You have established your bona fidies by adhering to all conditions imposed by Court while on bail. Submit an application to the Court in Malta making an impassioned for permission to work in Bulgaria giving an undertaking to attend the Court in Malta as and when required. Court will take humanitarian view as the matter relates to your livelihood and will permit to work in Bulgaria.
Permission to work abroad under bail
Hi all Dear, My case is referred to domestic violence in Malta. My ex-partner filed a false report. I am under bail since 24.09.2021, as well as I have restriction to leave Malta. I am Bulgarian, born in Bulgaria. Malta and Bulgaria are in European Union. On 22.06.2022, I have received permission from the court to visit Bulgaria for first time, /before the court refused 2 times/after 10 months. That permission was given for 20 days only and after that I came back again in Malta. I performed strictly all of the regulation imposed by the court regarding traveling to Bulgaria and back to Malta . I have No criminal record before either Malta or in Bulgaria. When i was in Bulgaria, my ex employer made me suggestion to re-employe me. The company gave me document "Declaration of certify" /same like sworn declaration / that company declare before notary that the company will arrange always unpaid leave and immediately will assist when i need to travel to Malta in connention with filed case and to present on every court seetings. My questions is - 1.What can i do to get permission to work in Bulgaria and to present on court seetings only, because I am in bail almost one year without any incomes in Malta,even the moment I can't pay my rent for a flat. 2. Can the court trust me already, because I was in Bulgaria for 20 days, performing all of the court regulations, and after that I come back in Malta again exactly on the day fixed by the court.
Asked 3 years ago in Criminal Law
Religion: Christian
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23 Answers
Make an application to court that you may be permitted to travel abroad for work purposes
seek exemption from personal appearance until further orders
court can grant you permission to work abroad
You can file an application to the trial court at Malta seeking its permission to dispense with your personal appearance before court during trial proceedings owing to your employment at peril atr Bulgaria.
You can take the assistance of a local lawyer at Malta and file the suggested application.
If you cannot afford to pay for a private lawyer, you could be entitled to a court-appointed lawyer on legal aid. You cannot choose which specific lawyer is appointed for you in this way. There is no specific test to calculate your eligibility for legal aid based on your earnings, but as a general rule, you are entitled to legal aid if you are out of work.
Hi again to all, regarding the question asked about permission to work in Bulgaria, I would like to clarify that my guarantee in Malta is related to visiting the police 3 times a week, which continues even after my return. Would this circumstance prevent me from asking the court to work in Bulgaria and to appear at every court session in Malta. 2. The fact that I have already gone to Bulgaria and returned within the period specified by the court, will the court take into account that there is no risk of absconding. 3. What will be the most important thing that can convince the court to allow me to work in Bulgaria.
Asked 3 years ago
You have to apply to court for modification of your bail conditions regarding visiting police station thrice a week as investigations have been completed
Court can grant you permission to travel abroad for work purposes
enclose your appointment letter
When you are seeking permission to work in Bulgaria, you need to seek suspension of condition to visit police station thrice a week. The most valid and just reason is, you are seeking permission to work and make a living. Income earned can also be use to pay alimony and discharge other matrimonial obligations.
1. You may first file an application seeking relaxation of the conditions imposed for grant of bail.
2. It depends on your behavior and attitude which the court may be observing.
3. You may have to produce sufficient solvency to convince the court to accept your request for working at Bulgaria
1. The standard operating procedure in such cases is that the accused enlarged on bail shall have to file a petition before the Court with the prayer to grant him leave to go to the other Country to earn his livelihood on condition that he will be back immediately to appear before the Court on receipt of notice.
2. The Court is likely to trust you, more so, because of the said declaration given by your prospective employer at Bulgaria which should be submitted before the Court along with your petition mentioned above.
1. When you shall file the application praying for leave to visit Bulgaria to earn your livelihood, you shall also have to pray for waiving the clause of visiting the police station in Malta during that period.
2. & 3. Going to Bulgaria and returning on time is not a very big issue but it will certainly go in your favour. The mail issue should be that you are not getting employment in Malta and have got an offer in Bulgaria for which the Court at Malta might allow your petition.
