the purpose of Highly Qualified Employment Regulations, 2011

L.N. 433 of 2011

IMMIGRATION ACT

(CAP. 217)

Conditions of Entry and Residence of Third-Country Nationals for

the purpose of Highly Qualified Employment Regulations, 2011

IN exercise of the powers conferred by article 36 of the

Immigration Act, the Minister of Justice and Home Affairs has made

the following regulations

PART I

GENERAL PROVISIONS

(1)

The title of these regulations is Conditions of Entry Citation and

and Residence of Third-Country Nationals for the purpose of Highly scope.

Qualified Employment Regulations, 2011.

(2) These regulations transpose Council Directive 2009/50/EC

of the 25 th May 2009 regarding the conditions of entry and residence

of third-country nationals for the purpose of highly qualified

employment.

(3) The scope of these regulations is to determine

(a)

the conditions of entry and residence for more than

three months in the territory of the Member States of third-

country nationals for the purpose of highly qualified

employment as EU Blue Card holders, and of their family

members; and

(b)

the conditions for entry and residence of third-

country nationals and of their family members under paragraph

(a) in Member States other than the first Member State.

(Regulation 2)

Malta Tourism Authority

- Quality Assurance Directorate

Malta Financial Services Authority

Accountancy Board

Department of Civil Aviation

- Personnel Licensing Unit

Malta Communications Authority

Port Workers Board

Malta Maritime Authority

- Registrar General of Shipping and

Seamen

Authority for Transport in Malta

- Public Transport Directorate

- Licensing & Testing Directorate

Council for the Professions Complementary to Medicine

Pharmacy Council

Council for Midwives and Nurses

Medical Council

Social Work Profession Board

Malta Psychology Board

Department of Industrial and Employment Relations

Engineering Board

Masons Board

Malta Resources Authority

Bord tal-Warrant tal-Periti

Veterinary Surgeons Council

Ministry for Justice and Home Affairs

Commissioner of Police

Office of the Notary to Government

Council for the Teaching Profession

B

€1.62

For the purpose of these regulations

Definitions.

"Act" means the Immigration Act;

"Board" means the Immigration Appeals Board constituted by

article 25A of the Act;

"Director" means the Director for Citizenship and Expatriate

Affairs;

"employment licence" means the licence referred to in article

11(3) of the Act;

"EU Blue Card" means the authorisation bearing the term ‘EU

Blue Card’ as the type of permit which shall be issued in the uniform

format as laid down in Council Regulation (EC) No. 1030/2002,

entitling its holder to reside and work in the territory of Malta under

the terms of these regulations;

"family members" means third-country nationals as defined in

regulation 4(1) of the Family Reunification Regulations;

"first Member State" means the Member State which first grants

a third-country national an ‘EU Blue Card’ other than Malta

Provided that, for the purposes of regulation 17, from the

second time that an EU Blue Card holder and, where applicable, his

family members, makes use of the possibility to move to another

Member State under the terms of Part V, ‘first Member State’ shall be

understood as the Member State from where the person concerned

moves;

"gross annual salary" means the average annual gross salary

published by the National Statistics Office in the Labour Force

Survey;

"higher education qualification" means any diploma, certificate

or other evidence of formal qualifications issued by a competent

authority attesting the successful completion of a post-secondary

higher education programme, namely a set of courses provided by an

educational establishment recognised by the Malta Qualifications

Recognition Information Centre, any other centre which is a member

of the ENIC/NARIC networks and as listed by the ENIC/NARIC

networks, as a higher education institution by the State in which it is

situated

Provided that for the purposes of these regulations, a

higher education qualification shall be taken into account, on

condition that the studies needed to acquire it lasted at least three

years;

"higher professional qualifications" means qualifications

attested by evidence of higher education qualifications or, by way of

derogation, when provided for by national law, attested by at least ten

years of professional experience of a level comparable to higher

education qualifications to be recognised by the relevant national

competent authority as mentioned in the Schedule, and which is

relevant in the profession or sector specified in the work contract or

binding job offer;

"highly qualified employment" means the employment of a

person who

(a)

is protected as an employee under the Employment

and Industrial Relations Act, irrespective of the legal

relationship, for the purpose of exercising genuine and effective

work for, or under the direction of, someone else;

(b)

is paid; and

(c)

has the required adequate and specific competence,

as proven by higher professional qualifications;

"ISCO"

means

International

Standard

Classification

of

Occupations;

"professional experience" means the actual and lawful pursuit of

the profession concerned,

"regulated profession" means a regulated profession as defined

in regulation 3(1)(a) of the Recognition of Professional Qualifications S.L. 451.03

Regulations.

