L.S. 217.15(R) Regolamenti dwar il-Kondizzjonijiet ta’ Dħul u Residenza ta’ Ċittadini ta’Pajjiżi Terzi għall-Finijiet ta’ Impjieg bi Kwalifiki Għolji

(1)The title of these regulations is Conditions of Entry and Residence of Third-Country Nationals for the purpose of Highly Qualified Employment Regulations. Citation and scope.

(2)These regulations transpose Council Directive 2009/50/EC of the 25 t h May 2009 regarding the conditions of entry and residence of third-country nationals for the purpose of highly qualified employment.

(3)The scope of these regulations is to determine: (

1. a)the conditions of entry and residence for more than three months in the territory of the Member States of third-country nationals for the purpose of highly qualified employment as EU Blue Card holders, and of their family members; and (
2. b)the conditions for entry and residence of third-country nationals and of their family members under paragraph (
3. a)in Member States other than the first Member State. 2. For the purpose of these regulations: "Act" means the Immigration Act; "Board" means the Immigration Appeals Board constituted by article 25A of the Act; "Director" means the Director for Citizenship and Expatriate Affairs; "employment licence" means the licence referred to in article 11

(3)of the Act; "EU Blue Card" means the authorisation bearing the term ‘EU Blue Card’ as the type of permit which shall be issued in the uniform format as laid down in Council Regulation (EC) No. 1030/ 2002, entitling its holder to reside and work in the territory of Malta under the terms of these regulations; *These regulations have been repealed by Legal Notice 303 of 2023. Definitions. Cap. 217. 2 S.L. 217.06 [ S.L.217.15 CONDITIONS OF ENTRY AND RESIDENCE OF THIRDCOUNTRY NATIONALS FOR THE PURPOSE OF HIGHLY QUALIFIED EMPLOYMENT "family members" means third-country nationals as defined in regulation 4

(1)of the Family Reunification Regulations; "first Member State" means the Member State which first grants a third-country national an ‘EU Blue Card’ other than Malta: Provided that, for the purposes of regulation 17, from the second time that an EU Blue Card holder and, where applicable, his family members, makes use of the possibility to move to another Member State under the terms of Part V, ‘first Member State’ shall b e un d e r s t oo d a s th e M e m b e r St a t e f r o m w he r e th e p e r s o n concerned moves; "gross annual salary" means the average annual gross salary published by the National Statistics Office in the Labour Force Survey; "higher education qualification" means any diploma, certificate or other evidence of formal qualifications issued by a competent authority attesting the successful completion of a post-secondary higher education programme, namely a set of courses provided by an educational establishment recognised by the Malta Qualifications Recognition Information Centre, any other centre which is a member of the ENIC/NARIC networks and as listed by the ENIC/NARIC networks, as a higher education institution by the State in which it is situated: Provided that for the purposes of these regulations, a higher education qualification shall be taken into account, on condition that the studies needed to acquire it lasted at least three years; "higher professional qualifications" means qualifications attested by evidence of higher education qualifications or, by way of derogation, when provided for by national law, attested by at least ten years of professional experience of a level comparable to higher education qualifications to be recognised by the relevant national competent authority as mentioned in the Schedule, and which is relevant in the profession or sector specified in the work contract or binding job offer; "highly qualified employment" means the employment of a person who: Cap. 452. (a) is protected as an employee under the Employment and Industrial Relations Act, irrespective of the legal relationship, for the purpose of exercising genuine and effective work for, or under the direction of, someone else; (b) is paid; and (c) has the required adequate and specific competence, as proven by higher professional qualifications; "ISCO" means International Standard Classification of Occupations; "professional experience" means the actual and lawful pursuit of the profession concerned, CONDITIONS OF ENTRY AND RESIDENCE OF THIRDCOUNTRY NATIONALS FOR THE PURPOSE OF HIGHLY QUALIFIED EMPLOYMENT [ S.L.217.15 "regulated profession" means a regulated profession as defined in regulation 3

(1)(a) of the Recognition of Professional Qualifications Regulations; 3 S.L. 451.03 "third-country national" means any person who is not a citizen of the European Union within the meaning of article 20 of the Treaty on the Functioning of the European Union. 3.

(1)These regulations shall apply to third-country nationals who apply to be admitted to Malta for the purpose of highly qualified employment under the terms of these regulations.

