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

THIRD-COUNTRY NATIONALS FOR THE PURPOSE OF

HIGHLY QUALIFIED EMPLOYMENT

SUBSIDIARY LEGISLATION 217.27

CONDITIONS OF THE ENTRY AND RESIDENCE OF

THIRD-COUNTRY NATIONALS FOR THE PURPOSE

OF HIGHLY QUALIFIED EMPLOYMENT

REGULATIONS

22nd December, 2023

LEGAL NOTICE 303 of 2023.

(1)

The title of these regulations is the Conditions of

the Entry and Residence of Third-Country Nationals for the Purpose of

Highly Qualified Employment Regulations.

(2)

The scope of these regulations is to transpose Directive

(EU) 2021/1883 of the European Parliament and the Council of 20

October 2021 on the conditions of entry and residence of third-country

nationals for the purpose of highly qualified employment and

repealing Council Directive 2009/50/EC.

(3)

These regulations establish

(a)

the conditions of the entry and residence for more

than three (3) months in the territory of the Member States, and

the rights, of third-country nationals for the purpose of highly

qualified employment and of their family members;

(b)

the conditions of the entry and residence and the

rights, of third-country nationals and of their family members in

Member States other than the Member State which first granted

an EU Blue Card.

List of occupations referred to in these regulations

Information and communications technology managers and

professionals who have acquired at least three (3) years of relevant

professional experience within seven (7) years prior to the application

for an EU Blue Card belonging to the following groups of the ISCO-08

classification

(1)

133 Information and Communications Technology

Services Managers;

(2)

Information

and

Communications

Technology

Professionals.

For the purpose of these regulations, unless the context

otherwise requires

"Act" means the Immigration Act;

"business activity" means a temporary activity directly

related to the business interests of the employer and to the

professional duties of the EU Blue Card holder based on the

work contract in the first Member State, including attending

internal or external business meetings, attending conferences or

seminars, negotiating business deals, undertaking sales or

marketing activities, exploring business opportunities, or

attending and receiving training;

"competent authority" means the Identity Malta Agency

established by article 3 of the Identity Malta Agency

(Establishment) Order;

THIRD-COUNTRY NATIONALS FOR THE PURPOSE OF

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"EU Blue Card" means a residence permit bearing the

term "EU Blue Card" that entitles its holder to reside and work

in the territory of Malta;

"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;

"gross annual salary" means the average annual gross

salary published by the National Statistics Office in the Labour

Force Survey;

"higher education qualifications" means any diploma,

certificate or other evidence of formal qualifications awarded

by higher education institution attesting the successful

completion of a post-secondary higher education programme,

such as 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

Provided that for the purposes of these

regulations, a higher education qualification shall be taken into

account, on condition that the studies required to acquire it

lasted at least three (3) years and referenced to the Malta

Qualifications Framework 6 to 8;

"higher professional qualifications" means qualifications

attested by evidence of higher education qualifications or

higher professional skills;

"higher professional skills" means

(a)

as concerns the occupations listed in the

Schedule, knowledge, skills and competences attested by

professional experience at a level comparable to higher

education qualifications, which are relevant to the

profession or sector specified in the work contract or

binding job offer, and which have been acquired over the

duration set out in the Schedule for each relevant

occupation;

(b)

as concerns other occupations, only where

provided for by law or applicable procedures,

knowledge, skills and competences attested by at least

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five (5) years of professional experience at a level

comparable to higher education qualifications and which

are relevant to 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

higher

professional

qualifications;

"international protection" means the international

protection awarded in accordance with article 8 of the

International Protection Act;

"International

Protection

Agency"

means

the

International Protection Agency established by article 3 of the

International Protection Agency (Establishment) Order;

"ISCO" means International Standard Classification of

Occupations;

"professional experience" means the actual and lawful

pursuit of the profession concerned;

"regulated profession" means a professional activity,

access to which, the pursuit of which, or one of the modes of

pursuit of which is subject, directly or indirectly, by virtue of

legislative, regulatory or administrative provisions to the

possession of specific professional qualifications;

"Regulation (EC) No 1030/2002" means Council

Regulation (EC) No 1030/2002 of 13 June 2002 laying down a

uniform format for residence permits for third-country

nationals;

"Regulation (EC) No 883/2004" means Regulation (EC)

No 883/2004 of the European Parliament and of the Council of

29 April 2004 on the coordination of social security systems;

"second Member State" means any Member State in

which the EU Blue Card holder intends to exercise or is

exercising the right of mobility in accordance with these

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regulations, other than the first Member State;

"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;

"unregulated profession" means a profession that is not a

regulated profession.

(1)

These regulations shall apply to third-country

nationals who apply to be admitted, or who have been admitted into

the territory of Malta for the purpose of highly qualified employment

in accordance with these regulations.