You can work the only undertaking to court will be that you proceed with the matter and remain present whenever court directs you too
- You can move an application before the said Court which grants you conditional bail for exemption from personal appearance before the police thrice in a week , on the ground of not permission by the employer
- Further, if that is a matrimonial case , then such conditions cannot be imposed by the court.
- Further, if you are not capable to bear the expenses of a lawyer , then you can also move an application to give a lawyer free of cost from the government fund.
- Further, if you are in Bulgaria , then you may be allowed by the court to work therein on the condition that you will appear before the court when ordered for the same.
Hello gentlemen, In relation to the question asked about permission to work in Bulgaria while I am on bail in Malta, I would like to ask: 1. is there any deadline for me to submit this application to the court in Malta. I returned to Malta on 12.07.2022, and the job offer was made to me on 01.07.2022 when I was in Bulgaria. 2. How would the court accept the fact that I was recently in Bulgaria for a certain period from 22.06.2022 to 11.07.2022 for the reason of replacing expired documents - identity card. Would it anger the court that during this period I have been looking for work and two weeks after my return to Malta I again put in an application on another basis - to work in Bulgaria in connection with the job offer from my former employer who wants to hire me.
Asked 3 years ago
1. It depends on your urgency because it is you who is looking for the relief.
2. You may have to produce all the document pertaining to your employment as well as your inability to sustain your expenses in the absence of any income to survive.
You need to earn your livelihood
Court would not infuriated by the fact that you were looking for job during your visit to Bulgaria
No you can submit it anytime but it may take time to decide the same by court so it's better you match the same
Hello to all Dear, I have received the answer by lawyer Prashant Nayak as follows : "No you can submit it anytime but it may take time to decide the same by court so it's better you match the same".. 1.Kindly request you to clarify what exactly means that 2.and if it's possible can you give me more details, what can i do to be sure that the court will accept my application to work in Bulgaria. I believe that you expiriance in this matter will help me to much.. 3.Can i file this application now, because there is a court vacation for Maltese court.
Asked 3 years ago
It means you should make application at the earliest as disposal of case May take some
2) file application now
1. There is no deadline for seeking leave for going to other Country for employment.
2. It is quite natural for you that after going to Bulgaria recently, you have started seeking for job which you have been offered also. The Malta Court has no reason to get annoyed for your getting the job at Bulgaria and/or for praying for leave to go to Bulgaria for earning your livelihood.
You can file the application now itself if there is a vacation bench scheduled to be held at Malta.
As told after filing your application court takes some time to decide it. You need to file it accordingly in advance to match it with your job joining dates etc. For other specific details I need to check it after studying your entire case you can contact me through kaanoon for detailed analysis. In your case if required
1. It indicates that the court may accept your application but it may take time for disposal considering various factors involved in it.
2.This is pertaining to laws of Malta country, therefore no predictions can be made on the basis of Indian laws.
3. If there any vacation court is functioning you can file the application in the vacation court also.
Can a lawyer refuse his client to submit an application for work in Bulgaria to the court in Malta. Yesterday I visited my lawyer and at the meeting it became clear that the lawyer does not agree and categorically refused to apply for a job in Bulgaria. She said that I had recently been in Bulgaria 15 days ago and there was no way she could ask the court again after this short period to let me work in Bulgaria and appear at every court session. He also told me that my next court hearing in Malta is on 12/09/2022 and there is not much time until then, and that our defense was starting and I should be available to the lawyer if he calls me in connection with the defense. Please advise me what to do. I can't live here without work, having in mind that I have realy suggestion from my ex employer to begin work immediately after permission by the court.
Asked 3 years ago
You can contact another lawyer for making application that you be permitted to go abroad fir work purposes
No he can't refuse unless you have not paid his fees
A lawyer cannot be forced by a client to take up his case.
Since your lawyer has instructed you with the procedures, it becomes your duty to comply with the same or face the legal consequences.
1. A Lawyer is the creature of his Client's lawful instructions in connection with his case. So, ordinarily he should not refuse to accept any valid instruction from his client.
2. However, a Lawyer can certainly firmly advise his client about his do's & don'ts in connection with his case and in the interest of the case the Lawyer is handling.
- I have already given my reply
- Further, a lawyer cannot refuse his client to submit an application in the court , if if has already received Fees for the same.
- Further , if you are unable to approach the court on each and every date of hearing , then you can instruct your lawyer to move an application for exemption for personal appearance.