(2)Applicability of these regulations. These regulations shall not apply to third-country nationals: (

1. a)who are authorized to reside in a Member State on the basis of temporary protection or have applied for authorization to reside on that basis and are awaiting a decision on their status; (
2. b)who are beneficiaries of international protection under Council Directive 2004/83/EC of 29 April 2004 on minimum standards for the qualification and status of third-country nationals or stateless persons as refugees or as persons who otherwise need international protection and the content of the protection granted and the International Protection Act and subsidiary legislation made thereunder, or have applied for international protection under that Directive and whose application has not yet given rise to a final decision; Cap. 420. (
3. c)who are beneficiaries of protection in accordance with national law or practice, or international obligations, or have applied for protection in accordance with national law or practice, or international obligations, and whose application has not given rise to a final decision; and (
4. d)who apply to reside in a Member State as researchers, within the meaning of Directive 2005/71/EC, in order to carry out a research project and who apply to reside in Malta as researchers, within the meaning of the Third-Country Nationals for Scientific Research Purposes (Specific Admittance Procedure) Regulations; (
5. e)who are family members of Union citizens who have exercised, or are exercising, their right to free movement within the Community in conformity with Directive 2004/38/EC of the European Parliament and of the Council of 29 April 2004 on the right of citizens of the Union and their family members to move and reside freely within the territory of the Member States or have exercised their right of free movement in Malta in accordance with the Free Movement of European Union Nationals and their Family Members Order; S.L. 217.10 S.L. 460.17 4 CONDITIONS OF ENTRY AND RESIDENCE OF THIRDCOUNTRY NATIONALS FOR THE PURPOSE OF HIGHLY QUALIFIED EMPLOYMENT [ S.L.217.15 (
6. f)S.L. 217.05. who enjoy EC long-term resident status in a Member State in accordance with Directive 2003/109/EC and the provisions of the Status of Long-term Residents (Third-Country Nationals) (Amendment) Regulations and exercise their right to reside in Malta in order to carry out an economic activity in an employed or selfemployed capacity; (
7. g)who enter a Member State under commitments contained in an international agreement facilitating the entry and temporary stay of certain categories of trade and investment-related natural persons; (
8. h)who have been admitted to the territory of a Member State as seasonal workers; S.L. 452.82 (
9. i)whose expulsion has been suspended for reasons of fact or law; and (
10. j)who are covered by the Posting of Workers in Malta Regulations as long as they are posted in Malta.

(3)These regulations shall not apply to third-country nationals and their family members, whatever their nationality, who, under agreements between the Community and the Member States and those third countries, enjoy rights of free movement equivalent to those of Union citizens.

(4)These regulations shall be without prejudice to any agreement with one or more third countries that lists the professions which should not fall under these regulations in order to assure ethical recruitment, in sectors suffering from a lack of personnel, by protecting human resources in the developing countries which are signatories to these agreements. PART II CONDITIONS OF ADMISSION Criteria for admission. Cap. 452. 4. A third-country national shall submit an application for an EU Blue card, endorsed by his employer, to the Director and shall: (

1. a)present a contract of employment or a statement containing the conditions of employment in terms of the Employment and Industrial Relations Act and regulations issued thereunder, for a minimum period of one year in Malta which contract of employment or statement shall show that the gross annual salary, resulting from the monthly or annual salary specified in the employment contract or statement, shall not be inferior to a relevant salary threshold defined and published for that purpose by Malta, which shall be at least 1.5 times the average gross annual salary in Malta: Provided that, where the Minister responsible for employment, from time to time, determines a particular need of third-country national workers and which belong to the major groups 1 and 2 of ISCO, the CONDITIONS OF ENTRY AND RESIDENCE OF THIRDCOUNTRY NATIONALS FOR THE PURPOSE OF HIGHLY QUALIFIED EMPLOYMENT [ S.L.217.15 5 salary threshold may be at least 1.2 times the average gross annual salary in Malta. In this case, the Minister responsible for employment shall communicate each year to the Commission the list of the professions for which a derogation has been decided; (
2. b)present a document attesting fulfilment of the conditions set out for the exercise by Union citizens of the regulated profession specified in the contract of employment or statement containing the conditions of employment; (
3. c)for unregulated professions, present the documents attesting the relevant higher professional qualifications in the occupation or sector specified in the contract of employment or statement containing the conditions of employment; (
4. d)present a valid travel document, an application for a visa or a visa, if required, and evidence of a valid residence permit or of a national long-term visa, if appropriate. The Director may require the period of validity of the travel document to cover at least the initial duration of the residence permit; (
5. e)present evidence of having or, having applied for a sickness insurance for all the risks for periods where no such insurance coverage and corresponding entitlement to benefits are provided in connection with, or resulting from, the work contract; (
6. f)present his address in Malta, where available; and (
7. g)not be considered to pose a threat to public policy, public security or public health. 5. These regulations shall not affect the right of the Minister responsible for employment to determine the volume of admission of third-country nationals entering Malta, for the purposes of highly qualified employment, in line with Malta’s labour market requirements. Volumes of admission. PART III EU BLUE CARD, PROCEDURE AND TRANSPARENCY 6.