"third-country national" means any person who is not a citizen

of the European Union within the meaning of article 20 of the Treaty

on the Functioning of the European Union.

(1)

These regulations shall apply to third-country Applicability of

nationals who apply to be admitted to Malta for the purpose of highly these

regulations.

qualified employment under the terms of these regulations.

(2) These regulations shall not apply to third-country

nationals

(a)

who are authorized to reside in a Member State on

the basis of temporary protection or have applied for

authorization to reside on that basis and are awaiting a decision

on their status;

(b)

who are beneficiaries of international protection

under Council Directive 2004/83/EC of 29 April 2004 on

minimum standards for the qualification and status of third-

country nationals or stateless persons as refugees or as persons

who otherwise need international protection and the content of

the protection granted and the Refugees Act and subsidiary Cap. 420.

legislation made thereunder, or have applied for international

protection under that Directive and whose application has not

yet given rise to a final decision;

(c)

who are beneficiaries of protection in accordance

with national law or practice, or international obligations, or

have applied for protection in accordance with national law or

practice, or international obligations, and whose application has

not given rise to a final decision; and

(d)

who apply to reside in a Member State as

researchers, within the meaning of Directive 2005/71/EC, in

order to carry out a research project and who apply to reside in

Malta as researchers, within the meaning of Third-Country

Nationals for Scientific Research Purposes (Specific

Admittance Procedure) Regulations;

(e)

who are family members of Union citizens who

have exercised, or are exercising, their right to free movement

within the Community in conformity with Directive 2004/38/

EC of the European Parliament and of the Council of 29 April

2004 on the right of citizens of the Union and their family

members to move and reside freely within the territory of the

Member States or have exercised their right of free movement in

Malta in accordance with the Free Movement of European

Union Nationals and their Family Members Order;

(f)

who enjoy EC long-term resident status in a

Member State in accordance with Directive 2003/109/EC and

the provisions of the Status of Long-term Residents (Third-

Country Nationals) (Amendment) Regulations and exercise

their right to reside in Malta in order to carry out an economic

activity in an employed or self-employed capacity;

(g)

who enter a Member State under commitments

contained in an international agreement facilitating the entry

and temporary stay of certain categories of trade and

investment-related natural persons;

(h)

who have been admitted to the territory of a

Member State as seasonal workers;

(i)

whose expulsion has been suspended for reasons of

fact or law; and

(j)

who are covered by Posting of Workers in Malta

Regulations as long as they are posted in Malta.

(3) These regulations shall not apply to third-country nationals

and their family members, whatever their nationality, who, under

agreements between the Community and the Member States and those

third countries, enjoy rights of free movement equivalent to those of

Union citizens.

(4) These regulations shall be without prejudice to any

agreement with one or more third countries that lists the professions

which should not fall under these regulations in order to assure ethical

recruitment, in sectors suffering from a lack of personnel, by

protecting human resources in the developing countries which are

signatories to these agreements.

PART II

CONDITIONS OF ADMISSION

A third-country national shall submit an application for an Criteria for

admission.

EU Blue card, endorsed by his employer, to the Director and shall

(a)

present a contract of employment or a statement

containing the conditions of employment in terms of the

Employment and Industrial Relations Act and regulations issued Cap. 452.

thereunder, for a minimum period of one year in Malta which

contract of employment or statement shall show that the gross

annual salary, resulting from the monthly or annual salary

specified in the employment contract or statement, shall not be

inferior to a relevant salary threshold defined and published for

that purpose by Malta, which shall be at least 1.5 times the

average gross annual salary in Malta

Provided that, where the Minister responsible for

employment, from time to time, determines a particular need of

third-country national workers and which belong to the major

groups 1 and 2 of ISCO, the salary threshold may be at least 1.2

times the average gross annual salary in Malta. In this case, the

Minister responsible for employment shall communicate each

year to the Commission the list of the professions for which a

derogation has been decided;

(b)

present a document attesting fulfilment of the

conditions set out for the exercise by Union citizens of the

regulated profession specified in the contract of employment or

statement containing the conditions of employment;

(c)

for unregulated professions, present the documents

attesting the relevant higher professional qualifications in the

occupation or sector specified in the contract of employment or

statement containing the conditions of employment;

(d)

present a valid travel document, an application for

a visa or a visa, if required, and evidence of a valid residence

permit or of a national long-term visa, if appropriate. The

Director may require the period of validity of the travel

document to cover at least the initial duration of the residence

permit;

(e)

present evidence of having or, having applied for a

sickness insurance for all the risks for periods where no such

insurance coverage and corresponding entitlement to benefits

are provided in connection with, or resulting from, the work

contract;

(f)

present his address in Malta, where available; and

(g)

not be considered to pose a threat to public policy,

public security or public health.

