Regulations, 2017

L.N. 33 of 2017

IMMIGRATION ACT

(CAP. 217)

Conditions of Entry and Residence of Third Country Nationals

in the Framework of an Intra-Corporate Transfer

Regulations, 2017

IN EXERCISE of the powers conferred by article 36 of the

Immigration Act, the Minister for Home Affairs and National

Security has made the following regulations:-

PART I

General Provisions

(1) The title of these regulations is the Conditions of Citation and

Entry and Residence of Third-Country Nationals in the Framework of scope.

an Intra-Corporate Transfer Regulations, 2017.

(2) These regulations transpose Council Directive 2014/66/EU

of the 15th May 2014 on the conditions of entry and residence of

third-country nationals in the framework of an intra-corporate

transfer.

(3) The scope of these regulations is to determine

(a)

the conditions of entry to, and residence for more

than ninety days in Malta and the rights of third-country

nationals and of their family members in the framework of an

intra-corporate transfer; and

(b) the conditions of entry and residence, and the rights

of third-country nationals, referred to in sub-regulation (1),

when Malta is not the Member State which first grants the third-

country national an intra-corporate transferee permit on the

basis of these regulations.

For the purposes of these regulations

Interpretation.

"Act" means the Immigration Act;

"Board" means the Immigration Appeals Board constituted by

article 25A of the Act;

"Executive Chairperson" means the Executive Chairperson of

Identity Malta Agency, established under the Identity Malta Agency

(Establishment) Order, or any senior official thereof so delegated;

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

regulation 4(1) of the Family Reunification Regulations;

"group of undertakings" means two or more undertakings

recognised as linked in the following ways where an undertaking, in

relation to another undertaking, directly or indirectly

(a)

holds a majority of that undertaking’s subscribed

capital;

(b) controls a majority of the votes attached to that

undertaking’s issued share capital;

(c)

is entitled to appoint more than half of the members

of that undertaking’s administrative, management or

supervisory body; or

(d) the undertakings are managed on a unified basis by

the parent undertaking;

"host entity" means the entity to which the intra-corporate

transferee is transferred, regardless of its legal form, established, in

accordance with national law, in Malta;

"intra-corporate transfer" means the temporary secondment for

occupational or training purposes of a third-country national who, at

the time of application for an intra-corporate transferee permit,

resides outside Member States, from an undertaking established

outside the Member State, and to which the third-country national is

bound by a contract of employment prior to and during the transfer, to

an entity belonging to the undertaking or to the same group of

undertakings which is established in Malta, and, where applicable, the

mobility between host entities established in other Member States;

"intra-corporate transferee" means any third-country national

who resides outside the territory of the Member States at the time of

application for an intra-corporate transferee permit and who is subject

to an intra-corporate transfer;

"intra-corporate transferee permit" means an authorisation

bearing the acronym ‘ICT’ entitling its holder to reside and work in

Malta and, where applicable, in another Member State, under the

terms of these regulations;

"manager" means a person holding a senior position, who

primarily directs the management of the host entity, receiving general

supervision or guidance principally from the board of directors or

shareholders of the business or equivalent, and that position shall

include

(a)

directing the host entity or a department or

subdivision of the host entity;

(b) supervising and controlling work of the other

supervisory, professional or managerial employees;

(c)

having the authority to

recommend

hiring,

dismissing or other personnel action;

"Member State" means any of the Member States of the

European Union which apply the provisions of Directive 2014/66/

EU;

"other Member State" means the Member State which first

grants a third-country national an intra-corporate transferee permit

other than Malta;

"permit for long-term mobility" means an authorisation bearing

the term "mobile ICT" entitling the holder of an intra-corporate

transferee permit to reside and work in the territory of Malta under

the terms of these regulations;

"regulated profession" means a regulated profession as defined

in regulation 4(1)(a) of the Recognition of Professional Qualifications S.L. 451.03

Regulations;

"single application procedure" means the procedure leading, on

the basis of one application for the authorisation for residence and

work of a third-country national in the territory of Malta, to a decision

on that application;

"specialist" means a person working within the group of

undertakings possessing specialised knowledge essential to the host

entity’s areas of activity, techniques or management. In assessing

such knowledge, account shall be taken not only of knowledge

specific to the host entity, but also of whether the person has a high

level of qualification including adequate professional experience

referring to a type of work or activity requiring specific technical

knowledge, including possible membership of an accredited

profession;

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

of the European Union within the meaning of Article 20(1) of the

Treaty on the Functioning of the European Union;

"trainee employee" means a person with a university degree

who is transferred to a host entity for career development purposes or

in order to obtain training in business techniques or methods, and is

paid during the transfer.