(1)A third-country national who has applied and fulfils the requirements set out in regulation 4, and for whom the competent authorities have taken a positive decision in accordance with regulation 7, shall be issued with an EU Blue Card and, where applicable, the pertinent authorities grant the third-country national every facility to obtain the requisite visas.

(2)The EU Blue Card shall be valid for a period of, at least, one year: Provided that in the case of a renewal of an EU Blue Card for the duration of the remaining period of the work contract, where this is less than a year, it shall be renewed for the said remaining period with an additional validity of three months. EU Blue Card. 6 CONDITIONS OF ENTRY AND RESIDENCE OF THIRDCOUNTRY NATIONALS FOR THE PURPOSE OF HIGHLY QUALIFIED EMPLOYMENT [ S.L.217.15

(3)The Director shall issue the third-country national an EU Blue Card indicating thereon the conditions for access to the labour market.

(4)During the period of its validity, the EU Blue Card shall entitle its holder to: (

1. a)enter, re-enter and stay in the territory of the Member State issuing the EU Blue Card; and (
2. b)the rights recognised in these regulations. Grounds for refusal. 7.

(1)The Director shall reject an application for an EU Blue Card whenever the applicant does not meet the conditions set out in regulation 4 or whenever the documents presented have been fraudulently acquired, or falsified or tampered with.

(2)The Minister responsible for employment shall examine the situation of the labour market, apply national procedures regarding the requirements for filling a vacancy and the provisions of article 11 of the Act, and the Director, before taking the decision on an application for an EU Blue Card, and when considering renewals or authorisations pursuant to regulations 11

(1)and

(2), during the first two years of legal employment as an EU Blue Card holder, shall base his decision thereon.

(3)The Minister responsible for employment may verify whether the vacancy concerned may be filled by: (

1. a)a Maltese national, or (
2. b)citizens of other Member States of the European Union who are entitled to equal treatment to Maltese citizens in matters of employment by virtue of EU legislation and Treaty provisions dealing with the free movement of workers; or (
3. c)a third-country national lawfully resident in Malta and already forming part of its labour market by virtue of EU or Maltese law; or L.S. 217.05. (
4. d)by an EC long-term resident wishing to move to Malta for highly qualified employment in accordance with the provisions of Part III of the Status of Long-term Residents (Third Country Nationals) Regulations.

(4)An application for an EU Blue Card may also be considered as inadmissible on the grounds of regulation 5.

(5)The Director may reject an application for an EU Blue Card in order to ensure ethical recruitment in sectors suffering from a lack of qualified workers in the countries of origin.

(6)The Director may reject an application for an EU Blue Card if the employer has been sanctioned for undeclared work and, or illegal employment in accordance with these regulations. Withdrawal or nonrenewal of the EU Blue Card. 8.

(1)The Director shall withdraw or refuse to renew an EU Blue Card issued on the basis of these regulations in the following cases: CONDITIONS OF ENTRY AND RESIDENCE OF THIRDCOUNTRY NATIONALS FOR THE PURPOSE OF HIGHLY QUALIFIED EMPLOYMENT [ S.L.217.15 7 (

1. a)when it has been fraudulently acquired, or has been falsified or tampered with; or (
2. b)wherever it appears that the holder did not meet or no longer meets the conditions for entry and residence laid down in these regulations or is residing for purposes other than that for which the holder was authorised to reside; or (
3. c)when the holder has not respected the limitations set out in regulations 11

(1)and

(2)and 12: Provided that the lack of communication pursuant to regulations 11

(3)and 12

(4)shall not be considered to be a sufficient reason for withdrawing or not renewing the EU Blue Card if the holder can prove that the communication did not reach the competent authorities for a reason independent of the holder's will.