These regulations shall not affect the right of the Minister

responsible for employment to determine the volume of admission of

third-country nationals entering Malta, for the purposes of highly

qualified employment, in line with Malta’s labour market

requirements.

PART III

EU BLUE CARD, PROCEDURE AND TRANSPARENCY

(1)

A third-country national who has applied and

fulfils the requirements set out in regulation 4, and for whom the

competent authorities have taken a positive decision in accordance

with regulation 7, shall be issued with an EU Blue Card and, where

applicable, the pertinent authorities grant the third-country national

every facility to obtain the requisite visas.

(2) The EU Blue Card shall be valid for a period of, at least,

one year

Provided that in the case of a renewal of an EU Blue Card

for the duration of the remaining period of the work contract, where

this is less than a year, it shall be renewed for the said remaining

period with an additional validity of three months.

(3) The Director shall issue the third-country national an EU

Blue Card indicating thereon the conditions for access to the labour

market.

(4) During the period of its validity, the EU Blue Card shall

entitle its holder to

(a)

enter, re-enter and stay in the territory of the

Member State issuing the EU Blue Card; and

(b)

the rights recognised in these regulations.

(1)

The Director shall reject an application for an EU Grounds for

Blue Card whenever the applicant does not meet the conditions set refusal.

out in regulation 4 or whenever the documents presented have been

fraudulently acquired, or falsified or tampered with.

(2) The Minister responsible for employment shall examine

the situation of the labour market, apply national procedures

regarding the requirements for filling a vacancy and the provisions of

article 11 of the Act, and the Director, before taking the decision on

an application for an EU Blue Card, and when considering renewals

or authorisations pursuant to regulations 11(1) and (2), during the first

two years of legal employment as an EU Blue Card holder, shall base

his decision thereon.

(3) The Minister responsible for employment may verify

whether the vacancy concerned may be filled by

(a)

a Maltese national, or

(b)

citizens of other Member States of the European

Union who are entitled to equal treatment to Maltese citizens in

matters of employment by virtue of EU legislation and Treaty

provisions dealing with the free movement of workers; or

(c)

a third-country national lawfully resident in Malta

and already forming part of its labour market by virtue of EU or

Maltese law; or

(d)

by an EC long-term resident wishing to move to

Malta for highly qualified employment in accordance with the

provisions of Part III of the Status of Long-term Residents L.S. 217.05.

(Third Country Nationals) Regulations.

(4) An application for an EU Blue Card may also be

considered as inadmissible on the grounds of regulation 5.

(5) The Director may reject an application for an EU Blue

Card in order to ensure ethical recruitment in sectors suffering from a

lack of qualified workers in the countries of origin.

(6) The Director may reject an application for an EU Blue

Card if the employer has been sanctioned for undeclared work and, or

illegal employment in accordance with these regulations.

(1)

The Director shall withdraw or refuse to renew an Withdrawal or

EU Blue Card issued on the basis of these regulations in the following non-renewal

the EU Blue

Card.

cases

(a)

when it has been fraudulently acquired, or has been

falsified or tampered with; or

(b)

wherever it appears that the holder did not meet or

no longer meets the conditions for entry and residence laid

down in these regulations or is residing for purposes other than

that for which the holder was authorised to reside; or

(c)

when the holder has not respected the limitations

set out in regulations 11(1) and (2) and 12

Provided that the lack of communication pursuant to

regulations 11(3) and 12(4) shall not be considered to be a sufficient

reason for withdrawing or not renewing the EU Blue Card if the

holder can prove that the communication did not reach the competent

authorities for a reason independent of the holder's will.

(2) The Director may withdraw or refuse to renew an EU Blue

Card issued on the basis of these regulations in the following cases

(a)

for reasons of public policy, public security or

public health; or

(b)

wherever the EU Blue Card holder does not have

sufficient resources to maintain himself and the members of his

family, without having recourse to Malta’s social assistance

system. The Director shall evaluate these resources by reference

to their nature and regularity and may take into account the level

of average national wages and pensions as well as the number of

family members of the person concerned. Such evaluation shall

not take place during the period of unemployment referred to in

regulation 12; or

(c)

if the person concerned has not communicated his

address; or

(d)

when the EU Blue Card holder applies for social

assistance, provided that the appropriate written information has

been provided to him in advance by the competent authorities.