(1) These regulations shall apply to third-country

nationals who reside outside the territory of the Member States at the

time of application and apply to be admitted under these regulations,

or who have been admitted to the territory of another Member State

under the terms of Directive 2014/66/EU and, where applicable,

under the terms of these regulations, in the framework of an intra-

corporate transfer as managers, specialists or trainee employees.

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

who

(a)

apply to reside in Malta as researchers, within the

meaning of Third-Country Nationals for Scientific Research

Purposes (Specific Admittance Procedure) Regulations, in order

to carry out a research project;

(b) under agreements between the Union and its

Member States and third countries, enjoy rights of free

movement equivalent to those of Union citizens or are

employed by an undertaking established in those third

countries;

(c)

are posted in accordance with the Posting of

Workers in Malta Regulations) and where applicable, Directive

96/71/EC;

(d)

carry out activities as self-employed workers;

(e)

are assigned by employment agencies, temporary

work agencies or any other undertakings engaged in making

available labour to work under the supervision and direction of

another undertaking;

(f)

are admitted as full-time students or who are

undergoing a short-term supervised practical training as part of

their studies.

(3) These regulations shall be without prejudice to the right of

the Executive Chairperson to issue residence permits, other than the

intra-corporate transferee permit covered by these regulations, for any

purpose of employment for third-country nationals who fall outside

the scope of these regulations.

PART II

Conditions of Admission

(1) A third-country national shall submit to the Conditions of

Executive Chairperson an application for an intra-corporate transferee admission.

permit, endorsed by the host entity and shall

(a)

provide evidence that the host entity and the

undertaking established in a third country belong to the same

undertaking or group of undertakings;

(b) provide evidence of employment within the same

undertaking or group of undertakings, from at least three up to

twelve uninterrupted months immediately preceding the date of

the intra-corporate transfer in the case of managers and

specialists, and from at least three up to six uninterrupted

months in the case of trainee employees;

(c)

present a contract of employment, and, if necessary,

an assignment letter from the employer containing the

following

(i) details of the duration of the transfer and the

location of the host entity or entities;

(ii) evidence that the third-country national is

taking a position as a manager, specialist or trainee

employee in the host entity or entities in Malta;

(iii) the remuneration as well as other terms and

conditions of employment granted during the intra-

corporate transfer;

(iv) evidence that the third-country national will

be able to transfer back to an entity belonging to that

undertaking or group of undertakings established in a third

country at the end of the intra-corporate transfer;

(d) provide evidence that the third-country national has

the professional qualifications and experience needed in the

host entity to which he is to be transferred as manager or

specialist or, in the case of a trainee employee, the university

degree required;

(e)

where applicable, present documentation certifying

that the third-country national fulfils the conditions laid down

under the Recognition of Professional Qualification Regulations

to exercise the regulated profession to which the application

relates;

(f)

present a valid travel document and an application

for a visa or a visa, if required, whereby the Executive

Chairperson may require the period of validity of the travel

document to cover at least the period of validity of the intra-

corporate transferee permit;

(g) provide evidence of having, or of having applied for,

a sickness insurance for all the risks normally covered for

Maltese nationals concerned for periods where no such

insurance coverage and corresponding entitlements to benefits

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

of employment;

(h) present an address in Malta at the time when the

intra-corporate transfer permit is issued.

(2) The applicant shall present the documents listed in sub-

regulation (1)(a), (c), (d), (e) and (g) in either Maltese or English.

