Employer thresholds have become one of the defining features of Malta’s updated labour migration system in 2025, shaping both recruitment practices and application outcomes for third-country nationals (TCNs). This has been a year of significant transition for TCNs and employers, marked by major reforms rolled out in Phase 1 in August followed by Phase 2 in October.
As the new rules take effect, the recruitment process has become more structured, more regulated and, in several areas, far more complex. Among the changes creating the most confusion is the employer threshold rule. This requirement, now firmly enforced by Jobsplus, is resulting in a growing number of unexpected rejections for both new TCN applicants and those applying for a change of employer.
As enforcement continues to intensify, understanding how thresholds function and how employer eligibility affects TCN applications has become essential for both sides of the recruitment process.
Understanding the Employer Threshold Rule
Under Malta’s updated labour migration policy, every employer is assigned a limit on how many third-country nationals (TCNs) they are permitted to employ. This framework is designed to ensure balanced workforce composition across sectors and to align foreign recruitment with national labour market needs. Instead of a fixed national quota, thresholds are allocated on an employer-by-employer basis, taking into account elements such as the industry the business operates in, its operational scale, its staffing structure and its overall compliance record. When this limit is reached, Jobsplus is required to reject any new TCN application associated with that employer, whether it is a first-time recruitment or a change-of-employer submission. This makes the threshold rule a central factor in determining whether a TCN application can proceed at all.
How an Employer Can Know if They Have Reached Their Threshold
Employers can only confirm their threshold status through Jobsplus, as these limits are assigned individually and are not visible in any public portal or system. When contacted, Jobsplus reviews the employer’s current workforce data and informs them whether they are still eligible to recruit additional TCNs or whether their limit has already been reached. Because thresholds can shift when staff numbers change or when sector rules are updated, employers should not rely on assumptions or previous approvals. A direct verification with Jobsplus before offering a role or supporting a Change of Employer application is the only reliable way to avoid automatic rejections and prevent applicants from incurring unnecessary costs.
Once an employer reaches the maximum number of TCNs they are allowed to hire, any further application is rejected automatically. This occurs regardless of whether the applicant meets all requirements or the employer has an urgent operational need. This rule applies both to new employment applications from abroad and to TCNs already in Malta who are seeking a change of employer.
Case Study: Threshold Reached Without Employer Realising
A medium-sized café employs 18 workers, six of whom are TCNs. The employer assumes they can hire another TCN because business is expanding, and they have previously been approved without difficulty. Before supporting the application, the manager contacts Jobsplus for confirmation and learns that the café’s assigned threshold allows a maximum of six TCN employees based on its sector and workforce ratio. This means the employer has unknowingly reached the limit.
Had they proceeded with the application, the TCN candidate would have paid the €600 Change of Employer fee and received an automatic rejection during the initial threshold check. By verifying in advance, the employer avoids causing unnecessary financial loss and ensures full compliance with the 2025 rules.
A Noticeable Increase in Rejections
Recent months have shown a significant rise in rejections where the stated reason is that the employer has reached its threshold. In many cases, neither the employer nor the applicant anticipated the outcome.
The rejection often arrives early in the evaluation process, as Jobsplus performs an immediate threshold check before reviewing any documents or qualifications. This means a candidate may be denied before the application is even examined substantively.
This pattern is consistent across multiple sectors and reflects the broader shift toward regulating TCN recruitment more tightly under the 2025 framework.
Financial Consequences for TCN Applicants
The financial burden of these rejections is considerable. Under the updated fees introduced in 2025, the Change of Employer and New Applications now costs 600 euro. The fee is fully paid by the applicant and remains non-refundable regardless of the reason for rejection.
As a result, many TCNs are losing this amount even when the rejection arises from circumstances beyond their control, such as an employer unknowingly exceeding their threshold. This has created a challenging environment where applicants are forced to absorb losses while employers face no immediate financial consequence.
The lack of employer awareness is becoming one of the main causes of preventable financial setbacks for TCNs.
Why Employers Must Act Responsibly
With the stricter enforcement of thresholds, employers now play a decisive role in preventing unnecessary rejections. Companies must ensure that they are eligible to recruit a TCN before moving forward with an offer or supporting an application.
Practical steps include:
- Verifying threshold status directly with Jobsplus before any recruitment decision.
- Updating internal HR procedures to include threshold checks as part of the hiring workflow.
- Providing clear and honest communication to potential TCN employees about the company’s current eligibility to hire.
- Tracking workforce changes carefully, since even one new hire can shift the company’s compliance position.
- Taking proactive measures to stay informed about regulatory updates that may impact quotas or eligibility.
Employers who take these steps reduce the risk of avoidable rejections, protect applicants from financial loss and maintain stronger compliance records.
What TCN Applicants Should Consider
While employers carry most of the responsibility under the new system, TCNs also benefit from taking precautionary steps. Before submitting an application or paying any fee, applicants should:
- Ask the employer to confirm that they are under their permitted TCN threshold.
- Request assurance that a recent Jobsplus verification has been completed.Keep written confirmation from the employer, which can be useful if concerns arise later.
- Avoid investing in an application until they are confident that the employer is eligible to hire.
These measures help reduce the risk of avoidable financial loss at a time when application fees are higher than before.
Labour Market Insights
The increased enforcement of threshold limits comes at a time when TCNs form a significant share of Malta’s workforce. According to the latest official data, there were approximately 123,772 foreign workers in Malta and Gozo at the end of December 2024, with TCNs accounting for about 69 percent of the total. This demonstrates the scale of reliance on non-EU labour and highlights why regulatory clarity on thresholds is becoming more important.
Certain sectors have already experienced tightened controls. For example, the number of TCNs employed in the cab and food courier industry fell by over a thousand within a few months, reflecting sector-specific reviews and threshold-related restrictions.
These trends signal that Malta’s labour migration framework is moving toward a more managed and capacity-based model, where employer eligibility plays a defining role in workforce planning.
Policy Concern
In the interest of fairness, cases rejected solely for employer-threshold reasons should be reconsidered. A system allowing applicants to receive a credit note or the ability to reapply with another eligible employer would ensure that individuals are not financially penalised for circumstances fully outside their control.
Given the heightened enforcement environment in 2025, this is an area that merits review and adjustment to protect TCN applicants and maintain a more equitable migration framework.
Building Awareness
Employer thresholds have become a central element of Malta’s new labour system, influencing both recruitment strategies and application outcomes. With rejection rates rising and application fees increasing, the responsibility placed on employers has never been more significant.
For TCNs, understanding the impact of employer eligibility and being proactive in confirming a company’s threshold status is now essential. For employers, responsible hiring practices and proper verification with Jobsplus can prevent unnecessary losses and help maintain compliance under the 2025 framework.
As Malta continues to refine its labour migration policy, staying informed and taking early steps to verify eligibility will be key to navigating the new environment effectively.
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