(1)

The application shall be considered and examined

either when the third-country national concerned is residing outside

Malta or when he is already residing in Malta as holder of a valid

residence permit or national long-stay visa.

(2) The third-country national may submit an application

when he is not in possession of a valid residence permit but is legally

present in Malta.

(1)

The Director shall adopt a decision on the complete Procedural

application for an EU Blue Card and notify the applicant in writing, safeguards.

of the decision, as soon as possible and, in any event, not later than

ninety days from when the application was lodged

Provided that, in the event that the Director fails to give a

decision within the period specified, the application shall

automatically be passed on for appeal to the Board.

(2) Where the information or documents supplied in support of

the application are inadequate, the Director shall notify the applicants

of the additional information that is required and set a reasonable

deadline for providing it. The period referred to in sub-regulation (1)

shall be suspended until the Director has received the additional

information or documents required. If additional information or

documents have not been provided within the deadline, the

application may be rejected.

(3) (a)

Any decision rejecting an application for an EU

Blue Card, a decision not to renew or to withdraw an EU Blue Card,

shall be notified in writing to the applicant.

(b)

When notifying the applicant of his decision, the

Director shall specify reasons for rejecting the application for an EU

Blue Card or withdrawing an EU Blue Card and shall inform him

about the reasons for the decision, the possible redress procedures

available and the time limit for taking action.

PART IV

RIGHTS

(1)

For the first two years of legal employment in Labour market

Malta as an EU Blue Card holder, access to the labour market for the access.

person concerned shall be restricted to the exercise of paid

employment activities which meet the conditions for admission set

out in regulation 4.

(2) For the first two years of legal employment in Malta as an

EU Blue Card holder changes in employer and modifications that

affect the conditions for admission shall be subject to the prior

authorisation, by means of an employment licence, in accordance

with the relevant provisions of regulation 7 and within the time limits

set out in regulation 10(1).

(3) Without prejudice to any other obligations as may be

established by any other law, after the first two year period referred to

in sub-regulations (1) and (2), the EU Blue Card holder shall submit

an application to the Director to communicate changes that affect the

conditions of regulation 4.

(4) Access to employment for the EU Blue Card holder shall

be restricted in cases where

(a)

such employment activities which entail occasional

involvement in the exercise of public authority and the

responsibility for safeguarding the general interest of Malta and

where, in accordance with existing national or Community law,

these activities are reserved to nationals;

(b)

employment activities in cases where, in

accordance with existing national or Community law, these

activities are reserved to nationals, Union citizens or EEA

citizens.

(5) Access to the labour market shall be without prejudice to

the principle of Community preference as expressed in the relevant

provisions of the Acts of Accession of 2003 and 2005, in particular

with respect to the rights of nationals of the Member States to access

the labour market.

(1)

Unemployment in itself shall not constitute a

reason for withdrawing an EU Blue Card, unless the period of

unemployment exceeds three consecutive months, or if it occurs more

than once during the period of validity of an EU Blue Card.

(2) During the period referred to in sub-regulation (1), the EU

Blue Card holder shall be allowed to seek and take up employment

under the conditions set out in regulation 11.

(3) The EU Blue Card holder shall be entitled to remain in

Malta until the necessary authorisation pursuant to regulation 11(2)

has been granted or denied. The date of authorisation and

communication referred to in regulations 11(2) and (3) shall

automatically end the period of unemployment.

(4) The EU Blue Card holder shall communicate the beginning

of the period of unemployment to the Director, after having complied

with the procedures as set out in the Manpower Records

(Commencement or Termination of Employment) Regulations.

Without prejudice to the right of the Director to withdraw

or refuse to renew the EU Blue Card in accordance with the

provisions of regulation 8, EU Blue Card holders shall enjoy equal

treatment as Maltese nationals, which shall be as regards

(a)

working conditions, including pay and dismissal,

as well as health and safety requirements at the workplace;

(b)

freedom of association and affiliation and

membership of an organisation representing workers or

employers or of any organisation whose members are engaged

in a specific occupation, including the benefits conferred by

such organisations, without prejudice to the national provisions

on public policy and public security;

(c)

education and vocational training

Provided that such equal treatment shall not include study

and maintenance grants and loans or other grants and loans regarding

secondary and higher education and vocational training

Provided further that

(i) access to university and post-secondary

education may be subject to specific prerequisites in

accordance with the Education Act;

(ii) the Member State concerned may restrict

equal treatment to cases where the registered or usual place

of residence of the EU Blue Card holder, or that of the

family member for whom benefits are claimed, lies within

Malta.

