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Offered a job, questions about how Brexit will affect it.

Last activity 11 January 2021 by GozoMo

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Lukeyo

Hi, I'm from the UK and have been offered a job in Malta due to start in the second week of January. However with brexit due to come into effect 31st of December I was wondering what the requirements will be? Unfortunately they haven't been able to help me with answers and have left it up to me to find out.

Would it help travelling to Malta before the 31st? If I need a visa would it be possible to get one before the second week of January?

I'd appreciate any advice.

Thanks,

Luke

volcane

strongly suggest you move here before end of 2020 as that gives you access to the special visa route, post 2020 you will have to apply as a third country national which is MUCH harder including requirements that your company has advertised all over europe and couldn't find a suitable EU member etc

Lukeyo

Thanks, I'm just trying to find out how to do that now.

SimCityAT

Mohamed EL Sawy wrote:

Good evening, this was in 2010


What was?

GozoMo

Mohamed EL Sawy wrote:

Good evening, this was in 2010


?????

Alison77UK

Hi Luke, we are moving over to Malta in the middle of Jan and have been doing our research.  We have been advised that we have until June 2021 to apply for our residency visa.

As the UK has not yet left the EU, we haven’t had 100% confirmation on how we will progress (i.e will we be classed as a “third country”) - however the company who have offered us work don’t seem to think there is going to be an issue obtaining a permit to work.

It’s a difficult time to move isn’t it but all we can do is follow the advice as it stands right now :)

Good luck
Ali

SimCityAT

Alison77UK wrote:

Hi Luke, we are moving over to Malta in the middle of Jan and have been doing our research.  We have been advised that we have until June 2021 to apply for our residency visa.

As the UK has not yet left the EU, we haven’t had 100% confirmation on how we will progress (i.e will we be classed as a “third country”) - however the company who have offered us work don’t seem to think there is going to be an issue obtaining a permit to work.

It’s a difficult time to move isn’t it but all we can do is follow the advice as it stands right now :)

Good luck
Ali


Brexit has happened and the UK has left the EU, it's just at the end of the transition period (11pm GMT 31/12/20) You will be treated as 3cn from 1st January 2021.

Alison77UK

Poor wording on my part, however until the transition period is complete it is unclear exactly how certain elements will work

Alison77UK

Follow the updates on here for the latest guidance Luke  ...

https://www.gov.uk/guidance/living-in-malta#healthcare

Lukeyo

Hi,

I actually got a useful email from jobplus earlier. It was long so I'll just paste a bit, but the jist of it was that it's really important to arrive before 2021

"The most critical thing is that you enter Malta before the 31st of December 2020 as that is when the transition period ends. If you come to Malta in January you will need to apply for a residence card and an employment licence and you would need to wait until the application is decided before you can actually start working. (In fact I believe you will not be able to come to Malta unless the residence card has been issued in principle).



So in short I suggest that you make arrangements to come to Malta in 2020. This way you will be eligible to apply (after 3 months of living here) for a 10 year residence card that also gives you employment rights which means that even if you change jobs you do not need to change your card (unlike an employment licence which is issued on the basis of an employer)"

volcane

Alison77UK wrote:

Hi Luke, we are moving over to Malta in the middle of Jan and have been doing our research.  We have been advised that we have until June 2021 to apply for our residency visa.

As the UK has not yet left the EU, we haven’t had 100% confirmation on how we will progress (i.e will we be classed as a “third country”) - however the company who have offered us work don’t seem to think there is going to be an issue obtaining a permit to work.


while everything is not clear, you are right, one thing that IS crystal clear is that if you enter mid January you will enter under vastly different terms and will be classed as a Third Country National with huge impact on your employer.

You will have to apply yearly for extensions of your visa and will have very few rights, changing jobs will be very difficult. Contrast with a 10 year easily obtained visa and a strong set of rights and protection.

Arriving before 31st December means you enter on the same basis as a EU national.  You need to get here before end of December would be my advise.

Alison77UK

Hey Volcane, thanks for your input.  It’s strange how the employer isn’t saying this - we will talk to them again.

From your understanding, when you say “arrive” before the 31st, do you also mean commence work before the end of this year.  As my partners job isn’t due to start until Feb, not sure if this will impact it or if it’s only the arrival date that’s most important.  There is currently no guidance on this on the Gov websites.

Is there any particular resources you are getting your information from that we could read? Such as changing jobs and hassle for the employer as you have mentioned here.

