S.L. 217.4 ст. 5Residence and employment. S.L. 594.17

(1) Where a citizen of the Union wishes to take up employment (hereinafter referred to as "the worker") no such employment can be undertaken unless, in addition to a residence permit, a licence has been issued, provided that such licence shall not, subject to what is stated herein, be withheld.

(2) The provisions of these regulations shall be without prejudice to any restrictions on employment on grounds of citizenship in those sectors of the Public Service that are open only to Maltese nationals.

(3) Where a citizen of the Union is a worker pursuing an activity as an employed person in Malta, his dependants shall, even if they are third country nationals, have the right to install themselves with the worker, and for such purposes, they shall be issued with a residence permit or a residence document as the case may be, subject to the same rights and conditions as the residence permit held by the person of whom they are dependants, including the right to take up an activity as an employed person in Malta provided that the worker shall have available for his dependants, accommodation considered as normal for Maltese workers.

(4) Entitlement to a residence permit and, or, residence document for the purpose of employment shall be evidenced as follows:

(a) by the worker:

(i) production of a valid identification document with which the citizen of the Union entered Malta; and

(ii) production of a licence;

(b) by the dependants:

(i) a valid identification document; and

(ii) a visa, if the dependants are citizens of a state whose citizens require a visa when crossing the border crossing point; and

(iii) a document issued by a competent authority of the state of origin or the state from which such dependants came, proving their relationship to the worker; and

(iv) a document issued by the competent authority of the state of origin or the state from which the dependants came testifying that they depend on the worker or that they share the same abode in such country.

(5) A citizen of the Union who enters Malta for work and who, having been granted a residence permit, is employed in Malta shall, subject to the following provisions of this regulation, be considered to have resident status for as long as he does not become voluntarily unemployed: Provided that where the worker employed in Malta has his residence in a Member State other than Malta, and returns to such state at least once a week, he shall be issued with a special residence permit valid for five years and automatically renewable.

(6) Residence may be revoked where the worker has become voluntarily unemployed and such revocation may be extended to his dependants as the case may be.

(7) The Minister responsible for employment, may, by Order, and on the advice of the employment agency, indicate that in his opinion the grant of a licence to a citizen of the Union and, or, his dependants in a particular sector or occupation creates or may create disturbances on the labour market which could seriously threaten the standard of living or level of employment.

(8) For the purpose of subregulation (7), in particular for the monitoring of the labour market by the employment agency, any person who employs a worker shall abide by the provisions of the Manpower Records (Commencement or Termination of Employment) Regulations, both at time of employment and at time of termination.

(9) Any person who employs a worker without a licence shall be guilty of an offence in terms of the Act.