(2)

These regulations shall not apply to third-country

nationals

(a)

who seek international protection and are awaiting

a decision on their status or who are beneficiaries of temporary

protection in accordance with the Temporary Protection for

Displaced Persons (Minimum Standards) Regulations;

(b)

who seek protection in accordance with Maltese

legislation, international obligations or practice of another

Member State and are awaiting a decision on their status, or

who are beneficiaries of protection in accordance with Maltese

legislation, international obligations or practice of another

Member State;

(c)

who apply to reside in Malta as researchers in

accordance with the Conditions of Entry and Residence of

Third Country Nationals for the Purposes of Research, Studies,

Training and Voluntary Service in the Mobility Project for

Young People: Voluntary Projects Regulations;

(d)

who enjoy European Union long-term resident

status in accordance with the Status of Long-term Residents

(Third Country Nationals) Regulations and exercise their right

to reside in another Member State in order to carry out an

economic activity in an employed or self-employed capacity;

(e)

who enter Malta for commitments contained in an

international agreement facilitating the entry and temporary

stay of certain categories of trade and investment-related

natural persons, with the exception of third-country nationals

who have been admitted to the territory of Malta as intra-

corporate transferees in accordance with the Conditions of

Entry and Residence of Third Country Nationals in the

Framework of an Intra-Corporate Transfer Regulations;

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(f)

whose expulsion has been suspended for reasons

of fact or law;

(g)

who are covered by the Posting of Workers in

Malta Regulations for the duration of their posting; or

(h)

who under agreements between the European

Union and the Member States on the one hand, and third

countries on the other as nationals of those third countries,

enjoy rights of free movement equivalent to those of European

Union citizens.

(3)

These regulations shall be without prejudice to the right

to issue residence permits other than an EU Blue Card for the purpose

of highly qualified employment. Such residence permits shall not

confer a right of residence in other Member States as provided in these

regulations.

PART I

Criteria for Admission, Refusal and Withdrawal

(1)

An applicant for an EU Blue Card shall

(a)

present a valid work contract or, as provided in the

Employment and Industrial Relations Act, a binding job offer

for highly qualified employment for a period of at least six (6)

months in Malta

Provided that the monthly or annual salary

specified in a valid work contract shall not be less than a

relevant salary threshold defined and published for that

purpose, which shall be at least one point five (1.5) times the

average gross annual salary in Malta

Provided further that where the Minister

responsible for employment, from time to time, determines a

particular need of third-country national workers and who

belong to the major groups 1 and 2 of ISCO, the salary

threshold may be at least one point two (1.2) times the average

gross annual salary in Malta

Provided further that the Minister responsible for

employment shall communicate each year to the European

Commission the list of professions for which a derogation has

been decided.

(b)

for unregulated professions, present documents

attesting to relevant higher professional qualifications in

relation to the work to be carried out;

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(c)

for regulated professions, present documents

attesting to the fulfilment of the conditions set out in

accordance with the law for the exercise by European Union

citizens of the regulated profession specified in the work

contract or binding job offer, in accordance with the

Recognition of Professional Qualifications Regulations;

(d)

present a valid travel document, as determined by

law, and if required, an application for a visa, a valid visa or,

where applicable, a valid residence permit or valid long-stay

visa;

(e)

provide evidence of having applied for sickness

insurance for all risks normally covered for Maltese nationals

for periods when no such insurance coverage or corresponding

entitlement to benefits is provided for in connection with, or

resulting from, the work contract.

(2)

Conditions set out in collective agreements or established

by practices or in the law in the relevant occupational branches for

highly qualified employment shall also be observed.

(3)

Where the EU Blue Card issued during the period of

three (3) years is renewed, the salary threshold referred to in sub-

regulation (1) shall continue to apply if

(a)

the initial period of three (3) years has not

elapsed; or

(b)

a period of twenty-four (24) months after the

issuance of the first EU Blue Card has not elapsed.

(4)

Where an application for an EU Blue Card concerns a

third-country national who holds a residence permit for the purpose of

highly qualified employment issued by the competent authority, the

competent authority shall not

(a)

require the applicant to present the documents

provided for in paragraph (b) or (c) of sub-regulation (1), if the

relevant higher professional qualifications were already

verified in the context of the application for the residence

permit;

(b)

require the applicant to present the evidence

provided for in paragraph (e) of sub-regulation (1), unless the

application is submitted in the context of a change of

employment, in which case regulation 13 shall apply

accordingly; and

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(c)

apply regulation 6(1)(e), unless the application is

submitted in the context of a change of employment, in which

case regulation 13 shall apply accordingly.

(5)

The third-country national concerned shall be required to

provide his address in Malta

Provided that where the third country national concerned

does not yet know his future address, the competent authority shall

accept a temporary address. In such cases, the third-country national

shall provide his permanent address at the latest when the EU Blue

Card is issued in accordance with regulation 8.

These regulations shall not affect the right of the

competent authority after consulting the pertinent entities to determine

the volumes of admission of third-country nationals entering Malta,

for the purposes of highly qualified employment, in accordance with

Malta’s labour market requirements.

(1)

An application for an EU Blue Card shall be

rejected for justified reasons

(a)

where the criteria mentioned in regulation 4 have

not been complied with;

(b)

where the documents presented have been

fraudulently acquired, falsified or tampered with;

(c)

where the third-country national concerned is

considered to pose a threat to public policy, public security or

public health;

(d)

where the employer’s business was established or

operates for the main purpose of facilitating the entry of third-

country nationals;

(e)

where the competent authority, after evaluating

the labour market situation, in the case where there is a high

level of unemployment, concludes that the vacancy concerned

may be filled from the national or European Union workforce,

or by third-country nationals who are lawfully resident in Malta

and already form part of its labour market in accordance with

European Union or Maltese law, or by European Union long-

term residents who wish to move to Malta for highly qualified

employment;

(f)

where the employer has failed to meet its legal

obligations regarding social security, taxation, labour rights or

working conditions;

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(g)

where the employer’s business is being, or has

been, wound up under national insolvency laws or carries out

no economic activity;

(h)

where the employer has been sanctioned for the

employment of illegally staying third-country nationals in

accordance with regulation 7 of the Minimum Standards on

Sanctions and Measures against Employers of Illegally Staying

Third-Country Nationals Regulations, or where the

employment has been pursued in breach of applicable

employment legislation including these regulations, or where

the employment is undeclared to the competent authorities; or

(i)

to ensure ethical recruitment in professions

suffering from a lack of qualified workers in the countries of

origin, including on the basis of an agreement listing

professions for that purpose between the European Union and

the Member States on the one hand, and one (1) or more third

countries on the other, or between the Member States on the one

hand, and one (1) or more third countries on the other.

