S.L. 217.15 Art. 17Conditions.

(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:

(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

(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. HIGHLY QUALIFIED EMPLOYMENT [

(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).