(iii) recognition of diplomas, certificates and other

professional qualifications in accordance with the relevant

national procedures;

(d)

provisions in national law regarding the branches

of social security as defined in Regulation (EEC) No. 1408/71.

The special provisions in the Annex to Regulation (EC) No.

859/2003 shall apply accordingly;

(e)

without prejudice to existing bilateral agreements,

payment of income-related acquired statutory pensions in

respect of old age, at the rate applied by virtue of the law of the

debtor Member State(s) when moving to a third country;

(f)

access to goods and services and the supply of

goods and services made available to the public as well as

information and counselling services afforded by employment

offices

Provided that such access to goods and services

shall not include procedures for obtaining housing

Provided further that this paragraph shall be

without prejudice to the freedom of contract in accordance with

Community and national law;

(g)

free access to the entire territory of the Member

State concerned, within the limits provided for by national law.

(1)

The provisions of the Family Reunification

Regulations shall apply

Provided that the provisions of regulations 5(2) and 13 of

the Family Reunification Regulations, family reunification shall not

be made dependent on the requirement of the EU Blue Card holder

having reasonable prospects of obtaining the right of permanent

residence and having a minimum period of residence.

(2) Notwithstanding the provisions of Part III and Part IV of

the Family Reunification Regulations, the integration conditions and

measures referred to therein may only be applied after the persons

concerned have been granted family reunification.

(3) Notwithstanding the provisions of regulation 9 of the Family

Reunification Regulations, residence permits for family members

shall be granted, where the conditions for family reunification are

fulfilled, at the latest within six months from the date on which the

application was lodged.

(4) Notwithstanding the provisions of regulation 14(2) of the

Family Reunification Regulations, the duration of validity of the

residence permits of family members shall be the same as that of the

residence permits issued to the EU Blue Card holder insofar as the

period of validity of their travel documents allow it.

(5) Notwithstanding the provisions of regulation 15(b) of the

Family Reunification Regulations, no time limit in respect of access

to the labour market shall apply.

(1)

The provisions of the Long-Term Residents (Third-

Country Nationals) Regulations shall apply.

(2) A third-country national who has been issued with an EU

Blue Card by one or more Member States and, having made use of the

possibility provided for in regulation 17, is allowed to cumulate

periods of residence in different Member States in order to fulfil the

requirement concerning the duration of residence provided for in

regulation 4(1) of the Status of Long-term Residents (Third-Country

Nationals) Regulations, if the following conditions are met

(a)

five years of legal and continuous residence within

the territory of the European Union as an EU Blue Card holder;

and

(b)

immediately prior to the submission of the relevant

application, the third-country national has resided legally and

continuously in Malta for two years as an EU Blue Card holder.

(3) For the purposes of these regulations only, and without

prejudice to the provisions of regulation 4(3) of Status of Long-term S.L. 217.05.

Residents (Third-Country Nationals) Regulations, for the purpose of

calculating the period of legal and continuous residence in the

Community, periods of absence from the territory of the European

Union shall not interrupt the period referred to in sub-regulation

(2)(a) if they are shorter than twelve consecutive months and do not

exceed in total eighteen months within the period referred to in sub-

regulation (2)(a) when such absence is due to

(a)

the exercise of an economic activity in an

employed or self-employed capacity; or

(b)

the performance of a voluntary service; or

(c)

study purposes in the country of origin of the third-

country national.

(4) Notwithstanding the provisions of regulation 9(1)(c) of the

Status of Long-term Residents (Third-Country Nationals) S.L. 217.05.

Regulations, a third-country national who has been granted a

residence permit under regulation 16, shall lose his long-term

residence permit status if he is absent from the territory of the Union

for a period of twenty-four consecutive months.

(5) The provisions of sub-regulation (4) shall apply to the

family members who have been granted long-term residence of the

third-country national.

(6) Regulations 13(e) and 14 shall continue to apply to holders

of a long-term residence permit with the remark referred to in

regulation 16, where applicable, after the EU Blue Card holder has

become an EC long-term resident.