(2)

Without prejudice to sub-regulation (1), any decision to

reject an application shall take account of the specific circumstances of

the case and shall respect the principle of proportionality.

(1)

The competent authority shall withdraw or refuse

to renew an EU Blue Card where

(a)

the EU Blue Card or the documents presented

have been fraudulently acquired, falsified or tampered with;

(b)

the third-country national concerned no longer

holds a valid work contract for highly qualified employment;

(c)

the third-country national concerned no longer

holds the qualifications referred to in paragraphs (b) or (c) of

regulation 4(1);

(d)

the salary of the third-country national concerned

no longer meets the salary threshold set out in accordance with

regulation 4(1), as applicable;

(e)

reasons of public policy, public security or public

health exist;

(f)

the employer has failed to meet its legal

obligations regarding social security, taxation, labour rights or

working conditions;

THIRD-COUNTRY NATIONALS FOR THE PURPOSE OF

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(g)

the EU Blue Card holder does not have sufficient

resources to maintain himself and, where applicable, the

members of his family without having recourse to social

assistance in accordance with the Social Security Act and the

regulations made thereunder;

(h)

the EU Blue Card holder is residing in Malta for

purposes other than those for which he was authorised to reside;

(i)

the conditions under the applicable law, set out in

collective agreements or established by practices in the relevant

occupational branches for highly qualified employment are no

longer met;

(j)

the EU Blue Card holder has not complied with

the relevant procedures as provided for in sub-regulations

(2)(a), (3) or (4) of regulation 13;

(k)

the EU Blue Card holder no longer holds a valid

travel document, unless prior to withdrawing the EU Blue Card,

a reasonable deadline has been provided for that EU Blue Card

holder to obtain and present a valid travel document; or

(l)

the EU Blue Card holder fails to comply with the

conditions of mobility

Provided that for the purposes of paragraph (c), the

competent authority shall evaluate the sufficiency of resources by

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

level of minimum national wages, minimum income or minimum

pensions as well as the number of family members of the EU Blue

Card holder. Such evaluation shall take into account the contributions

of the family members to the household income.

(2)

By way of derogation from paragraph (f) of sub-

regulation (1), a failure to make a communication required by sub-

regulations (2)(a), (3) or (4) of regulation 13, shall not be considered

to be a sufficient reason for withdrawing or not renewing the EU Blue

Card, if the EU Blue Card holder proves that the communication did

not reach the competent authority for a reason outside his control.

(3)

By way of derogation from paragraphs (b) and (d) of sub-

regulation (1), the competent authority may decide not to withdraw or

not to refuse to renew an EU Blue Card where the EU Blue Card

holder temporarily, in any case for not longer than twelve (12) months,

does not fulfil the criteria for admission set out in sub-regulation

(1)(a), (3) or, where applicable, (4) or (5) of regulation 4, as a result of

illness, disability or parental leave.

(4)

By way of derogation from paragraphs (b), (d) and (g) of

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sub-regulation (1), the EU Blue Card shall not be withdrawn and its

renewal shall not be refused in the event of the unemployment of the

EU Blue Card holder, except where

(a)

the EU Blue Card holder cumulates a period of

unemployment exceeding three (3) months and has held an EU

Blue Card for less than two (2) years; or

(b)

the EU Blue Card holder cumulates a period of

unemployment exceeding six (6) months and has held an EU

Blue Card for at least two (2) years.

(5)

Where the competent authority intends to withdraw or

not to renew an EU Blue Card in accordance with paragraphs (f) or (i)

of sub-regulation (1), the competent authority shall notify the EU Blue

Card holder in advance and shall set a reasonable deadline of at least

three (3) months for the EU Blue Card holder to seek new

employment, subject to the conditions set out in sub-regulations (1),

(2) and (3) of regulation 13. The period for seeking employment shall

be at least six (6) months when the EU Blue Card holder has been

previously employed for at least two (2) years.

(6)

Without prejudice to sub-regulation (1), in the case of

any decision to withdraw or to refuse to renew an EU Blue Card the

competent authority shall take account of the specific circumstances of

the case and shall respect the principle of proportionality.

PART II

EU Blue Card Procedure

(1)

Where a third-country national fulfils the criteria

set out in regulation 4 and where no grounds for rejection pursuant to

regulation 6 apply, he shall be issued with an EU Blue Card. The

competent authority shall issue the third-country national with a visa

to obtain an EU Blue Card.

(2)

The competent authority shall set a standard period of

validity for the EU Blue Card, which shall not be less than twenty-four

(24) months. If the EU Blue Card holder’s work contract covers a

shorter period, the EU Blue Card shall be valid for at least the duration

of the work contract plus three (3) months, but for not less than the

standard period of twenty-four (24) months. However, if the period of

validity of the EU Blue Card holder’s travel document is shorter than

the period of validity of the EU Blue Card that would apply in

accordance with this regulation, the EU Blue Card shall be valid at

least for the period of validity of the travel document.

(3)

(a)

The EU Blue Card shall be issued by the

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competent authority in accordance with the uniform format laid down

in Regulation (EC) No 1030/2002;

(b)

the competent authority may indicate on the EU

Blue Card the conditions for access to the labour market set out

in regulation 13(1). The words "EU Blue Card" shall be entered

in the space reserved for the "type of permit" in the residence

permit.