(2)The Director may withdraw or refuse to renew an EU Blue Card issued on the basis of these regulations in the following cases: (

1. a)for reasons of public policy, public security or public health; or (
2. b)wherever the EU Blue Card holder does not have sufficient resources to maintain himself and the members of his family, without having recourse to Malta’s social assistance system. The Director shall evaluate these resources by reference to their nature and regularity and may take into account the level of average national wages and pensions as well as the number of family members of the person concerned. Such evaluation shall not take place during the period of unemployment referred to in regulation 12; or (
3. c)if the person concerned has not communicated his address; or (
4. d)when the EU Blue Card holder applies for social assistance, provided that the appropriate written information has been provided to him in advance by the competent authorities. 9.

(1)The application shall be considered and examined either when the third-country national concerned is residing outside Malta or when he is already residing in Malta as holder of a valid residence permit or national long-stay visa. Applications for admission.

(2)The third-country national may submit an application when he is not in possession of a valid residence permit but is legally present in Malta. 10.

(1)The Director shall adopt a decision on the complete application for an EU Blue Card and notify the applicant in writing, of the decision, as soon as possible and, in any event, not later than ninety days from when the application was lodged: Provided that, in the event that the Director fails to give a Procedural safeguards. 8 [ S.L.217.15 CONDITIONS OF ENTRY AND RESIDENCE OF THIRDCOUNTRY NATIONALS FOR THE PURPOSE OF HIGHLY QUALIFIED EMPLOYMENT decision within the period specified, the application shall automatically be passed on for appeal to the Board.

(2)Where the information or documents supplied in support of the application are inadequate, the Director shall notify the applicants of the additional information that is required and set a reasonable deadline for providing it. The period referred to in subregulation

(1)shall be suspended until the Director has received the additional information or documents required. If additional information or documents have not been provided within the deadline, the application may be rejected.

(3)(

1. a)Any decision rejecting an application for an EU Blue Card, a decision not to renew or to withdraw an EU Blue Card, shall be notified in writing to the applicant. (
2. b)When notifying the applicant of his decision, the Director shall specify reasons for rejecting the application for an EU Blue Card or withdrawing an EU Blue Card and shall inform him about the reasons for the decision, the possible redress procedures available and the time limit for taking action. PART IV RIGHTS Labour market access. 11.

(1)For the first two years of legal employment in Malta as an EU Blue Card holder, access to the labour market for the person concerned shall be restricted to the exercise of paid employment activities which meet the conditions for admission set out in regulation 4.

(2)For the first two years of legal employment in Malta as an EU Blue Card holder changes in employer and modifications that affect the conditions for admission shall be subject to the prior authorisation, by means of an employment licence, in accordance with the relevant provisions of regulation 7 and within the time limits set out in regulation 10

(1).

(3)Without prejudice to any other obligations as may be established by any other law, after the first two year period referred to in sub-regulations

(1)and

(2), the EU Blue Card holder shall submit an application to the Director to communicate changes that affect the conditions of regulation 4.

(4)Access to employment for the EU Blue Card holder shall be restricted in cases where: (

1. a)such employment activities which entail occasional involvement in the exercise of public authority and the responsibility for safeguarding the general interest of Malta and where, in accordance with existing national or Community law, these activities are reserved to nationals; (
2. b)employment activities in cases where, in accordance with existing national or Community law, these activities are reserved to nationals, Union citizens or CONDITIONS OF ENTRY AND RESIDENCE OF THIRDCOUNTRY NATIONALS FOR THE PURPOSE OF HIGHLY QUALIFIED EMPLOYMENT [ S.L.217.15 9 EEA citizens.

(5)Access to the labour market shall be without prejudice to the principle of Community preference as expressed in the relevant provisions of the Acts of Accession of 2003 and 2005, in particular with respect to the rights of nationals of the Member States to access the labour market. 12.