(3) The Executive Chairperson shall require that

(a)

the terms and conditions of employment applicable

to the intra-corporate transferee during the intra-corporate

transfer, other than remuneration, shall be those which are given

to posted employees in Malta in terms of the Posting of Workers

in Malta Regulations;

(b) the remuneration granted to the third-country

national during the entire intra-corporate transfer shall not be

less favourable than the remuneration granted to a national of

Malta where the work is carried out occupying comparable

positions in accordance with the applicable law or collective

agreements.

(4) On the basis of the documentation provided pursuant to

sub-regulation (1), the Executive Chairperson shall require that the

intra-corporate transferee will have sufficient resources during his or

her stay to maintain himself or herself and his or her family members

without having recourse to Malta’s social assistance system.

(5) In addition to the evidence required under sub-regulation

(1), any third-country national who applies to be admitted as a trainee

employee shall be required to present a training agreement relating to

the preparation for his or her future position within the undertaking or

group of undertakings, including a description of the training

programme, which demonstrates that the purpose of the stay is to

train the trainee employee for career development purposes or in

order to obtain training in business techniques or methods, its

duration and the conditions under which the trainee employee is

supervised during the programme.

(6) Any modification during the application procedure that

affects the criteria for admission set out in this regulation shall be

notified by the applicant to the Executive Chairperson.

(7) The Executive Chairperson shall not admit the third-

country national if he is considered to pose a threat to public policy,

public security or public health.

These regulations shall not affect the right, as provided for Volumes of

in Article 79(5) of the Treaty of the Functioning of the European admission.

Union, of the Minister responsible for employment to determine the

volumes of admission of third-country nationals entering Malta and

on that basis, an application for an intra-corporate transferee permit

may either be considered inadmissible or be refused.

(1) The Executive Chairperson shall refuse an Grounds for

application for an intra-corporate transferee permit in any of the refusal.

following cases

(a)

where regulation 4 is not complied with;

(b) where the documents presented were fraudulently

acquired, or falsified, or tampered with;

(c)

where the host entity was established for the main

purpose of facilitating the entry of intra-corporate transferees;

(d) where the maximum duration of stay as defined in

regulation 10(1) has been reached.

(2) The Executive Chairperson shall, if appropriate, refuse an

application where the employer or the host entity has been sanctioned

in accordance with national law.

(3) The Executive Chairperson may refuse an application for

an intra-corporate transferee permit in any of the following cases

(a)

where the employer or the host entity has failed to

meet its legal obligations regarding social security, taxation,

employment rights or working conditions;

(b) where the employer’s or the host entity’s business is

being or has been wound up under the Companies Act or if no

economic activity is taking place;

(c)

where the intent or effect of the temporary presence

of the intra-corporate transferee is to interfere with, or otherwise

affect the outcome of, any labour management dispute or

negotiation.

(4) The Executive Chairperson may refuse an application for

an intra-corporate transferee permit on the grounds set out in

regulation 10(2).

(5) Notwithstanding the provisions of sub-regulation (1), any

decision to refuse an application shall take account of the specific

circumstances of the case and respect the principle of proportionality.

(1) The Executive Chairperson shall withdraw an intra-

corporate transferee permit in any of the following cases

(a)

where it was fraudulently acquired, or has been

falsified or tampered with; or

(b) where the intra-corporate transferee is residing in

Malta for purposes other than those for which he or she was

authorised to reside;

(c)

where the host entity was established for the main

purpose of facilitating the entry of intra-corporate transferees.

(2) The Executive Chairperson shall, if appropriate, withdraw

an intra-corporate transferee permit where the employer or the host

entity has been sanctioned in accordance with national law.

(3) The Executive Chairperson shall refuse to renew an intra-

corporate transferee permit in any of the following cases

(a)

where it was fraudulently acquired, or falsified, or

tampered with;

(b) where the intra-corporate transferee is residing in

Malta for purposes other than those for which he was authorised

to reside;

(c)

where the host entity was established for the main

purpose of facilitating the entry of intra-corporate transferees;

(d) where the maximum duration of stay as defined in

regulation 10(1) has been reached.

(4) The Executive Chairperson shall, if appropriate, refuse to

renew an intra-corporate transferee permit where the employer or the

host entity has been sanctioned in accordance with national law.

