficient and acceptable justification for the above-mentioned infringements, the permit holder must be assisted and guided to access the labour market and regularise their residence in Malta through the Single Permit route.

H. Fees

Application fee is of €50 per year of permit