CONDITIONS OF ENTRY AND RESIDENCE OF THIRD-COUNTRY NATIONALS FOR THE PURPOSE OF HIGHLY QUALIFIED

HIGHLY QUALIFIED EMPLOYMENT

SUBSIDIARY LEGISLATION 217.15

CONDITIONS OF ENTRY AND RESIDENCE

OF THIRD-COUNTRY NATIONALS FOR

THE PURPOSE OF HIGHLY QUALIFIED

EMPLOYMENT REGULATIONS *

4th November, 2011

LEGAL NOTICE 433 of 2011, as amended by Act XXV of 2015 and II of

2020. PART I

GENERAL PROVISIONS

(1) The title of these regulations is Conditions of Entry and

Residence of Third-Country Nationals for the purpose of Highly

Qualified Employment Regulations.

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

of the 25 t h 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.

Amended by

XXV. 2015.41.

(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

Authority for Transport in Malta

-

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 / Regulator for Energy and Water Services

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

For the purpose of these regulations

"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;

*These regulations have been repealed by Legal Notice 303 of 2023.

HIGHLY QUALIFIED EMPLOYMENT

"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

b e un d e r s t oo d a s th e M e m b e r St a t e f r o m w he r e th e p e r s o n

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,

HIGHLY QUALIFIED EMPLOYMENT

"regulated profession" means a regulated profession as defined

in regulation 3(1)( a ) of the Recognition of Professional

Qualifications 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 nationals

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

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 International Protection Act and subsidiary

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 the

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;

HIGHLY QUALIFIED EMPLOYMENT

(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 the 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

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 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

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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.

HIGHLY QUALIFIED EMPLOYMENT

(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 Blue

Card whenever the applicant does not meet the conditions set 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 (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 EU

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

cases

HIGHLY QUALIFIED EMPLOYMENT

(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

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

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

HIGHLY QUALIFIED EMPLOYMENT

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 Malta as

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

HIGHLY QUALIFIED EMPLOYMENT

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 Further and

Higher Education Act;

(ii)the Member State concerned may restrict equal

treatment to cases where the registered or usual

HIGHLY QUALIFIED EMPLOYMENT

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

HIGHLY QUALIFIED EMPLOYMENT

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 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

St a t u s o f L o n g - t e r m R e s i d e n t s ( T h i r d - C o u n t r y N a t i o n a l s )

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.

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The Director shall issue a residence permit, in accordance

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

Country Nationals) Regulations to the EU Blue Card holder who

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.

HIGHLY QUALIFIED EMPLOYMENT

(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

accordance with regulation 17 and when the family was already

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

shall 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.

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(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.

HIGHLY QUALIFIED EMPLOYMENT