(5) The Executive Chairperson may withdraw or refuse to

renew an intra-corporate transferee permit in any of the following

cases

(a)

where regulation 4 is not or is no longer complied

with;

(b) where the employer or the host entity has failed to

meet its legal obligations regarding social security, taxation,

employment rights or working conditions;

(c)

where the employer’s or the host entity’s business is

being or has been wound up under the Companies Act or if no Cap. 386.

economic activity is taking place;

(d) where the intra-corporate transferee has not

complied with the mobility rules set out in regulations 18 and

(6) Without prejudice to the provisions of sub-regulations (1)

and (3), in any decision to withdraw or to refuse an intra-corporate

transferee permit, the Executive Chairperson shall take account of the

specific circumstances of the case and respect the principle of

proportionality.

PART III

Procedure and Permit

8.(1) (a) The Executive Chairperson shall make easily Access to

accessible to applicants the information on all the documentary information.

evidence needed for an application and information on entry and

residence, including the rights, obligations and procedural safeguards,

of the intra-corporate transferee and of his or her family members.

(b) The Executive Chairperson shall also make easily

available information on the procedures applicable to the short-term

mobility referred to in regulation 18(2) and to the long-term mobility

referred to in regulation 19(1).

(2) The

Executive

Chairperson

shall

make

available

information to the host entity on the right of the Maltese authorities to

impose sanctions in accordance with regulation 21.

9. (1) The application for an intra-corporate transferee

permit shall be submitted to the Executive Chairperson when the

third-country is residing outside Malta.

(2) The application for an intra-corporate transferee permit

shall be submitted to the Executive Chairperson where the first stay

shall take place or if the stay in Malta is the longest overall stay

during the transfer.

(3) The applicant shall be entitled to submit an application in a

single application procedure.

10. (1) The maximum duration of the intra-corporate

transfer shall be three years for managers and specialists and one year

for trainee employees after which they shall leave Malta unless they

obtain a residence permit on another basis in accordance with Union

law, the Act and any other national law.

(2) The Executive Chairperson may require a period of up to

six months to elapse between the end of the maximum duration of a

transfer referred to in sub-regulation (1) and another application

concerning the same third-country national for the purposes of these

regulations.

11. (1) Intra-corporate transferees who fulfil the conditions

of admission set out in regulation 4 and for whom the Executive

Chairperson has taken a positive decision and following the

notification to the Executive Chairperson of the issue of an

employment licence by the pertinent authorities responsible for the

issue of such licences, shall be issued with an intra-corporate

transferee permit, which shall be deemed to constitute an employment

licence issued under article 11(3) of the Act, and the intra-corporate

transferee shall not be issued with any other work permits of any

kind.

(2) The period of validity of the intra-corporate transferee

permit shall be at least one year or the duration of the transfer to

Malta, whichever is shorter, and may be extended to a maximum of

three years for managers and specialists and one year for trainee

employees.

(3) The intra-corporate transferee permit shall be issued by the

Executive Chairperson using the uniform format laid down in

Regulation (EC) No. 1030/2002.

(4) Under the heading ‘type of permit’, in accordance with

point (a) 6.4 of the Annex to Regulation (EC) No. 1030/2002, the

Executive Chairperson shall enter ‘ICT’.

(5) The Executive Chairperson may indicate additional

information relating to the employment activity during the intra-

corporate transfer of the third-country national in paper format, and,

or store such data in electronic format as referred to in Article 4 of

Regulation (EC) No. 1030/2002 and point (a) 16 of the Annex

thereto.

(6) Third country nationals whose application for admission

has been accepted shall be granted by the pertinent authorities every

facility to obtain the requisite visa.

12. The Executive Chairperson shall be notified by the Modifications

applicant of any modification happening during the stay which affects affecting

conditions for

the conditions for admission set out in regulation 4.

admission

during the stay.

13. (1) The Executive Chairperson shall adopt a decision on Procedural

the application for an intra-corporate transferee permit or a renewal of safeguards.

it and notify the decision to the applicant in writing, as soon as

possible and, in any event, not later than ninety days from the date on

which the complete application was submitted.