(4)

Where the competent authority issues an EU Blue Card

to a third-country national who has been granted international

protection by the International Protection Agency, the competent

authority shall enter the following remark in the EU Blue Card issued

to that third-country national, under the heading "Remarks"

"International protection granted by Malta on [date]". Where Malta

withdraws the international protection enjoyed by the EU Blue Card

holder, it shall, where appropriate, issue a new EU Blue Card not

containing that remark.

(5)

Where an EU Blue Card is issued by the competent

authority to a third-country national who is a beneficiary of

international protection in another Member State, the competent

authority issuing the EU Blue Card shall enter the following remark in

the EU Blue Card issued to that third-country national, under the

heading "Remarks": "International protection granted by [name of the

Member State] on [date]"

Provided that before the competent authority enters that

remark, it shall notify the Member State that is to be mentioned in that

remark that it intends to issue the EU Blue Card and request that

Member State to confirm that the EU Blue Card holder is still a

beneficiary of international protection

Provided further that the Member State that is to be

mentioned in the remark shall reply not later than one (1) month after

receiving the request for information. Where international protection

has been withdrawn by a final decision, the competent authority

issuing the EU Blue Card shall not enter that remark

Provided further that where, in accordance with the

relevant international instruments or applicable law, the responsibility

for the international protection of the EU Blue Card holder was

transferred to Malta after it issued an EU Blue Card in accordance with

the first proviso, the competent authority shall amend the remark

accordingly within three (3) months after the transfer.

(6)

Where an EU Blue Card is issued by the competent

authority on the basis of higher professional skills in occupations not

listed in the Schedule, the competent authority issuing the EU Blue

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Card shall enter the following remark in that EU Blue Card, under the

heading "Remarks": "[Occupation not listed in the Schedule]".

(7)

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 Malta; and

(b)

enjoy the rights provided for in these regulations.

(1)

An application for an EU Blue Card shall be

submitted by the employer.

(2)

An application for an EU Blue Card shall be considered

and examined when the third-country national concerned is residing

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

valid residence permit or long-stay visa.

(3)

By way of derogation from sub-regulation (2), the

competent authority may accept an application for an EU Blue Card

submitted by the employer of a third-country national who is not in

possession of a valid residence permit or long-stay visa but is legally

present in Malta.

(1)

The competent authority shall adopt a decision on

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

writing. That decision shall be adopted and notified as soon as possible

but not later than ninety (90) days after the date of submission of the

complete application.

(2)

When the documents presented or information provided

in support of the application are inadequate or incomplete, the

competent authority shall notify the applicant of the additional

documents or information that are required and shall set a reasonable

deadline for presenting or providing them. The period referred to in

sub-regulation (1), shall be suspended until the authorities have

received the additional documents or information required. If the

additional documents or information required have not been provided

within that deadline, the application shall be rejected.

(3)

Any decision to reject an application for an EU Blue

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

shall be notified in writing to the third-country national concerned and,

where relevant, to his employer. The notification shall specify the

reasons for the decision, where he may file an appeal and the

competent authority against whom an appeal may be submitted, as

well as the time limit for filing an appeal

Provided that an applicant who feels aggrieved by a

decision taken in accordance with the provisions of these regulations

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shall have the right to an appeal before the Immigration Appeals Board

established by article 25A of the Act and in accordance with the

provisions of the said Act

Provided further that an applicant who lacks sufficient

resources to appeal from a decision, shall be entitled to free legal

assistance and representation. Free legal assistance and representation

shall entail the preparation of the required procedural documents and

participation in the hearing before the Immigration Appeals Board.

(4)

An applicant shall be allowed to submit an application

for the renewal of his EU Blue Card within a period of time not

exceeding ninety (90) days prior to the date of expiration of the EU

Blue Card.

(5)

Where the validity of the EU Blue Card expires during

the renewal procedure, the third-country national shall be allowed to

stay in Malta as if he was an EU Blue Card holder until the competent

authority has taken a decision on the application for renewal.

(6)

Where the competent authority issues residence permits

for the purpose of highly qualified employment, it shall grant EU Blue

Card holders the same procedural safeguards as those provided for

under applicable schemes where the procedural safeguards under said

applicable schemes are more favourable than those provided for in

sub-regulations (1) to (5).

When issuing an EU Blue Card, the competent authority

shall not require applicants for an EU Blue Card to pay higher fees

than those imposed on applicants for national permits.

(1)

Any person who breaches any provision of these

regulations, shall be guilty of an offence and shall on conviction, be

liable to a fine (multa) not exceeding one thousand and five hundred

euro (€1,500).

(2)

When the person found guilty of an offence under these

regulations is the director, manager, secretary or other principal officer

of a body corporate, or is a person having a power of representation of

such a body or having an authority to take decisions on behalf of that

body or having authority to exercise control within that body, and the

offence of which that person was found guilty was committed for the

benefit, in part or in whole of that body corporate, the said person shall

for the purposes of these regulations be deemed to be vested with the

legal representation of the same body corporate and shall be liable to a

fine (multa) not exceeding two thousand and five hundred euro

(€2,500).

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PART III

Rights

(1)

EU Blue Card holders shall have access to highly

qualified employment in Malta under the conditions provided for in

this regulation

Provided that access to employment involving the

exercise of public authority and the responsibility for safeguarding the

general interest of the State, may be reserved to Maltese nationals,

Union Citizens or EEA citizens.

