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What happens if your work permit in Malta has been refused?
We get this question quite often at MK Malta. Thankfully, our experienced lawyers, paralegals, and administrators are hands-on with such matters with a variety of clients.
Apart from the various steps one can take, this article also gives possible reasons why applications could be rejected. In short, one can appeal the decision, reapply for the work permit, consider other residency programmes, and seek professional advice.
From our experience, the reasons for Malta Single Permit refusals are seldom explicitly stated. However, the most common factors behind visa refusal in Malta are the submission of incorrect or incomplete documents. It could be the case that they were not presented in the correct order/ the applicant did not have sufficient funds to cover travelling expenses/ the candidate has a past criminal record that was not disclosed (or previous illegal stays in Malta)/ the applicant has shortcomings in their prospective employment.
What can you do if your work permit in Malta has been refused?
Appeal the Decision
Seek legal assistance from a lawyer in Malta with experience in the Residency & Immigration Practice Area. If you believe that the decision to refuse your work permit was made in error, you can appeal the decision. At this stage, we would recommend that you appoint an experienced lawyer to guide you in submitting the appeal in order to increase your chances for success.
Keep in mind that an appeal is time-sensitive. You have the right to appeal against the decision to the Immigration Appeals Board within fifteen (15) days of the notification of such decision.
Reapply for the work permit
If your work permit was refused due to a minor issue, you can reapply for the permit. You can do this by addressing the issue that led to the refusal, followed by submitting a new application.
However, if the refusal was due to a major issue, such as a lack of qualifications or experience, it may be best to consider other options and seek legal assistance from an experienced lawyer.
Keep in mind that the processing time for a work permit application in Malta varies depending on the type of work permit (such as a Single Work Permit), and the individual case (the particularities attached to the person applying for the work permit in Malta). Consequently, reapplying for the permit starts the process anew, and thus restarts the clock for the processing time.
Consider other Residency Programmes
If your work permit has been refused, you may want to consider other residency programmes in Malta. There are several programmes available, such as the Global Residence Programme, the Residence Programme, the Malta Permanent Residence Programme, the Naturalisation by Direct Investment scheme, the Malta Nomad Residence Permit, the Highly Qualified Persons scheme, and the Malta Retirement Programme.
Each programme has its own requirements and application process. Hence, it is important to conduct the necessary research and to carefully determine which one is best for you.
Seek Professional Assistance
If you are having difficulty obtaining a work permit or residency in Malta, it may be worth considering professional assistance. A lawyer who specialises in immigration law can help you navigate the application process and provide guidance on the best course of action. An accountant can also advise you on tax matters and help you time your move tax-wise. At MK Malta, we house several experts together with our lawyers, in order to optimise the efficiency and efficacy of your application submission.
Why Choose MK Malta?
In Summary, We Can Help!
It is important to ensure that all the required documents are submitted correctly and on time, and that the applicant has a clean record and sufficient funds to cover their expenses. If a single permit application is refused, the fee paid for the application is not refunded. An applicant refused a single work permit should be notified about the basic right of appeal.
Conclusively, the options given above should give you some guidance if your work permit in Malta has been refused. Speak to us in full confidence if you wish to seek professional assistance: infomalta@kyprianou.com | +356 2016 1010.
The content of this article is valid as at the date of its first publication. It is intended to provide a general guide to the subject matter and does not constitute legal advice. We recommend that you seek professional advice on your specific matter before acting on any information provided. For further information or advice, please contact infomalta@kyprianou.com or telephone +356 2016 1010.