(2) Where the information or documentation supplied in

support of the application is incomplete, the Executive Chairperson

shall notify the applicant within a reasonable period 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 Executive Chairperson has received the additional

information required.

(3) Reasons for a decision declaring inadmissible or refusing

an application or refusing renewal shall be given to the applicant in

writing. Reasons for a decision withdrawing an intra-corporate

transferee permit shall be given in writing to the intra-corporate

transferee and to the host entity.

(4) Where the Executive Chairperson has declared

inadmissible or refused an application, or refused renewal or

withdrew an intra-corporate transferee permit, the third country

national shall have the right to appeal to the Board within the time-

limits listed in the Act.

(5) Within the period referred to in regulation 10(1), an

applicant shall be allowed to submit an application for renewal before

the expiry of the intra-corporate transferee permit. The Executive

Chairperson may set a maximum deadline of ninety days prior to the

expiry of the intra-corporate transferee permit for submitting an

application for renewal.

(6) Where the validity of the intra-corporate transferee permit

expires during the procedure for renewal, the Executive Chairperson

shall issue a temporary residence authorisation to stay in Malta until a

decision has been taken on the application.

PART IV

Rights

14. During the period of validity of an intra-corporate

transferee permit, the holder of an intra-corporate transferee permit,

and as provided for in regulation 17, shall enjoy the following rights

(a)

the right to enter and stay in Malta;

(b) free access to the entire territory of Malta in

accordance with national law;

(c)

the right to exercise the specific employment

activity authorised under the permit in accordance with national

law, in any host entity belonging to the undertaking or the group

of undertakings established in Malta.

15. (1) Without prejudice to the provisions of regulation

4(3)(b), intra-corporate transferees admitted under these regulations

shall enjoy equal treatment with regard to the terms and conditions of

employment in accordance with the Posting of Workers in Malta

Regulations.

(2) Intra-corporate transferees shall be entitled to receive

equality of treatment as the comparable nationals of Malta where the

work is carried out as regards

(a)

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 rights and benefits

conferred by such organisations, without prejudice to the

national provisions on public policy and public security;

(b) recognition of diplomas, certificates and other

professional qualifications in accordance with the Recognition

of Professional Qualifications Regulations;

(c)

provisions in national law regarding the branches of

social security as defined in Article 3 of Regulation (EC) No.

883/2004

Provided that family benefits payable under the

provisions of the Social Security Act shall not apply to intra- Cap. 318.

corporate transferees who have been authorised to reside and

work in Malta for a period not exceeding nine months

Provided further that equal treatment shall apply

only to intra-corporate transferees who are not covered by the

legislation of the country of origin by virtue of a bilateral

agreement

Provided further that the application of this

regulation shall be without prejudice to more favourable

provisions in bilateral agreements concluded between the

Government of Malta and one or more third countries

Provided further that in the case of intra-corporate

transferees who are in a situation which is not confined in all

respects within a single Member State, Regulation (EU) No

1231/2010 shall apply accordingly, without prejudice to

bilateral agreements ensuring that the intra-corporate transferee

is covered by the legislation of the country of origin

Provided further that, without prejudice to

Regulation (EU) No 1231/2010 and to bilateral agreements,

intra-corporate transferees moving to a third country, or their

survivors who reside in a third country and who derive rights

from those workers, shall receive, in relation to old age,

invalidity and death, statutory pensions based on the intra-

corporate transferees’ previous employment and acquired in

accordance with the Social Security Act under the same Cap. 318.

conditions and at the same rates as Maltese nationals receive

when moving to a third country;

(d) access to goods and services and the supply of goods

and services made available to the public, except procedures for

obtaining housing as provided for by national law, without

prejudice to freedom of contract in accordance with Union and

national law, and services afforded by public employment

offices.

(3) The provisions of this regulation shall be without prejudice

to the right of the Executive Chairperson to withdraw or to refuse to

renew the permit in accordance with regulation 7.