(2)

During the first twelve (12) months of legal employment

of the person concerned as an EU Blue Card holder, the competent

authority in accordance with these regulations shall

(a)

require that a change of employer or a change

which may affect the fulfilment of the criteria for admission as

set out in regulation 4 be communicated to the competent

authority; and

(b)

subject any change of employer to a verification

of the labour market situation.

(3)

The right of the EU Blue Card holder to change

employment may be suspended for a maximum of thirty (30) days

while the competent authority verifies that the conditions for

admission laid down in regulation 4 are fulfilled and that the vacancy

concerned could not be filled by the persons listed in regulation

6(1)(e). The competent authority may oppose the change of

employment within those thirty (30) days.

(4)

After the expiry of the twelve (12)-month period referred

to in sub-regulation (2), the competent authority may require only that

a change of employer or a change affecting the fulfilment of the

criteria for admission as set out in regulation 4, be communicated in

accordance with procedures laid down by the applicable law. Such a

requirement shall not suspend the right of the EU Blue Card holder to

take up and carry out the new employment.

(5)

During a period of unemployment, the EU Blue Card

holder shall be allowed to seek and take up employment in accordance

with this regulation.

(6)

The EU Blue Card holder shall communicate the

beginning and, where appropriate, the end of the period of

unemployment to the competent authority in accordance with the

relevant applicable procedures.

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(7)

Without prejudice to the criteria for admission set out in

regulation 4, the competent authority may allow EU Blue Card holders

to engage in self-employed activity in parallel to the activity in highly

qualified employment in accordance with conditions laid down in the

applicable law. This shall not affect the competence of the competent

authority for limiting the scope of the authorised self-employed

activity

Provided that any such self-employed activity shall be

subsidiary to the main activity of the EU Blue Card holder.

(8)

Where the competent authority issues a national

residence permit for the purpose of highly qualified employment, the

competent authority shall guarantee EU Blue Card holders access to

self-employed activities under not less favourable conditions than

those provided for under the relevant national scheme.

(9)

Without prejudice to the criteria for admission set out in

regulation 4, the competent authority may allow EU Blue Card holders

to engage in professional activities other than their main activity as an

EU Blue Card holder in accordance with conditions laid down in in

these regulations.

(10) This regulation is without prejudice to the principle of

preference for Union citizens where applicable under the relevant Acts

of Accession.

(1)

EU Blue Card holders shall enjoy equal treatment

as Maltese nationals as regards

(a)

terms of employment, including the minimum

working age, and working conditions, including pay and

dismissal, working hours, leave and holidays, 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 rights and benefits

conferred by such organisations, without prejudice to the

national provisions on public policy and public security;

(c)

education and vocational training

Provided that the competent authority may restrict

equal treatment as regards study and maintenance grants and

loans or other grants and loans regarding secondary and higher

education and vocational training. Access to university and

post-secondary education is subject to specific prerequisites in

accordance with the applicable law;

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(d)

recognition of diplomas, certificates and other

professional qualifications in accordance with the relevant

applicable procedures;

(e)

branches of social security referred to in article 3

of Regulation (EC) No 883/2004; and

(f)

access to goods and services and the supply of

goods and services made available to the public, including

procedures for obtaining housing, as well as information and

counselling services provided by the authority responsible for

employment

Provided that the competent authority may restrict

equal treatment as regards procedures for obtaining housing,

without prejudice to the freedom of contract in accordance with

European Union law and the Social Security Act and the

regulations made thereunder.

(2)

EU Blue Card holders relocate to a third country, or their

survivors who reside in a third country and who derive rights from an

EU Blue Card holder shall receive in relation to old age, invalidity and

death, statutory pensions based on the EU Blue Card holder’s previous

employment that were acquired in accordance with the legislation

referred to in article 3 of Regulation (EC) No 883/2004, under the

same conditions and at the same rates as Maltese nationals where such

nationals relocate to a third country.

(3)

The right to equal treatment laid down in sub-regulation

(1) is without prejudice to the right of the competent authority to

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

regulation 7.

(4)

This regulation shall not apply to EU Blue Card holders

who are beneficiaries of the right to free movement under Union law

in Maltese territory.

(5)

This regulation applies to EU Blue Card holders who are

beneficiaries of international protection only when they reside in a

Member State other than the Member State which granted them

international protection.

(6)

Where the competent authority issues residence permits

for the purpose of highly qualified employment, it shall grant EU Blue

Card holders the same equal treatment rights as those granted to

holders of residence permits, where such equal treatment rights are

more favourable than those provided for in this regulation.

(1)

The provisions of the Family Reunification

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Regulations shall apply, subject to the derogations laid down in this

regulation.

(2)

By way of derogation from regulation 3(1) and

regulation 13 of the Family Reunification Regulations, family

reunification shall not be made dependent on the EU Blue Card holder

having reasonable prospects of obtaining the right of permanent

residence, holding a residence permit for a period of validity of one (1)

year or more, or having a minimum period of residence.

(3)

By way of derogation from regulations 4(1) and (2) and

14(3) of the Family Reunification Regulations, the integration

conditions and measures referred to therein may be applied, but only

after the persons concerned have been granted family reunification.

(4)

By way of derogation from regulation 9 of the Family

Reunification Regulations, where the conditions for family

reunification are fulfilled and the complete applications were

submitted simultaneously, the decisions on the applications of family

members shall be adopted and notified at the same time as the decision

on the application for an EU Blue Card. Where the family members

join the EU Blue Card holder after the EU Blue Card has been granted

and where the conditions for family reunification are fulfilled, the

decision shall be adopted and notified as soon as possible but not later

than ninety (90) days after the date of submission of the complete

application. Sub-regulations (2) and (3) shall apply accordingly.

