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S.L. 217.21 · Conditions Of Entry And Residence (S.L. 217.21)

S.L. 217.21 Art. 18Short-term mobility. S.L. 451.03.

PART V

In KraftAmtlicher Text

(1) Third-country nationals who hold a valid intra-

corporate transferee permit issued by another Member State, shall be entitled to stay in Malta and work in any other entity, established in Malta and belonging to the same undertaking or group of undertakings, for a period of up to ninety days in any 180-day period subject to the conditions laid down in this regulation.

(2) The Executive Chairperson shall require the host entity in the other Member State to notify him and the competent authorities responsible for the implementation of the provisions of Directive 2014/66/EU of the intention of the intra-corporate transferee to work in an entity established in Malta.

(3) The notification referred to in the sub-regulation (2) shall OF AN INTRA-CORPORATE TRANSFER [

take place either:

(a) at the time of the application in the other Member State, where the mobility to Malta is already envisaged at that stage; or

(b) if the intra-corporate transferee has already been admitted to the other Member State as soon as the intended mobility to Malta is known.

(4) The Executive Chairperson shall require that any notification shall be accompanied by the following documents and information:

(a) evidence that the host entity in Malta and the undertaking established in a third country belong to the same undertaking or group of undertakings;

(b) the contract of employment and, if necessary, the assignment letter, which were transmitted to the other Member State in accordance with regulation 4(1)(c);

(c) where applicable, documentation certifying that the intra-corporate transferee fulfils the conditions laid down under the Recognition of Professional Qualifications Regulations to exercise the regulated profession to which the application relates;

(d) a valid travel document, as provided for in regulation 4(1)(f); and

(e) where not specified in any of the preceding documents, the planned duration and dates of the mobility: Provided that the Executive Chairperson may require, where relevant, that these documents and the information are to be presented in the English language.

(5) Where the notification has taken place in accordance with sub-regulation (3)(a), and where the Executive Chairperson has not raised any objection with the other Member State in accordance with sub-regulation (7), the mobility of the intra-corporate transferee to Malta may take place at any moment within the period of validity of the intra-corporate transferee permit.

(6) Where the notification has taken place in accordance with sub-regulation (3)(b), the mobility may be initiated after the notification to the Executive Chairperson immediately or at any moment thereafter within the period of the intra-corporate transferee permit.

(7) Based on the notification referred to in sub-regulation (3), the Executive Chairperson may object to the mobility of the intra-corporate transferee to Malta within twenty days from having received the notifications, where:

(a) the conditions set out in regulation 4(3)(b) or in sub-regulation (4)(a), (c) or (d) are not complied with;

(b) the documents presented were fraudulently acquired, OF AN INTRA-CORPORATE TRANSFER

or falsified or tampered with;

(c) the maximum duration of stay as defined in regulation 10(1) or in sub-regulation (1) has been reached;

(d) the intra-corporate transferee is considered to pose a threat to public policy, public security or public health:

Provided that the Executive Chairperson shall inform without delay the competent authorities and the host entity in the other Member State about their objection to the mobility.

(8) Where the Executive Chairperson objects to the mobility in accordance with sub-regulation (7) and the mobility has not yet taken place, the intra-corporate transferee shall not be allowed to work in Malta as part of the intra-corporate transfer. Where the mobility has already taken place, the provisions of regulation 20(3) and (4) shall apply.

(9) Where the intra-corporate transferee permit is renewed by the other Member State within the maximum duration provided for in regulation 10(1), the renewed intra-corporate transferee permit shall continue to authorise its holder to work in Malta, subject to the maximum duration provided for in regulation (1).