16. The Family Reunification Regulations shall apply with the

following derogations from the provisions of the said regulations as

follows

(a)

the provisions of regulations 5(2) and 13 regarding

family reunification in Malta

Provided that this shall not be made dependent on

the requirement of the intra-corporate transferee holder having

reasonable prospects of obtaining the right of permanent

residence and having a minimum period of residence;

(b) the provisions of regulations 4(1) and 14(3)

regarding the integration conditions referred to therein may be

applied only after the persons concerned have been granted

family reunification;

(c)

the provision of regulation 9 regarding residence

permits for family members shall be granted by the Executive

Chairperson, if the conditions for family reunification are

fulfilled, within ninety days from the date on which the

complete application was submitted. The Executive

Chairperson shall process the residence permit application for

the intra-corporate transferee’s family members at the same

time as the application for the intra-corporate transferee permit

or the permit for long-term mobility, in cases where the

residence permit application for the intra-corporate transferee’s

family members is submitted at the same time. The procedural

safeguards laid down in regulation 13 shall apply accordingly;

(d) the provisions of regulation 14(2), regarding the

duration of the validity of the residence permits of family

members in Malta, shall, as a general rule, end on the date of

expiry of the intra-corporate transferee permit or the permit for

long-term mobility issued by the Executive Chairperson;

(e)

the provisions of regulation 15(b) and, without

prejudice to the principle of preference for Union citizens as

expressed in the relevant provisions of the relevant Acts of

Accession, the family members of the intra-corporate transferee

who have been granted family reunification shall be entitled to

have access to employment and self-employed activity in Malta.

PART V

Intra-EU mobility

17. Third-country nationals who hold a valid intra-corporate

transferee permit issued by the other Member State may, on the basis

of that permit and a valid travel document and under the conditions

laid down in regulations 18 and 19, and subject to regulation 20,

enter, stay and work in Malta.

18. (1) Third-country nationals who hold a valid intra- Short-term

corporate transferee permit issued by another Member State, shall be mobility.

entitled to stay in Malta and work in any other entity, established in

Malta and belonging to the same undertaking or group of

undertakings, for a period of up to ninety days in any 180-day period

subject to the conditions laid down in this regulation.

(2) The Executive Chairperson shall require the host entity in

the other Member State to notify him and the competent authorities

responsible for the implementation of the provisions of Directive

2014/66/EU of the intention of the intra-corporate transferee to work

in an entity established in Malta.

(3) The notification referred to in the sub-regulation (2) shall

take place either

(a)

at the time of the application in the other Member

State, where the mobility to Malta is already envisaged at that

stage; or

(b) if the intra-corporate transferee has already been

admitted to the other Member State as soon as the intended

mobility to Malta is known.

(4) The Executive Chairperson shall require that any

notification shall be accompanied by the following documents and

information

(a)

evidence that the host entity in Malta and the

undertaking established in a third country belong to the same

undertaking or group of undertakings;

(b) the contract of employment and, if necessary, the

assignment letter, which were transmitted to the other Member

State in accordance with regulation 4(1)(c);

(c)

where applicable, documentation certifying that the

intra-corporate transferee fulfils the conditions laid down under

the Recognition of Professional Qualifications Regulations to S.L. 451.03.

exercise the regulated profession to which the application

relates;

(d)

a valid travel document, as provided for in

regulation 4(1)(f); and

(e)

where not specified in any of the preceding

documents, the planned duration and dates of the mobility

Provided that the Executive Chairperson may require,

where relevant, that these documents and the information are to be

presented in the English language.

(5) Where the notification has taken place in accordance with

sub-regulation (3)(a), and where the Executive Chairperson has not

raised any objection with the other Member State in accordance with

sub-regulation (7), the mobility of the intra-corporate transferee to

Malta may take place at any moment within the period of validity of

the intra-corporate transferee permit.

(6) Where the notification has taken place in accordance with

sub-regulation (3)(b), the mobility may be initiated after the

notification to the Executive Chairperson immediately or at any

moment thereafter within the period of the intra-corporate transferee

permit.

