CONDITIONS OF ENTRY AND RESIDENCE OF THIRD COUNTRY NATIONAL IN THE FRAMEWORK OF AN INTRA-CORPORATE

OF AN INTRA-CORPORATE TRANSFER

SUBSIDIARY LEGISLATION 217.21

CONDITIONS OF ENTRY AND RESIDENCE

OF THIRD COUNTRY NATIONAL IN THE

FRAMEWORK OF AN INTRA-CORPORATE

TRANSFER REGULATIONS

24th January, 2017

LEGAL NOTICE 33 of 2017.

PART I

General Provisions

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

and Residence of Third-Country Nationals in the Framework of an

Intra-Corporate Transfer Regulations.

(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

"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;

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(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;

" M e m b e r St a t e " m e a n s a n y o f t h e M e m b e r St a t e s o f t h e

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

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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 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

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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 Executive

Chairperson an application for an intra-corporate transferee 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;

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(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

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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

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

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 application

for an intra-corporate transferee permit in any of the 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 permi t o n th e groun ds set o ut 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.

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(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 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.

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PART III

Procedure and Permit

8.(1) (a)

The Executive Chairperson shall make easily

accessible to applicants the information on all the

documentary 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

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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

applicant of any modification happening during the stay which

affects the conditions for admission set out in regulation 4.

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

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

of 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

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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-corporate transferees who have been authorised

to reside and work in Malta for a period not exceeding

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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 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

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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-

corporate transferee permit issued by another Member State, shall

be 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

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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 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

mo me nt th ereafte r wit hi n t he perio d o f th e i ntra-corpo rat e

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,

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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 valid

intra-corporate transferee permit issued by the other Member 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 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

OF AN INTRA-CORPORATE TRANSFER

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

OF AN INTRA-CORPORATE TRANSFER

(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

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;

OF AN INTRA-CORPORATE TRANSFER

(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.