(1)Unemployment in itself shall not constitute a reason for withdrawing an EU Blue Card, unless the period of unemployment exceeds three consecutive months, or if it occurs more than once during the period of validity of an EU Blue Card. Temporary unemployment.

(2)During the period referred to in sub-regulation

(1), the EU Blue Card holder shall be allowed to seek and take up employment under the conditions set out in regulation 11.

(3)The EU Blue Card holder shall be entitled to remain in Malta until the necessary authorisation pursuant to regulation 11

(2)has been granted or denied. The date of authorisation and communication referred to in regulations 11

(2)and

(3)shall automatically end the period of unemployment.

(4)The EU Blue Card holder shall communicate the beginning of the period of unemployment to the Director, after having complied with the procedures as set out in the Manpower Records (Commencement or Termination of Employment) Regulations. 13. Without prejudice to the right of the Director to withdraw or refuse to renew the EU Blue Card in accordance with the provisions of regulation 8, EU Blue Card holders shall enjoy equal treatment as Maltese nationals, which shall be as regards: S.L. 594.17. Equal treatment. Amended by: II.2020.28. (

1. a)working conditions, including pay and dismissal, as well as health and safety requirements at the workplace; (
2. b)freedom of association and affiliation and membership of an organisation representing workers or employers or of any organisation whose members are engaged in a specific occupation, including the benefits conferred by such organisations, without prejudice to the national provisions on public policy and public security; (
3. c)education and vocational training: Provided that such equal treatment shall not include study and maintenance grants and loans or other grants and loans regarding secondary and higher education and vocational training: Provided further that: (
4. i)access to university and post-secondary education may be subject to specific prerequisites in accordance with the Further and Higher Education Act; (ii)the Member State concerned may restrict equal treatment to cases where the registered or usual Cap.607. 10 CONDITIONS OF ENTRY AND RESIDENCE OF THIRDCOUNTRY NATIONALS FOR THE PURPOSE OF HIGHLY QUALIFIED EMPLOYMENT [ S.L.217.15 place of residence of the EU Blue Card holder, or that of the family member for whom benefits are claimed, lies within Malta; (iii) recognition of diplomas, certificates and other professional qualifications in accordance with the relevant national procedures; (
5. d)provisions in national law regarding the branches of social security as defined in Regulation (EEC) No. 1408/71. The special provisions in the Annex to Regulation (EC) No. 859/2003 shall apply accordingly; (
6. e)without prejudice to existing bilateral agreements, payment of income-related acquired statutory pensions in respect of old age, at the rate applied by virtue of the law of the debtor Member State(
7. s)when moving to a third country; (
8. f)access to goods and services and the supply of goods and services made available to the public as well as information and counselling services afforded by employment offices: Provided that such access to goods and services shall not include procedures for obtaining housing: Provided further that this paragraph shall be without prejudice to the freedom of contract in accordance with Community and national law; (
9. g)free access to the entire territory of the Member State concerned, within the limits provided for by national law. Family members. S.L.217.06. 14.

(1)The provisions Regulations shall apply: of the Family Reunification Provided that the provisions of regulations 5

(2)and 13 of the Family Reunification Regulations, family reunification shall not be made dependent on the requirement of the EU Blue Card holder having reasonable prospects of obtaining the right of permanent residence and having a minimum period of residence. S.L. 217.06. S.L. 217.06. S.L. 217.06.

(2)Notwithstanding the provisions of Part III and Part IV of the Family Reunification Regulations, the integration conditions and measures referred to therein may only be applied after the persons concerned have been granted family reunification.

(3)Notwithstanding the provisions of regulation 9 of the Family Reunification Regulations, residence permits for family members shall be granted, where the conditions for family reunification are fulfilled, at the latest within six months from the date on which the application was lodged.

(4)Notwithstanding the provisions of regulation 14

(2)of the Family Reunification Regulations, the duration of validity of the residence permits of family members shall be the same as that of the residence permits issued to the EU Blue Card holder insofar as CONDITIONS OF ENTRY AND RESIDENCE OF THIRDCOUNTRY NATIONALS FOR THE PURPOSE OF HIGHLY QUALIFIED EMPLOYMENT [ S.L.217.15 11 the period of validity of their travel documents allow it.

