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Malta Work permit for non EU citizen and non EU citizen spouse

Last activity 07 March 2015 by New Horizonz

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friki78

Does anyone knows after being granted work permit for non EU citizen, does non EU citizen spouse can get work permit through hin/her  also? Or only Maltese ID card ?

New Horizonz

I think the when e-residency issued to the TCN worker, the dependant TCN spouse is free to work without the need for getting a work permit.

ricky

Hi,

the answer is definitly no. No work permit will be issued for the dependent TCN.

The non-EU spouse does not get a Maltese ID card . It is residence card ! The residence permit for a TCN family member/spouse is not always granted either.

Cheers
Ricky

New Horizonz

Good morning ricky

The post is convoluted and unclear.... given!

Is it correct that issuance of a work permit (employment license) to a TCN leads to residency permits for the TCN and the dependant family? 
I am trying to amplify my own understanding of the rules so I don't give incorrect information.

===

friki78 first asked:    "Does anyone knows ...."
You replied:             "the answer is definitly no."
No further comments! ;)

ricky

Hi New Horizonz,

the first point is correct. A work permit for a TCN gives residency for one year. Then it has to be renewed. Whether or not the dependent family members are granted residency  is at the discretion of the authorities. Check with the appropriate Guidelines:

homeaffairs.gov.mt/en/MHAS-Information/Services/Documents/Residence/CEA8-URP%20%28as%20on%203%20September%202014%29.pdf

The residency for family members does not automatically mean getting a work permit. A work permit has to be applied for as with all other TCN's. In fact it is usually denied as the original work permit / residency is only given if the person can support a family in the first place. I know of a case with an American couple. She worked and he was never allowed to work. In the end she lost her job and they were both forced to leave.

Cheers
Ricky

New Horizonz

Thanks Ricky.

It's clear now and also a clear departure from the practises in the UK or at least how they used to be many years ago.
The worker would have a red stamp in the passport with a long worded array of restrictions on activities. The spouse would get a green stamp only stating the "valid until date" and no restrictions.

Thanks for the information Ricky.

Side note:
I often helped my American bosses with such matters. Once the wife of one of bosses wanted to help out (infrequently and unpaid) looking after horses at a friend's stable (no employees working there), as she loved horses. She wanted to be sure it's allowed. He husband had a work permit and a red stamp. I pointed out when no restrictions mentioned, it means there aren't any and hence no permit is required. That's even if that was classed as a job which was debatable to say the least.
To be certain, I asked the Home Office (the stamp part only) and they confirmed it: no restrictions and work permit for the dependant spouse.

You also explained why a TCN friend who holds a senior position here was recently unable to get residency for her mom. The extended family over the years had moved elsewhere to pursue or advance their careers etc. When she took the job, her mom was left there alone.
Her application must have been rejected because her mom deemed not to be dependant on her or reliant on her income! despite she is an old lady and lived in daughter's flat for the past 10 years.
She moved to the US instead to stay with her other children.

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