Joseph Spiteri is fighting for the release of his new employee from detention. Photo: Matthew Mirabelli

A Filipino man, who has been working legally in Malta for over a year, is being held in a detention centre after he was arrested for working without a permit following “a misunderstanding”, according to his new employer.

Joseph Spiteri cannot understand how a genuine mistake led to Jayson Vizconde, 35, being arrested and detained.

Mr Vizconde, who was in between jobs, was waiting for a work permit to be issued under his new employer.

Mr Spiteri said he misunderstood a document sent to him by the Employment and Training Corporation to mean that Mr Vizconde could start working – following a conversation he had, on those lines, with an ETC official.

It later turned out the document simply stated the work permit application was being processed.

The Ministry for Education and Employment said police and ETC followed the usual procedure in such cases to prevent people overstaying in the country illegally.

Mr Vizconde has appealed a removal order and the case is on hold pending procedures before the Immigration Appeals Board.

“Yes, there was a mistake. I admit that and take responsibility. But I can’t understand why the situation has to be handled like this – a man put into a detention centre when he has a residency permit and when the ETC knows the situation,” said Mr Spiteri, the operations’ manager of the company employing Mr Vizconde.

Meanwhile, speaking to Times of Malta from the Safi detention centre, Mr Vizconde said his main worry was being deported.

“I have to stay in Malta to work because I have to support my family in the Philippines, especially my mother who needs medication,” he said.

Mr Vizconde, who has been at Safi for 12 days, worked in Malta for a year and a half with residency and work permits. Because his work permit was tied to his job, when he got the opportunity to change jobs he had to reapply for it under his new employer.

Meanwhile, his residency permit, seen by this newspaper, was extended till the end of July.

Mr Spiteri said that, about two months ago, he started the process to employ Mr Vizconde to work in housekeeping and maintenance. He selected him after carrying out job interviews and on a recommendation.

I have to stay in Malta to work because I have to support my family in the Philippines

The process started with the ETC. What followed was weeks of bouncing between Mr Spiteri and the corporation that demanded further details such as recommendations.

In the meantime Mr Vizconde could not work and the company needed his services. So Mr Spiteri said he contacted the ETC and asked if they could send him some documents that would allow Mr Vizconde to start work.

After a phone conversation with an ETC official he was told he could pick up a document, thinking this was the go-ahead that Mr Vizconde could start the next day.

But about a week later, ETC officials and police turned up at the company and arrested him for working without a permit. He was taken to the police HQ for 48 hours then moved to Safi detention.

It turned out the ETC still had to send the documents to the immigration authorities for vetting. Mr Spiteri could not understand how the ETC could allow this to happen when it had all the papers in hand and knew Mr Vizconde’s history.

“We know what the technicalities are. There was a mistake. But here we’re talking about a man,” he said.