The Director shall issue a residence permit, in accordance Long-term

with regulation 9 of the Status of Long-term Residents (Third- residence

permit.

Country Nationals) Regulations to the EU Blue Card holder who S.L. 217.05.

fulfils the conditions of regulation 15

Provided that under the heading ‘remarks’, the phrase

‘Former EU Blue Card holder’ shall be entered.

PART V

MOBILITY OF EU BLUE CARD HOLDERS

(1)

Subject to the provisions of regulations 4 and 5, a

third-country national who has been granted an EU Blue Card in the

first Member State may apply for admission to Malta in accordance

with these regulations, if he has been in the first Member State for at

least eighteen months prior to the date of application

Provided that as soon as possible and no later than one

month after entering Malta, the EU Blue Card holder shall present an

application for an EU Blue Card, endorsed by his employer, to the

Director and present all the documents proving the fulfilment of the

conditions set out in regulation 4

Provided further that the applicant shall be prohibited to

work pending a positive decision on his application

Provided finally that when the EU Blue Card holder moves

to Malta in accordance with this regulation and a positive decision on

the issuing of an EU Blue Card has not yet been taken, equal

treatment shall be limited in the areas listed in regulation 13, with the

exception of regulation 13(b) and (c).

(2) The Director may also accept an application while the EU

Blue Card holder is still residing in the territory of the first Member

State.

(3) In accordance with the procedures set out in regulation 10,

the Director shall process the application and inform in writing the

applicant and the first Member State of its decision to

(a)

issue an EU Blue Card and allow the applicant to

reside on its territory for highly qualified employment where the

conditions set in this regulation are fulfilled and under the

conditions set out in regulations 6 to 13; or

(b)

refuse to issue an EU Blue Card and oblige the

applicant and his family members, in accordance with the

provisions of the Act and legislation made thereunder, to leave

Malta where the conditions set out in this regulation are not

fulfilled.

(4) If the EU Blue Card issued by the first Member State

expires during the procedure, the Director or other responsible

authorities may issue temporary residence permits or equivalent

authorisations, allowing the applicant to continue to stay legally in

Malta until a decision on the application has been taken.

(5) The EU Blue Card holder and his employer may be held

responsible for the costs related to the return and readmission of the

said Blue Card holder and his family members, including costs

incurred by public funds, where applicable, pursuant to regulation

3(b).

(1)

When the EU Blue Card holder moves to Malta in Residence in the

accordance with regulation 17 and when the family was already Second

State for family

constituted in the first Member State, the members of his family shall members.

be authorised to accompany or join him in Malta.

(2) No later than one month after entering Malta, the family

members shall submit an application for a residence permit as a

family member, to the Director

Provided that where the residence permit of the family

members issued by the first Member State expires during the

procedure or no longer entitles the holder to reside legally in Malta,

the Director shall allow the person to stay in Malta, if necessary by

issuing temporary residence permits, or equivalent authorisations,

allowing the applicant to continue to stay legally in Malta with the

EU Blue Card holder until a decision on the application has been

taken.

(3) The Director shall require the family members concerned

to present with their application for a residence permit

(a)

their residence permit in the first Member State and

a valid travel document, or their certified copies, as well as a

visa, if required;

(b)

evidence that they have resided as members of the

family of the EU Blue Card holder in the first Member State;

(c)

evidence that they have a sickness insurance

covering all risks in Malta, or that the EU Blue Card holder has

such insurance for them.

(4) The Director shall require the EU Blue Card holder to

provide evidence that he has

(a)

accommodation regarded as normal for a

comparable family in Malta and which meets the general health

and safety standards in Malta;

(b)

stable and regular resources which are sufficient to

maintain himself and the members of his family, without

recourse to the social assistance system in Malta and which

would be equivalent to, at least, the average wage in Malta with

an addition of another twenty percent income or resources for

each member of the family.

(5) Derogations contained in regulation 14 shall continue to

apply mutatis mutandis.

(6) Where the family was not already constituted in the first

Member State, regulation 14 shall apply.

(1)

The Principal Immigration Officer shall

immediately readmit a third-country national holding an EU Blue

Card issued by Malta, and his family, without formalities, if such EU

Blue Card holder, after having been refused the issue of an EU Blue

Card by another Member State, was obliged to return to Malta.

(2) The provisions of sub-regulation (1) shall also apply if the

EU Blue Card issued by Malta has expired or has been withdrawn,

during the examination of the application by the second Member

State.

(3) Upon readmission, the provisions of regulation 12 shall

apply.