(7) Based on the notification referred to in sub-regulation (3),

the Executive Chairperson may object to the mobility of the intra-

corporate transferee to Malta within twenty days from having

received the notifications, where

(a)

the conditions set out in regulation 4(3)(b) or in sub-

regulation (4)(a), (c) or (d) are not complied with;

(b) the documents presented

were

fraudulently

acquired, or falsified or tampered with;

(c)

the maximum duration of stay as defined in

regulation 10(1) or in sub-regulation (1) has been reached;

(d) the intra-corporate transferee is considered to pose a

threat to public policy, public security or public health

Provided that the Executive Chairperson shall inform

without delay the competent authorities and the host entity in the

other Member State about their objection to the mobility.

(8) Where the Executive Chairperson objects to the mobility in

accordance with sub-regulation (7) and the mobility has not yet taken

place, the intra-corporate transferee shall not be allowed to work in

Malta as part of the intra-corporate transfer. Where the mobility has

already taken place, the provisions of regulation 20(3) and (4) shall

apply.

(9) Where the intra-corporate transferee permit is renewed by

the other Member State within the maximum duration provided for in

regulation 10(1), the renewed intra-corporate transferee permit shall

continue to authorise its holder to work in Malta, subject to the

maximum duration provided for in regulation (1).

19. (1) In relation to third-country nationals who hold a Long-term

valid intra-corporate transferee permit issued by the other Member mobility.

State and who intend to stay in Malta and work in any other entity,

established in Malta and belonging to the same undertaking or group

of undertakings, for more than ninety days, the Executive

Chairperson may decide to apply the procedure provided for in sub-

regulations (2) to (7).

(2) Where an application for long-term mobility is submitted,

the Executive Chairperson shall require the applicant to transmit

some or all of the following documents where they are required for an

initial application

(a)

evidence that the host entity in Malta and the

undertaking established in a third country belong to the same

undertaking or group of undertakings;

(b) a contract of employment and, if necessary, an

assignment letter, as provided for in regulation 4(1)(c);

(c)

where applicable, documentation certifying that the

intra-corporate transferee fulfils the conditions laid down under

the Recognition of Professional Qualifications Regulations to S.L. 451.03

exercise the regulated profession to which the application

relates;

(d) a valid travel document, as provided for in

regulation 4(1)(f);

(e)

evidence of having applied for sickness insurance,

as provided for in regulation 4(1)(g).

(3) The Executive Chairperson shall require the applicant to

provide, at the latest at the date of issue of the permit for long-term

mobility, the address of the intra-corporate transferee concerned in

Malta

Provided that the Executive Chairperson may require,

where relevant, that the documents and the information mentioned in

sub-regulation (2) are to be presented in the English language.

(4) The Executive Chairperson shall take a decision on the

application for long-term mobility and notify the decision to the

applicant in writing as soon as possible but not later than ninety days

from the date on which the application and the documents provided

for in sub-regulation (2) were submitted to the Executive

Chairperson.

(5) The Executive Chairperson shall not require the intra-

corporate transferee to leave Malta in order to submit an application

and the said person shall not be subject to a visa requirement.

(6) The intra-corporate transferee shall be allowed to work in

Malta until a decision on the application for long-term mobility has

been taken by the Executive Chairperson, provided that

(a)

the time period referred to in regulation 18(1) and

the period of validity of the intra-corporate transferee permit

issued by the other Member State has not expired; and

(b) if the Executive Chairperson may require that, the

complete application is submitted to him at least twenty days

before the long-term mobility of the intra-corporate transferee

starts.

(7) An application for long-term mobility may not be

submitted at the same time as a notification for short-term mobility

Provided that where the need for long-term mobility arises

after the short-term mobility of the intra-corporate transferee has

started, the Executive Chairperson may request that the application

for long-term mobility be submitted at least twenty days before the

short-term mobility ends.

(8) The Executive Chairperson may refuse an application for

long-term mobility where

(a)

the conditions set out in sub-regulation (2)(a) are not

complied with or the criteria set out in regulation 4(1)(c)(i), (3)

and (4) are not complied with;

(b) one of the grounds covered by regulation 6(1)(b) or

(d), (2), (3) or (4) applies; or

(c)

the intra-corporate transferee permit expires during

the procedure.

