Third country nationals wishing to reside in Malta as seasonal workers may do so in line with Subsidiary Legislation 217.20 Conditions of Entry and Stay of Third Country Nationals for the purpose of Employment as Seasonal Workers Regulations.

A residence permit issued to persons who are seasonal workers may be applied for by third country nationals who retain their principal place of residence in a third country and stays legally and temporarily in Malta in order to carry out an activity dependent on the passing of seasons, under one or more fixed term work contracts concluded directly between that third country national and the employer established in Malta.

If you wish to apply for employment as a seasonal worker for stays exceeding ninety days, you must submit an application with Identity Malta Agency in a single application procedure, which is endorsed by your employer.

You shall be entitled to submit an application, which shall include a fee of 280.50 euro, in a single application procedure via link Single Permit – Article (gov.mt)

Conditions

Identity Malta Agency,  in  consultation  with  the Principal Immigration Officer, shall verify that the third country national does not present a risk of illegal immigration and that he intends to leave the territory of Malta at the latest on the date of expiry of the authorisation. Third country nationals who are considered to pose a threat to public policy, public security or public health shall not be admitted.

An application by a third country national for the purpose of seasonal work shall be considered inadmissible or rejected on the basis of labour market considerations.

The maximum period of stay for seasonal workers shall be not more than nine months in any twelve month period. After the expiry of this period, the third country national shall leave the territory of Malt, provided  that  no  residence  permit  has  been  issued  in accordance with national law for purposes other than seasonal work.

If you wish to apply for admission for employment as a seasonal worker for stays not exceeding ninety days, you must apply for an employment license with Jobsplus. Should you require information regarding the process of obtaining an employment license as a seasonal worker you are kindly requested to contact the Employment License Unit Jobsplus (gov.mt)

Documents

(a) a valid contract of employment, or a binding job offer to  work  as  a  seasonal  worker  in  Malta  with  an employer which specify:

(i) the place and type of work;

(ii) the duration of employment;

(iii) the remuneration;

(iv) the working hours per week or month;

(v)  the amount of any paid leave;

(vi) where  applicable other relevant working conditions; and

(vii) if  possible,  the  date  of  commencement  of employment

• evidence of having, or of having applied for, sickness insurance for  all  the  risks  normally  covered  for Maltese nationals for periods where no such insurance coverage and corresponding entitlement to benefits are provided in connection with, or as a result of, the work carried out in Malta;

• evidence that the seasonal worker will have adequate accommodation or that adequate accommodation will be provided;

• proof of sufficient resources to maintain himself and will have no recourse to the social assistance systems;

• in cases where the contract of employment or binding job offer specifies that the third-country national will exercise a regulated profession, as defined in the Recognition of Professional Qualifications Regulations, the applicant must present documentation attesting that he fulfils the conditions for the exercise of that regulated profession;

• a valid travel document, the period of validity shall exceed the intended duration of stay by a maximum of three months;

Rights

Seasonal workers shall be entitled to equal treatment with Maltese nationals at least with regard to:

• terms of employment, including the minimum working age, and  working  conditions,  including  pay  and dismissal, working hours, leave and holidays, as well as health and safety requirements at the work place;
• the right  to  strike  and  take  industrial  action,  in accordance  with  the  Employment  and  Industrial Relations  Act,  and  freedom  of  association  and affiliation  and  membership  of  an  organisation representing  workers  or  of  any  organisation  whose members  are  engaged  in  a  specific  occupation, including  the  rights  and  benefits  conferred  by  such organisations,  including  the  right  to  negotiate  and conclude collective agreements, without prejudice to the  national  provisions  on  public  policy  and  public security;
• back payments  to  be  made  by  the  employers, concerning any outstanding remuneration to the third-country national;
• branches of social security, as defined in Article 3 of Regulation (EC) No 883/2004:Provided that  family  benefits  and  unemployment benefits are excluded, without prejudice to the rights conferred by Regulation (EU) No 1231/2010;
• access to goods and services and the supply of goods and services  made  available  to  the  public,  except housing, without prejudice to the freedom of contract in accordance with Union and national law;
• advice  services  on  seasonal  work  afforded  for  the purposes of long term employment by Jobsplus;
• education and vocational training: Provided that  the  application  to  education  and vocational  training  shall  be  directly  linked  to  the specific employment activity and excluding study and maintenance  grants  and  loans  or  other  grants  and loans;
• recognition  of  diplomas,  certificates  and  other professional  qualifications  in  accordance  with  the Conditions of Entry and Residence of Third Country Nationals  for  the  purpose  of  Highly  Qualified Employment Regulations;
• tax benefits, in so far as the seasonal worker is deemed to be resident for tax purposes in Malta: Provided that  tax  benefits  shall  be  limited  to  cases where the registered or usual place of residence of the family members of the seasonal worker, for whom he claims benefits, lies in the territory of Malta.

Procedural Safeguards

Identity Malta Agency shall notify the decision to the applicant in writing not later than ninety days from the date on which the complete application was submitted.

Where  the  information  or  documentation  supplied  in support of the application is incomplete, the competent authorities shall notify the applicant, within a reasonable period of time, of the additional information that is required and set a reasonable deadline for providing it.

Reasons for a decision withdrawing the authorisation for the purpose of seasonal work shall be given in writing to both the seasonal worker and the employer.

An appeal from the decision of Identity Malta Agency may be lodged with the Immigration Appeals Board within three working days from the date of the decision of the Agency.