PROCEDURE FOR THE INSPECTION OF ILLEGALLY STAYING AND ILLEGALLY EMPLOYED THIRD-COUNTRY NATIONALS AND THE MONITORING OF THIRD COUNTRY NATIONALS ENROLLED IN EDUCATIONAL ESTABLISHMENTS [ S.L. 217.24 SUBSIDIARY LEGISLATION 217.24 PROCEDURE FOR THE INSPECTION OF ILLEGALLY STAYING AND ILLEGALLY EMPLOYED THIRDCOUNTRY NATIONALS AND THE MONITORING OF THIRD COUNTRY NATIONALS ENROLLED IN EDUCATIONAL ESTABLISHMENTS REGULATIONS 4th June, 2019 LEGAL NOTICE 112 of
- The title of these regulations is the Procedure for the Inspection of Illegally Staying and Illegally Employed Third-country Nationals and the Monitoring of Third Country Nationals enrolled in Educational Establishments Regulations. Citation.
- requires: In these regulations, unless the context otherwise Interpretation. "the Act" means the Immigration Act; Cap. 217 "the Agency" means Identity Malta Agency established by the Identity Malta Agency (Establishment) Order; S.L.497.
- "employment licence" means a licence issued under article 11
(3)of the Act; "illegally employed third-country national" means a third-country national who is not in possession of an employment licence; "illegally staying third-country national" means a thirdcountry national present in Malta, who does not fulfil, or no longer fulfils, the conditions for stay or residence in Malta; "Minister" immigration; means the Minister responsible for "reporting unit" means the unit and its officers within Identity Malta entrusted with the inspection of illegally staying and illegally employed third-country nationals, in accordance with the Minimum Standards on Sanctions and Measures Against Employers of Illegally Staying Third Country Nationals Regulations and the monitoring of third country nationals enrolled in educational establishments; S.L. 217.
- 1 2 PROCEDURE FOR THE INSPECTION OF ILLEGALLY STAYING AND ILLEGALLY EMPLOYED THIRD-COUNTRY NATIONALS AND THE MONITORING OF THIRD COUNTRY NATIONALS ENROLLED IN EDUCATIONAL ESTABLISHMENTS [ S.L. 217.24 S.L. 460.
- "residence permit" includes a permit issued under the Act and subsidiary legislation authorizing a third country national, who is not a dependent upon a citizen of the European Union as defined by the provisions of Free Movement of European Union Nationals and their Family Members Order, to reside in Malta; "student" means a third country national who has been authorized to reside in Malta on the basis of national legislation or policies; "third-country national" means any person who is not a national of the European Union within the meaning of Article 20
(1)of the Treaty on the Functioning of the European Union and who is not enjoying the Community right of free movement, as defined in Article 2
(5)of Regulation (EU) 2016/ 399 of the European Parliament and of the Council of 9 March 2016 on a Union Code on the rules governing the movement of persons across borders (Schengen Borders Code); "visa" means the authorisation issued by a Member State of the European Union in terms of Regulation (EC) No 810/ 2009 of the European Parliament and the Council of 13 July 2009 establishing a Community Code on Visas (Visa Code) or in accordance with Article 18 of the Schengen Convention. Inspection of illegally staying third-country nationals and illegally employed third-country nationals and monitoring of students. 3.
(1)The Reporting Unit shall be empowered to: (
- a)enter without previous notice, at any reasonable time, any premises where third country nationals are employed or residing or studying including school premises, school annexes, place for the provision of private tuition, location for the provision of distance learning to conduct an inspection visit: Provided that the Reporting Unit may enter places of residence with the assistance of the Police; (
- b)carry out in any such premises any examination or inquiry which it may consider necessary in order to satisfy itself that the provisions of the Act or of any regulations thereunder as well as any conditions issued in the residence permit or visa are being observed; (
- c)require any person to produce for inspection residence documentation and take extracts from any books, registers, attendance sheets, documents or records relating to any activities regulated by or under the Act or any regulations thereunder which are under the control of that person and, in the PROCEDURE FOR THE INSPECTION OF ILLEGALLY STAYING AND ILLEGALLY EMPLOYED THIRD-COUNTRY NATIONALS AND THE MONITORING OF THIRD COUNTRY NATIONALS ENROLLED IN EDUCATIONAL ESTABLISHMENTS [ S.L. 217.24 case of information in a non-legible form to reproduce it in a legible form, and to give the Reporting Unit such information as it may reasonably require in relation to any entries in such books, attendance sheets, documents or records; and (
- d)retain copies of such books, registers, attendance sheets, documents or records for such period as may be reasonable for further examination.
(2)The premises and places liable to inspection under these regulations are any premises or places in respect of which any provisions of the Act or of any regulation thereunder or any conditions of residence apply relative to third country nationals.
(3)The Reporting Unit shall, if it considers that, from the inspection visit, there has been a violation of any provisions of the Act or of any regulation thereunder or any condition of residence applicable to the third country national, report the results of the inspection visit to the responsible entity and the pertinent Police Authorities. 4.
(1)No person shall improperly influence or attempt to influence directly or indirectly on behalf of himself or on behalf of any person, the Reporting Unit, the Agency or their officers, or persons employed by them, in the exercise of their functions under these regulations. Improper influence.
(2)Any person who contravenes the foregoing provision of this article shall be guilty of an offence against these regulations and shall on conviction be liable to a fine (multa) not exceeding three thousand euro (€3,000) or to imprisonment for a period not exceeding three
(3)months, or to both such fine and imprisonment. 5. Any person who:- (
- a)obstructs, impedes or assaults an officer of the Reporting Unit in the exercise of any of the functions conferred by these regulations; (
- b)fails or refuses to comply with a requirement under regulation 3; (
- c)alters, suppresses or destroys any books, registers, attendance sheets, documents or records which the person concerned has been required to produce, or may reasonably expect to be required to produce; (
- d)falsely presents himself to be an officer of the Offences. 3 4 [ S.L. 217.24 PROCEDURE FOR THE INSPECTION OF ILLEGALLY STAYING AND ILLEGALLY EMPLOYED THIRD-COUNTRY NATIONALS AND THE MONITORING OF THIRD COUNTRY NATIONALS ENROLLED IN EDUCATIONAL ESTABLISHMENTS Reporting Unit or of the Agency; (
- e)furnishes any information to the Reporting Unit or to the Agency which it may require in the exercise of its functions under these regulations, which he knows, or has reasonable cause to believe to be false or misleading, shall be guilty of an offence against these regulations and shall on conviction be liable to a fine (multa) not exceeding five thousand euro (€5,000) or to imprisonment for a period not exceeding six
(6)months, or to both such fine and imprisonment. Offences under other laws. Cap.
- The punishments provided in these regulations shall apply unless the fact constitutes a more serious offence under the Criminal Code or any other law, in which case such Code or other law shall apply.