Thanks for everyone’s help! Ali :)

SimCityAT

Alison77UK wrote:

Hey Volcane, thanks for your input.  It’s strange how the employer isn’t saying this - we will talk to them again.


They have it wrong, the same thing applies to all Brits in all EU countries.

Lukeyo

Hi Ali,

I can post the full email I got from jobplus that was really useful or send you the email address if you want, they're Malta's Public Employment Service and all EU jobs have to be processed through them I think.

Alison77UK

Both would be great thank you!***

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volcane

Are your prospective employers british nationals? It's not a surprise they don't know whats going on if not, there's a fairy tale going around that it all reverts to 90s era Commonwealth rules, which is not the case.

See https://identitymalta.com/uk-nationals- … ng-brexit/

You have to arrive here before end of year, then get a flat etcetc and before June next year register your presence, job, rental agreement and such which gives you the noted rights.

dennisp99

You must arrive before 31 December and not leave at any time during the following three months.  You must sign a rental contract (or buy a property) and show bank statements recording expenditure here regularly for the next three months (evidence that you ddn't leave Malta).  You should get an appoinrment with Identity Malta and provide evidence of your stay here.  You also need to prove that you can support yourself financially.  Not familiar what that entails precisely for employment here.  Leave others to advise on that.

volcane

Can you provide link saying you may not leave at all in that period? I don't recall that being a requirement but could be wrong - a friend was planning a trip and want to pass that on.

GozoMo

volcane wrote:

Can you provide link saying you may not leave at all in that period? I don't recall that being a requirement but could be wrong - a friend was planning a trip and want to pass that on.


I have never heard of that before.

SimCityAT

GozoMo wrote:
volcane wrote:

Can you provide link saying you may not leave at all in that period? I don't recall that being a requirement but could be wrong - a friend was planning a trip and want to pass that on.


I have never heard of that before.


That's why I am 99.9% sure that it's incorrect.

dennisp99

All of you guys have clearly been in Malta for several years.  So the rules may have changed.  My application is current and embraces Brexit.  In three different emails from Brexit at IMA-DCEA, they have stated that I must provide bank statements showing evidence of consecutive stay of not less than three months.  That's consecutive stay note.  I read the word consecutive to mean each and every day for three months.  If you leave during that time, the clock starts again and it's three months from when you return.
Those comments relate to my application which is based on economic self-sufficiency.  Could it be that it's different where employment is the qualification.

volcane

dennisp99 wrote:

All of you guys have clearly been in Malta for several years.  So the rules may have changed.  My application is current and embraces Brexit.  In three different emails from Brexit at IMA-DCEA, they have stated that I must provide bank statements showing evidence of consecutive stay of not less than three months.  That's consecutive stay note.  I read the word consecutive to mean each and every day for three months.  If you leave during that time, the clock starts again and it's three months from when you return.
Those comments relate to my application which is based on economic self-sufficiency.  Could it be that it's different where employment is the qualification.


Regardless of how long we've been here, we've all had to do the same new application again now. So likely had the same emails and same points lists of what to do :)

F0xgl0ve

We have never had any emails regarding renewing our cards, only the standard letter, which says you need to show economic activity in Malta by way of a bank statement. There has never been anything to say you can not leave on holiday or business as long as this remains your main residence.
I actually know one friend who lives in UK and flew over to do his application and then flew back within 4 days. He has his receipt and the only evidence of residence was payments/standing orders going out of his bank account here in Gozo for utilities and atm withdrawals when he was here in his apartment for holidays.!

dennisp99

My advice to Lukeyo would be to get in touch with the Brexit people at Identity Malta and ask them.  Bottom line is that they are the authority and whatever well-meaning advice he gets on here, they are the only people who can give him certainty.

F0xgl0ve

dennisp99 wrote:

My advice to Lukeyo would be to get in touch with the Brexit people at Identity Malta and ask them.  Bottom line is that they are the authority and whatever well-meaning advice he gets on here, they are the only people who can give him certainty.


And the advice from Identity Malta staff will vary from day to day and person to person.
Having said that, we have gone through the routine of obtaining or renewing Residence cards 5 times now and their service has always been very good. When the cards first started being issued in 2013 it took us 8 months to get ours!

Clay_gee

Would a maltese citizen living in UK need to go through all this if they decide to move back to malta

thanks

GozoMo

Clay_gee wrote:

Would a maltese citizen living in UK need to go through all this if they decide to move back to malta

thanks


You would still need to apply for a Maltese identity card.

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