(5)

By way of derogation from 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

EU Blue Card insofar as the period of validity of their travel

documents allow it.

(6)

By way of derogation from regulation 15(b) of the

Family Reunification Regulations, the competent authority shall not

apply any time limit in respect of access to the labour market for

family members.

(7)

By way of derogation from regulation 15 of the Family

Reunification Regulations, and without prejudice to the restrictions

referred to in regulation 13(8), family members shall have access to

any employment, and to self-employed activity in accordance with

applicable requirements in accordance with the Employment and

Industrial Relations Act and the regulations made thereunder.

(8)

By way of derogation from regulation 16 of the Family

Reunification Regulations, for the purposes of calculation of the

duration of residence required for the acquisition of an autonomous

residence permit, residence in different Member States shall be

cumulated. The competent authority may require two (2) years of legal

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and continuous residence in the territory of the Member State where

the application for the autonomous residence permit is submitted

immediately prior to the submission of the relevant application.

(9)

This regulation shall not apply to family members of EU

Blue Card holders who are beneficiaries of the right to free movement

under Union law in Malta.

(10) This regulation shall apply to family members of EU

Blue Card holders who are beneficiaries of international protection

only when those EU Blue Card holders reside in a Member State other

than the Member State which granted them international protection.

(11) Where the competent authority issues residence permits

for the purpose of highly qualified employment, they shall grant EU

Blue Card holders and their family members the same rights as those

granted to holders of residence permits and their family members

where such rights are more favourable than those provided for in this

regulation.

(1)

The provisions of the Status of Long-term

Residents (Third Country Nationals) Regulations shall apply, subject

to the derogations laid down in this regulation.

(2)

By way of derogation from regulation 4(1) of the Status

of Long-term Residents (Third Country Nationals) Regulations, an EU

Blue Card holder who has made use of the possibility provided for in

regulation 19, may cumulate periods of residence in different Member

States in order to fulfil the requirement concerning the duration of

residence, provided that the EU Blue Card holder has accumulated

(a)

the number of years of legal and continuous

residence required in accordance with regulation 4(1) of the

Status of Long-term Residents (Third Country Nationals)

Regulations as a holder of an EU Blue Card, a residence permit

for highly qualified employment, an authorisation as researcher

or, where appropriate, an authorisation as a student in

accordance with regulation 4(2) of the Status of Long-term

Residents (Third Country Nationals) Regulations or as a

beneficiary of international protection within the territory of

Malta; and

(b)

two (2) years of legal and continuous residence as

an EU Blue Card holder within the territory of the Member

State where the application for European Union long-term

resident status is submitted immediately prior to the submission

of the relevant application.

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(3)

For the purpose of calculating the duration of legal and

continuous residence in the European Union referred to in regulation

2(a) and by way of derogation from regulation 4(3) of the Status of

Long-term Residents (Third Country Nationals) Regulations, periods

of absence from the territory of Malta shall not interrupt the duration

of legal and continuous residence in the European Union if those

periods of absence are shorter than twelve (12) consecutive months

and do not exceed in total eighteen (18) months within that duration.

(4)

By way of derogation from regulation 9(1) of the Status

of Long-term Residents (Third Country Nationals) Regulations, the

competent authority shall extend to twenty-four (24) consecutive

months the period of absence from the territory of the Union during

which a European Union long-term resident who holds a long-term

residence permit bearing the remark referred to in regulation 16(2) and

his family members having been granted EU long-term resident status

are allowed to be absent.

(5)

Regulation 14(1)(f), regulation 14(3), regulation 17 and,

where applicable, regulations 15 and 20 apply to holders of a long-

term residence permit bearing the remark referred to in regulation

17(2).

(6)

Where a European Union long-term resident who holds a

long-term residence permit bearing the remark referred to in regulation

17(2) exercises his right to relocate to a second Member State pursuant

to Part III of the Status of Long-term Residents (Third Country

Nationals) Regulations, regulations 13(3) and (4) of those regulations

shall not apply. The second Member State may apply measures in

accordance with regulation 19(8).

(1)

EU Blue Card holders who fulfil the conditions

set out in regulation 18 for the acquisition of a European Union long-

term resident status shall be issued with a residence permit in

accordance with Regulation (EC) No 1030/2002.

(2)

The competent authority shall indicate the words

"Former EU Blue Card holder" in the residence permit referred to in

sub-regulation (1) under the heading "remarks".

PART IV

Mobility between Member States

(1)

Where a third-country national who holds a valid

EU Blue Card issued by another Member State that applies the

Schengen acquis in full enters and stays in Malta for a period of ninety

(90) days in any one hundred eighty (180) day period for the purpose

of carrying out a business activity, the competent authority shall not

require any authorisation for exercising such activity other than the EU

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Blue Card.

(2)

A third-country national who holds a valid EU Blue Card

issued by another Member State that does not apply the Schengen

acquis in full, shall be entitled to enter and stay for the purpose of

carrying out a business activity in Malta for up to ninety (90) days in

any one hundred eighty (180)-day period on the basis of the EU Blue

Card and a valid travel document. Where the EU Blue Card holder

crosses an internal border for which controls have not yet been lifted

into Malta, the competent authority may require the EU Blue Card

holder to provide evidence of the business purpose of the stay. The

competent authority shall not require any authorisation for exercising

the business activity other than the EU Blue Card.

(1)

After twelve (12) months of legal residence in the

first Member State as an EU Blue Card holder, the third-country

national shall be entitled to enter, reside and work in Malta for the

purpose of highly qualified employment on the basis of the EU Blue

Card and a valid travel document in accordance with the conditions set

out in this regulation.

