S.L. 217.15 Art. 7Grounds for refusal. L.S. 217.05.

(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:

(a) a Maltese national, or

(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

(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

(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.