PROCEDURE FOR THE INSPECTION OF ILLEGALLY STAYING AND ILLEGALLY EMPLOYED THIRD- COUNTRY NATIONALS AND THE MONITORING OF

STAYING AND ILLEGALLY EMPLOYED THIRD-COUNTRY

NATIONALS AND THE MONITORING OF THIRD

COUNTRY NATIONALS ENROLLED

IN EDUCATIONAL ESTABLISHMENTS

SUBSIDIARY LEGISLATION 217.24

PROCEDURE FOR THE INSPECTION OF ILLEGALLY

STAYING AND ILLEGALLY EMPLOYED THIRD-

COUNTRY NATIONALS AND THE MONITORING OF

THIRD COUNTRY NATIONALS ENROLLED IN

EDUCATIONAL ESTABLISHMENTS REGULATIONS

4th June, 2019

LEGAL NOTICE 112 of 2019.

The title of these regulations is the Procedure for the

Inspection of Illegally Staying and Illegally Employed Third-country

Nationals and the Monitoring of Third Country Nationals enrolled in

Educational Establishments Regulations.

In these regulations, unless the context otherwise

requires

"the Act" means the Immigration Act;

"the Agency" means Identity Malta Agency established

by the Identity Malta Agency (Establishment) Order;

"employment licence" means a licence issued under

article 11(3) of the Act;

"illegally employed third-country national" means a

third-country national who is not in possession of an

employment licence;

"illegally staying third-country national" means a third-

country national present in Malta, who does not fulfil, or no

longer fulfils, the conditions for stay or residence in Malta;

"Minister"

means

the

Minister

responsible

for

immigration;

"reporting unit" means the unit and its officers within

Identity Malta entrusted with the inspection of illegally staying

and illegally employed third-country nationals, in accordance

with the Minimum Standards on Sanctions and Measures

Against Employers of Illegally Staying Third Country

Nationals Regulations and the monitoring of third country

nationals enrolled in educational establishments;

STAYING AND ILLEGALLY EMPLOYED THIRD-COUNTRY

NATIONALS AND THE MONITORING OF THIRD

COUNTRY NATIONALS ENROLLED

IN EDUCATIONAL ESTABLISHMENTS

"residence permit" includes a permit issued under the Act

and subsidiary legislation authorizing a third country national,

who is not a dependent upon a citizen of the European Union as

defined by the provisions of Free Movement of European

Union Nationals and their Family Members Order, to reside in

Malta;

"student" means a third country national who has been

authorized to reside in Malta on the basis of national legislation

or policies;

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

national of the European Union within the meaning of Article

20(1) of the Treaty on the Functioning of the European Union

and who is not enjoying the Community right of free

movement, as defined in Article 2(5) of Regulation (EU) 2016/

399 of the European Parliament and of the Council of 9 March

2016 on a Union Code on the rules governing the movement of

persons across borders (Schengen Borders Code);

"visa" means the authorisation issued by a Member State

of the European Union in terms of Regulation (EC) No 810/

2009 of the European Parliament and the Council of 13 July

2009 establishing a Community Code on Visas (Visa Code) or

in accordance with Article 18 of the Schengen Convention.

(1)

The Reporting Unit shall be empowered to

(a)

enter without previous notice, at any reasonable

time, any premises where third country nationals are employed

or residing or studying including school premises, school

annexes, place for the provision of private tuition, location for

the provision of distance learning to conduct an inspection visit

Provided that the Reporting Unit may enter places

of residence with the assistance of the Police;

(b)

carry out in any such premises any examination or

inquiry which it may consider necessary in order to satisfy itself

that the provisions of the Act or of any regulations thereunder

as well as any conditions issued in the residence permit or visa

are being observed;

(c)

require any person to produce for inspection

residence documentation and take extracts from any books,

registers, attendance sheets, documents or records relating to

any activities regulated by or under the Act or any regulations

thereunder which are under the control of that person and, in the

STAYING AND ILLEGALLY EMPLOYED THIRD-COUNTRY

NATIONALS AND THE MONITORING OF THIRD

COUNTRY NATIONALS ENROLLED

IN EDUCATIONAL ESTABLISHMENTS

case of information in a non-legible form to reproduce it in a

legible form, and to give the Reporting Unit such information

as it may reasonably require in relation to any entries in such

books, attendance sheets, documents or records; and

(d)

retain copies of such books, registers, attendance

sheets, documents or records for such period as may be

reasonable for further examination.

(2)

The premises and places liable to inspection under these

regulations are any premises or places in respect of which any

provisions of the Act or of any regulation thereunder or any conditions

of residence apply relative to third country nationals.

(3)

The Reporting Unit shall, if it considers that, from the

inspection visit, there has been a violation of any provisions of the Act

or of any regulation thereunder or any condition of residence

applicable to the third country national, report the results of the

inspection visit to the responsible entity and the pertinent Police

Authorities.

(1)

No person shall improperly influence or attempt

to influence directly or indirectly on behalf of himself or on behalf of

any person, the Reporting Unit, the Agency or their officers, or

persons employed by them, in the exercise of their functions under

these regulations.

(2)

Any person who contravenes the foregoing provision of

this article shall be guilty of an offence against these regulations and

shall on conviction be liable to a fine (multa) not exceeding three

thousand euro (€3,000) or to imprisonment for a period not exceeding

three (3) months, or to both such fine and imprisonment.

Any person who:-

(a)

obstructs, impedes or assaults an officer of the

Reporting Unit in the exercise of any of the functions conferred

by these regulations;

(b)

fails or refuses to comply with a requirement

under regulation 3;

(c)

alters, suppresses or destroys any books, registers,

attendance sheets, documents or records which the person

concerned has been required to produce, or may reasonably

expect to be required to produce;

(d)

falsely presents himself to be an officer of the

STAYING AND ILLEGALLY EMPLOYED THIRD-COUNTRY

NATIONALS AND THE MONITORING OF THIRD

COUNTRY NATIONALS ENROLLED

IN EDUCATIONAL ESTABLISHMENTS

Reporting Unit or of the Agency;

(e)

furnishes any information to the Reporting Unit or

to the Agency which it may require in the exercise of its

functions under these regulations, which he knows, or has

reasonable cause to believe to be false or misleading,

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) or to imprisonment for a period not

exceeding six (6) months, or to both such fine and

imprisonment.

The punishments provided in these regulations shall

apply unless the fact constitutes a more serious offence under the

Criminal Code or any other law, in which case such Code or other law

shall apply.