Permit refused? The common reasons and how to appeal in time

A refusal is usually a paperwork failure on the employer’s side, and the appeal window is days, not weeks. Read the refusal letter the hour it arrives, find the reason in the list below, and decide the same day whether to appeal or to reapply.

The common reasons

1. No valid advert. The employer did not advertise for three weeks within the two months before submitting, or the advert had no publication date. Identità’s own word: ineligible. Fix: advertise properly and reapply.
2. Failed suitability check. Jobsplus did not accept the pre-departure certificate, the qualification recognition where needed, the regulated-profession approval, or the employer’s declaration. Fix: get the missing piece and reapply.
3. Applied from inside Malta on a tourist visa. Refused as a matter of policy since 2025. Fix: leave Schengen and apply from abroad.
4. Employer blocked. Termination rate above the threshold, an unjustified dismissal in the previous twelve months, late engagement or termination forms, a breach of the disability employment quota, or a finding of worker exploitation. Fix: none on your side. Find another employer. How to verify the next employer before you sign is on its own page.
5. Salary below the rule. Under the minimum wage for the sector, or under €30,000 or €45,000 for the fast tracks. Fix: a corrected contract.
6. Health screening not cleared. Missing X-ray, refused vaccination, incomplete records. Fix: complete the screening. What the screening tests and what fails you is on its own page.
7. Accommodation papers wrong. No Housing Authority registration, no attestation form, a one-room dwelling for a family. Fix: register the lease properly.
8. Documents expired. Passport under eight months, an approval in principle that lapsed before the visa application. Fix: renew and reapply.

The appeal, and the clock

• Residence permit refusals: Identità states an appeal to the Immigration Appeals Board within three days. The long-term residence FAQ says three working days. Treat it as three days.
• Long-stay visa refusals: fifteen days, directly to the Immigration Appeals Board.

The Board is an autonomous judicial body. You can appear with a lawyer; the organisations in the who-helps-you guide can point you to free or low-cost help. An appeal argues that the decision was wrong on the facts or the law. It does not fix a missing advert; for that, reapply.

Appeal or reapply?

• Missing or expired document: reapply. Faster and cheaper. The permit checklist shows what to send, in what order.
• Decision based on a fact you can disprove with paper: appeal.
• Employer blocked: neither. Change employer.
• Refusal while you are in Malta with a grace period running: do both in parallel, and watch the 30 days.

While a refusal stands

• Do not work. Employing you without the permit is the employer’s offence, and your problem.
• Do not overstay a visa waiting for a decision. The Central Visa Unit says a pending residence application does not give a right to stay past your authorised period.
• Keep the refusal letter. It is the evidence for the next application.

The fee is not refunded

Visa fees are not refunded on refusal or withdrawal. Permit fees, likewise. That is the employer’s money for the permit; a real employer knows it and does not ask you to make it good.

Check this at the source

• Identità, working and residing in Malta: appeal within 3 days. https://identita.gov.mt/working-residing-in-malta/
• Identità fact sheet, July 2025: the vacancy requirement makes applications ineligible without it. https://identita.gov.mt/wp-content/uploads/2025/07/Fact-Sheet.pdf
• Identità, Central Visa Unit: visa appeal within 15 days, fees not refundable. https://identita.gov.mt/central-visa-unit-national-visa-long-stay-visa/
• Government press release, 27 November 2025: suitability check, employer disqualification. https://www.gov.mt/en/Government/DOI/Press%20Releases/Pages/2025/11/27/pr252122en.aspx