(5)Notwithstanding the provisions of regulation 15(b) of the Family Reunification Regulations, no time limit in respect of access to the labour market shall apply. 15.

(1)The provisions of the Long-Term Residents (ThirdCountry Nationals) Regulations shall apply.

(2)A third-country national who has been issued with an EU Blue Card by one or more Member States and, having made use of the possibility provided for in regulation 17, is allowed to cumulate periods of residence in different Member States in order to fulfil the requirement concerning the duration of residence provided for in regulation 4

(1)of the Status of Long-term Residents (ThirdCountry Nationals) Regulations, if the following conditions are met: S.L. 217.06. EC long-term resident status for EU Blue Card holders. S.L. 217.05. (

1. a)five years of legal and continuous residence within the territory of the European Union as an EU Blue Card holder; and (
2. b)immediately prior to the submission of the relevant application, the third-country national has resided legally and continuously in Malta for two years as an EU Blue Card holder.

(3)For the purposes of these regulations only, and without prejudice to the provisions of regulation 4

(3)of Status of Longterm Residents (Third-Country Nationals) Regulations, for the purpose of calculating the period of legal and continuous residence in the Community, periods of absence from the territory of the European Union shall not interrupt the period referred to in subregulation

(2)(a) if they are shorter than twelve consecutive months and do not exceed in total eighteen months within the period referred to in sub-regulation

(2)(

1. a)when such absence is due to: S.L. 217.05. (
2. a)the exercise of an economic activity in an employed or self-employed capacity; or (
3. b)the performance of a voluntary service; or (
4. c)study purposes in the country of origin of the thirdcountry national.

(4)Notwithstanding the provisions of regulation 9

(1)(c) of the St a t u s o f L o n g - t e r m R e s i d e n t s ( T h i r d - C o u n t r y N a t i o n a l s ) Regulations, a third-country national who has been granted a residence permit under regulation 16, shall lose his long-term residence permit status if he is absent from the territory of the Union for a period of twenty-four consecutive months.

(5)The provisions of sub-regulation

(4)shall apply to the family members who have been granted long-term residence of the third-country national.

(6)Regulations 13(e) and 14 shall continue to apply to holders of a long-term residence permit with the remark referred to in regulation 16, where applicable, after the EU Blue Card holder has become an EC long-term resident. S.L. 217.

1. 12 [ S.L.217.15 Long-term residence permit. S.L. 217.
2. CONDITIONS OF ENTRY AND RESIDENCE OF THIRDCOUNTRY NATIONALS FOR THE PURPOSE OF HIGHLY QUALIFIED EMPLOYMENT
3. The Director shall issue a residence permit, in accordance with regulation 9 of the Status of Long-term Residents (ThirdCountry Nationals) Regulations to the EU Blue Card holder who fulfils the conditions of regulation 15: Provided that under the heading ‘remarks’, the phrase ‘Former EU Blue Card holder’ shall be entered. PART V MOBILITY OF EU BLUE CARD HOLDERS Conditions. 17.

(1)Subject to the provisions of regulations 4 and 5, a third-country national who has been granted an EU Blue Card in the first Member State may apply for admission to Malta in accordance with these regulations, if he has been in the first Member State for at least eighteen months prior to the date of application: Provided that as soon as possible and no later than one month after entering Malta, the EU Blue Card holder shall present an application for an EU Blue Card, endorsed by his employer, to the Director and present all the documents proving the fulfilment of the conditions set out in regulation 4: Provided further that the applicant shall be prohibited to work pending a positive decision on his application: Provided finally that when the EU Blue Card holder moves to Malta in accordance with this regulation and a positive decision on the issuing of an EU Blue Card has not yet been taken, equal treatment shall be limited in the areas listed in regulation 13, with the exception of regulation 13(b) and (c).

(2)The Director may also accept an application while the EU Blue Card holder is still residing in the territory of the first Member State.

(3)In accordance with the procedures set out in regulation 10, the Director shall process the application and inform in writing the applicant and the first Member State of its decision to: (

1. a)issue an EU Blue Card and allow the applicant to reside on its territory for highly qualified employment where the conditions set in this regulation are fulfilled and under the conditions set out in regulations 6 to 13; or (
2. b)refuse to issue an EU Blue Card and oblige the applicant and his family members, in accordance with the provisions of the Act and legislation made thereunder, to leave Malta where the conditions set out in this regulation are not fulfilled.