(2)

Where the EU Blue Card is issued by another Member

State that does not apply the Schengen acquis in full, and the EU Blue

Card holder crosses, for the purpose of long-term mobility, an internal

border for which controls have not yet been lifted into Malta, the

competent authority may require the EU Blue Card holder to present

the valid EU Blue Card issued by the first Member State and a work

contract or a binding job offer for highly qualified employment for a

period of at least six (6) months in Malta.

(3)

(a)

As soon as possible and not later than one (1)

month after the EU Blue Card holder has entered the territory of Malta,

an application for an EU Blue Card shall be submitted to the

competent authority by the employer. That application shall be

accompanied by all the documents proving the fulfilment of the

conditions referred to in sub-regulation (4).

(b)

The EU Blue Card holder shall be allowed to

commence work in Malta not later than thirty (30) days after

the date of submission of the complete application.

(c)

The application may be submitted to the

competent authority while the EU Blue Card holder is still

residing in the territory of the first Member State.

(4)

For the purposes of an application as referred to in sub-

regulation (3), the applicant shall present

(a)

the valid EU Blue Card issued by the first

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Member State;

(b)

a valid work contract or, as provided for in the

applicable law, a binding job offer for highly qualified

employment for a period of at least six (6) months in Malta;

(c)

for regulated professions, documents attesting to

the fulfilment of the conditions set in accordance with the

applicable law for the exercise by European Union citizens of

the regulated profession specified in the work contract or

binding job offer are satisfied as provided for in the applicable

law;

(d)

a valid travel document; and

(e)

evidence of meeting the salary threshold in

accordance with regulation 4(1).

(5)

With regard to paragraph (c) of sub-regulation (3), for the

purpose of applying for an EU Blue Card in Malta, EU Blue Card

holders shall enjoy equal treatment with European Union citizens as

regards recognition of professional qualifications, in accordance with

applicable Union and the applicable law

Provided that for unregulated professions, where the first

Member State has issued an EU Blue Card on the basis of higher

professional skills for occupations not listed in the Schedule, the

applicant may be required to present documents attesting to higher

professional qualifications in relation to the work to be carried out, as

provided for under the applicable law.

(6)

For the purposes of an application as referred to in sub-

regulation 3, the competent authority may require the applicant

(a)

for unregulated professions, where the EU Blue

Card holder has worked for less than two (2) years in the first

Member State, to present documents attesting to higher

professional qualifications in relation to the work to be carried

out, as provided in the applicable law;

(b)

to provide evidence of having, or if provided for

by the Social Security Act and the regulations made thereunder,

having applied for sickness insurance for all the risks normally

covered for Maltese nationals concerned for periods when no

such insurance coverage or corresponding entitlement to

benefits is provided for in connection with, or resulting from,

the work contract.

(7)

The competent authority shall reject an application for an

EU Blue Card where

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(a)

sub-regulation (4) is not complied with;

(b)

the documents presented have been fraudulently

acquired, falsified or tampered with;

(c)

the employment does not comply with the

conditions laid down under the applicable law, set in collective

agreements or established by practices as referred to in

regulation 4(2); or

(d)

the EU Blue Card holder poses a threat to public

policy, public security or public health.

(8)

In respect of any application procedure for the purpose of

long-term mobility, the procedural safeguards set out in regulations

10(2) and (3) shall apply accordingly

Provided that without prejudice to sub-regulation (4), a

decision to reject an application for long-term mobility shall take

account of the specific circumstances of the case and shall respect the

principle of proportionality.

(9)

The competent authority may reject an application for an

EU Blue Card on the basis of a verification carried out in accordance

with regulation 6(1)(e), only if that Member State carries out such

verifications when it is the first Member State.

(10) The competent authority shall adopt either of the

following decisions upon an application for an EU Blue Card

(a)

where the conditions for mobility laid down in

this regulation are fulfilled, to issue an EU Blue Card and allow

the third-country national to reside in Malta for the purpose of

highly qualified employment; or

(b)

where the conditions for mobility laid down in

this regulation are not fulfilled, to reject the application and

require the applicant and his family members, in accordance

with the procedures provided for in national law, to leave

Malta

Provided that by way of derogation from regulation 9(1),

the competent authority shall notify the applicant and the first Member

State of its decision in writing as soon as possible, but not later than

thirty (30) days after the date of submission of the complete

application.

(11) Under exceptional and duly justified circumstances

linked to the complexity of the application, the competent authority

may extend the deadline referred to in the preceding proviso by thirty

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(30) days. It shall inform the applicant of the extension not later than

thirty (30) days after the date of submission of the complete

application. In its notification to the first Member State, the competent

authority shall specify any grounds referred to in paragraphs (b) and

(d) of sub-regulation (7), for rejecting the application.

(12) Where the EU Blue Card issued by the first Member

State expires during the application procedure, the competent authority

may issue a temporary residence permit, or an equivalent

authorisation, that allows the applicant to continue to stay legally in

Malta until a decision on the application has been taken by the

competent authority.

(13) From the second time that an EU Blue Card holder and,

where applicable, his family members make use of the possibility of

relocating to another Member State under this regulation and

regulation 20, "first Member State" shall be understood as meaning the

Member State from where the person concerned relocates and "second

Member State" shall be understood as meaning the Member State in

which he is applying to reside. Notwithstanding sub-regulation (1), an

EU Blue Card holder may relocate to another Member State a second

time after six (6) months of legal residence in the first Member State as

an EU Blue Card holder.