(9) Where the Executive Chairperson takes a positive decision

on the application for long-term mobility, the intra-corporate

transferee shall be issued with a permit for long-term mobility

allowing the intra-corporate transferee to stay and work in Malta. The

permit shall be issued using the uniform format laid down in

Regulation (EC) No. 1030/2002. Under the heading ‘type of permit’

in accordance with point (a) 6.4 of the Annex to Regulation (EC) No.

1030/2002, the Executive Chairperson shall enter ‘mobile ICT’

Provided that the Executive Chairperson may indicate

additional information, as directed by the pertinent authorities, related

to the employment relationship of the third-country national

including the name and address of the employer, place of work, type

of work, working hours and the remuneration, in paper format, or

store such data in electronic format as referred to in Regulation (EC)

1030/2002.

(10) The Executive Chairperson shall inform the competent

authorities of the other Member State where a permit for long-term

mobility is issued.

(11) Where the Executive Chairperson takes a decision on an

application for long-term mobility, the provisions of regulations 7 and

13(2) to (5) shall apply accordingly.

(1) Where the intra-corporate transferee permit is issued Safeguards.

by a Member State not applying the Schengen acquis in full and the

intra-corporate transferee crosses an external border, the Executive

Chairperson or the Principal Immigration Officer shall be entitled to

require as evidence that the intra-corporate transferee is moving to

Malta for the purpose of an intra-corporate transfer by submitting

(a)

a copy of the notification sent by the host entity in

the other Member State in accordance with regulation 18(3); or

(b) a letter from the host entity in Malta that specifies at

least the details of the duration of the intra-EU mobility and the

location of the host entity or entities in Malta.

(2) The host entity in Malta shall inform the Executive

Chairperson of any modification which affects the conditions on

which basis the mobility was allowed to take place

Provided that if the Executive Chairperson issues the intra-

corporate transferee permit, the Executive Chairperson shall inform

the authorities of the other Member State immediately.

(3) The Executive Chairperson may request that the intra-

corporate transferee immediately cease all employment activity and

leave Malta where

(a)

he has not been notified in accordance with

regulation 18(3) and (4) and requires such notification;

(b) he has objected to the mobility in accordance with

regulation 18(7);

(c)

he has refused an application for long-term mobility

in accordance with regulation 19(8);

(d) the intra-corporate transferee permit or the permit

for long-term mobility is used for purposes other than those for

which it was issued;

(e)

the conditions on which the mobility was allowed to

take place are no longer fulfilled.

(4) In the cases referred to in sub-regulation (3), the Principal

Immigration Officer shall, upon the request of the other Member

State, allow re-entry of the intra-corporate transferee, and where

applicable, of his or her family members, without formalities and

without delay. This shall also apply if the intra-corporate transferee

permit issued by Malta has expired or has been withdrawn during the

period of mobility within the other Member State.

(5) Where the holder of an intra-corporate transferee permit

crosses the external border of a Member State applying the Schengen

acquis in full, the Executive Chairperson shall consult the Schengen

information system. The Executive Chairperson shall refuse entry or

object to the mobility of persons for whom an alert for the purposes of

refusing entry and stay has been issued in the Schengen Information

System.

A host entity which fails to comply with the obligations

provided hereunder shall be guilty of an offence against these

regulations and shall on conviction be liable to a fine (multa) not

exceeding five thousand euro (€5,000)

(a)

the host entity did not comply with the conditions of

admission, stay and mobility of these regulations;

(b) the host entity has failed to notify the mobility of the

intra-corporate transferee in accordance with regulation 18(2)

and (3);

(c)

the intra-corporate transferee permit or the permit

for long-term mobility is used for purposes other than those for

which it was issued;

(d) the application for an intra-corporate transferee

permit has been submitted to the Executive Chairperson but the

longest overall stay does not take place in Malta;

(e)

the intra-corporate transferee no longer fulfils the

criteria and conditions on the basis of which the mobility was

allowed to take place and the host entity fails to notify the

Executive Chairperson of such a modification;

(f)

the intra-corporate transferee started to work in

Malta, although the conditions for mobility were not fulfilled in

the case where the provisions of regulations 18(6) or 19(6)

apply.

B

€1.98