(4)If the EU Blue Card issued by the first Member State expires during the procedure, the Director or other responsible authorities may issue temporary residence permits or equivalent authorisations, allowing the applicant to continue to stay legally in Malta until a decision on the application has been taken. CONDITIONS OF ENTRY AND RESIDENCE OF THIRDCOUNTRY NATIONALS FOR THE PURPOSE OF HIGHLY QUALIFIED EMPLOYMENT [ S.L.217.15 13

(5)The EU Blue Card holder and his employer may be held responsible for the costs related to the return and readmission of the said Blue Card holder and his family members, including costs incurred by public funds, where applicable, pursuant to regulation 3(b). 18.

(1)When the EU Blue Card holder moves to Malta in accordance with regulation 17 and when the family was already constituted in the first Member State, the members of his family shall be authorised to accompany or join him in Malta.

(2)No later than one month after entering Malta, the family members shall submit an application for a residence permit as a family member, to the Director: Provided that where the residence permit of the family members issued by the first Member State expires during the procedure or no longer entitles the holder to reside legally in Malta, the Director shall allow the person to stay in Malta, if necessary by issuing temporary residence permits, or equivalent authorisations, allowing the applicant to continue to stay legally in Malta with the EU Blue Card holder until a decision on the application has been taken.

(3)The Director shall require the family members concerned to present with their application for a residence permit: (

1. a)their residence permit in the first Member State and a valid travel document, or their certified copies, as well as a visa, if required; (
2. b)evidence that they have resided as members of the family of the EU Blue Card holder in the first Member State; (
3. c)evidence that they have a sickness insurance covering all risks in Malta, or that the EU Blue Card holder has such insurance for them.

(4)The Director shall require the EU Blue Card holder to provide evidence that he has: (

1. a)accommodation regarded as normal for a comparable family in Malta and which meets the general health and safety standards in Malta; (
2. b)stable and regular resources which are sufficient to maintain himself and the members of his family, without recourse to the social assistance system in Malta and which would be equivalent to, at least, the average wage in Malta with an addition of another twenty percent income or resources for each member of the family.

(5)Derogations contained in regulation 14 shall continue to apply mutatis mutandis.

(6)Where the family was not already constituted in the first Member State, regulation 14 shall apply. Residence in the Second Member State for family members. 14 [ S.L.217.15 Conditions of readmission of third-country nationals granted an EU Blue Card by Malta. CONDITIONS OF ENTRY AND RESIDENCE OF THIRDCOUNTRY NATIONALS FOR THE PURPOSE OF HIGHLY QUALIFIED EMPLOYMENT 19.

(1)The Principal Immigration Officer shall immediately readmit a third-country national holding an EU Blue Card issued by Malta, and his family, without formalities, if such EU Blue Card holder, after having been refused the issue of an EU Blue Card by another Member State, was obliged to return to Malta.

(2)The provisions of sub-regulation

(1)shall also apply if the EU Blue Card issued by Malta has expired or has been withdrawn, during the examination of the application by the second Member State.

(3)Upon readmission, the provisions of regulation 12 shall apply. CONDITIONS OF ENTRY AND RESIDENCE OF THIRDCOUNTRY NATIONALS FOR THE PURPOSE OF HIGHLY QUALIFIED EMPLOYMENT SCHEDULE (Regulation 2) Malta Tourism Authority [ S.L.217.15 15 Amended by: XXV. 2015.41. - Quality Assurance Directorate - Personnel Licensing Unit Authority for Transport in Malta - Registrar General of Shipping and Seamen Authority for Transport in Malta - Public Transport Directorate - Licensing & Testing Directorate Malta Financial Services Authority Accountancy Board Department of Civil Aviation Malta Communications Authority Port Workers Board Council for the Professions Complementary to Medicine Pharmacy Council Council for Midwives and Nurses Medical Council Social Work Profession Board Malta Psychology Board Department of Industrial and Employment Relations Engineering Board Masons Board Malta Resources Authority / Regulator for Energy and Water Services Bord tal-Warrant tal-Periti Veterinary Surgeons Council Ministry for Justice and Home Affairs Commissioner of Police Office of the Notary to Government Council for the Teaching Profession