(1)

Where an EU Blue Card holder moves to Malta in

accordance with regulation 19 and where the EU Blue Card holder’s

family was already constituted in the first Member State, the members

of his family shall be entitled to accompany or join the EU Blue Card

holder

Provided that the Family Reunification Regulations and

regulation 15 shall apply in the cases referred to in sub-regulation (1),

subject to the derogations provided for in sub-regulations (2) to (7)

Provided further that where the family was not already

constituted in the first Member State, regulation 15 shall apply.

(2)

By way of derogation from regulation 14(1) of the

Family Reunification Regulations, the EU Blue Card holder’s family

members shall be entitled to enter and stay in Malta on the basis of the

valid residence permits obtained in the first Member State as family

members of an EU Blue Card holder

Provided that where the residence permits of the family

members are issued by a Member State that does not apply the

Schengen acquis in full, and those family members join the EU Blue

Card holder when crossing an internal border for which controls have

not yet been lifted for the purpose of relocating to Malta, the

competent authority may require the family members to present the

residence permits they obtained in the first Member State as family

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members of the EU Blue Card holder.

(3)

By way of derogation from regulation 8 of the Family

Reunification Regulations, not later than one (1) month after entering

Malta, the family members concerned or the EU Blue Card holder,

shall submit an application for a residence permit as a family member

to the competent authority in accordance with these regulations

Provided that where the residence permit of a family

member issued by the first Member State expires during the procedure

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

competent authority shall allow the family member to stay in Malta

until a decision on the application has been taken by the competent

authority, if necessary by issuing a temporary residence permit or an

equivalent authorisation.

(4)

By way of derogation from regulation 6 and regulation

12 of the Family Reunification Regulations, the competent authority

shall require the family members concerned to present or provide with

their application for a residence permit

(a)

their residence permit in the first Member State

and a valid travel document, or certified copies thereof;

(b)

evidence that they have resided as members of the

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

(c)

documentary evidence as referred to in regulation

12 of the Family Reunification Regulations.

(5)

Where the conditions set out in this regulation are

fulfilled and the applications were submitted simultaneously, the

competent authority shall issue the residence permits for family

members at the same time as the EU Blue Card

Provided that by way of derogation from regulation

15(4), where the conditions set out in this regulation are fulfilled and

the family members join the EU Blue Card holder after the EU Blue

Card has been granted, residence permits for the family members shall

be granted not later than thirty (30) days after the date of submission of

the complete application

Provided further that in duly justified circumstances

linked to the complexity of the application, the period of thirty (30)

days may be extended by a maximum of another thirty (30) days.

(6)

This regulation applies to family members of EU Blue

Card holders who are beneficiaries of international protection only

when those EU Blue Card holders move to reside in a Member State

other than the Member State which granted them international

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protection.

(7)

This regulation shall not apply to family members of EU

Blue Card holders who are beneficiaries of the right to free movement

under European Union law in Malta.

(1)

Notwithstanding regulation 7(1)(a) and regulation

7(1)(e), where an EU Blue Card holder relocates to another Member

State in accordance with regulation 19, the first Member State shall not

withdraw the EU Blue Card before the second Member State has taken

a decision on the application for long-term mobility.

(2)

Where the second Member State rejects the application

for an EU Blue Card in accordance with regulation 19(10)(b), the first

Member State shall, at the request of the second Member State, allow

the re-entry of the EU Blue Card holder and, where applicable, of his

family members, without formalities and without delay. This shall also

apply if the EU Blue Card issued by the first Member State has expired

or has been withdrawn during the examination of the application.

(3)

The EU Blue Card holder or the employer in the second

Member State may be held liable for the costs related to the re-entry of

the EU Blue Card holder and of his family members as referred to in

sub-regulation (2).

(4)

Where a Member State withdraws or does not renew an

EU Blue Card which bears the remark referred to in regulation 8(5)

and decides to expel the third-country national, it shall request the

Member State indicated in that remark to confirm that the person

concerned is still a beneficiary of international protection in that

Member State. The Member State indicated in that remark shall reply

within one (1) month after receiving the request for information.

(5)

Where the third-country national is still a beneficiary of

international protection in the Member State indicated in that remark,

that person shall be expelled to that Member State which shall, without

prejudice to the applicable European Union or national law and to the

principle of family unity, immediately allow the re-entry without

formalities, of that person and his family members.

(6)

By way of derogation from the sub-regulation (5), the

Member State which adopted the expulsion decision shall retain the

right to remove the third-country national, in accordance with its

international obligations, to a country other than the Member State

which granted international protection, where the conditions specified

in article 14(2) of the International Protection Act are fulfilled with

respect to that third-country national.

(7)

Where an EU Blue Card holder or his family members

cross the external border of a Member State that applies the Schengen

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acquis in full, that Member State shall consult the Schengen

Information System in accordance with Regulation (EU) 2016/399.

That Member State shall refuse entry for persons for whom an alert for

the purposes of refusing entry and stay has been issued in the

Schengen Information System.

(1)

The competent authority shall make easily

accessible to applicants for an EU Blue Card information on the

documentary evidence needed for an application, as well as

information on entry and residence conditions applicable to third-

country nationals falling under the scope of these regulations and to

their family members, including their rights and obligations and the

procedural safeguards. That information shall include information on

the salary thresholds set in accordance with the applicable law.

(2)

That information shall also include information on

(a)

business activities in the territory of Malta in

which an EU Blue Card holder from another Member State as

referred to in regulation 21 is allowed to engage; and

(b)

the procedures applicable to obtaining an EU Blue

Card and residence permits for family members in a second

Member State, in accordance with these regulations.