S.L. 217.21 Art. 19Long-term mobility. S.L. 451.03

(1) In relation to third-country nationals who hold a valid intra-corporate transferee permit issued by the other Member State and who intend to stay in Malta and work in any other entity, established in Malta and belonging to the same undertaking or group of undertakings, for more than ninety days, the Executive Chairperson may decide to apply the procedure provided for in sub-regulations (2) to (7).

(2) Where an application for long-term mobility is submitted, the Executive Chairperson shall require the applicant to transmit some or all of the following documents where they are required for an initial application:

(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) a contract of employment and, if necessary, an assignment letter, as provided for in 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);

(e) evidence of having applied for sickness insurance, as provided for in regulation 4(1)(g).

(3) The Executive Chairperson shall require the applicant to provide, at the latest at the date of issue of the permit for long-term mobility, the address of the intra-corporate transferee concerned in OF AN INTRA-CORPORATE TRANSFER [

Malta: Provided that the Executive Chairperson may require, where relevant, that the documents and the information mentioned in sub-regulation (2) are to be presented in the English language.

(4) The Executive Chairperson shall take a decision on the application for long-term mobility and notify the decision to the applicant in writing as soon as possible but not later than ninety days from the date on which the application and the documents provided for in sub-regulation (2) were submitted to the Executive Chairperson.

(5) The Executive Chairperson shall not require the intra-corporate transferee to leave Malta in order to submit an application and the said person shall not be subject to a visa requirement.

(6) The intra-corporate transferee shall be allowed to work in Malta until a decision on the application for long-term mobility has been taken by the Executive Chairperson, provided that:

(a) the time period referred to in regulation 18(1) and the period of validity of the intra-corporate transferee permit issued by the other Member State has not expired; and

(b) if the Executive Chairperson may require that, the complete application is submitted to him at least twenty days before the long-term mobility of the intra-corporate transferee starts.

(7) An application for long-term mobility may not be submitted at the same time as a notification for short-term mobility: Provided that where the need for long-term mobility arises after the short-term mobility of the intra-corporate transferee has started, the Executive Chairperson may request that the application for long-term mobility be submitted at least twenty days before the short-term mobility ends.

(8) The Executive Chairperson may refuse an application for long-term mobility where:

(a) the conditions set out in sub-regulation (2)(a) are not complied with or the criteria set out in regulation 4(1)(c)(i), (3) and (4) are not complied with;

(b) one of the grounds covered by regulation 6(1)(b) or (d), (2), (3) or (4) applies; or

(c) the intra-corporate transferee permit expires during the procedure.

(9) Where the Executive Chairperson takes a positive decision on the application for long-term mobility, the intra-corporate transferee shall be issued with a permit for long-term mobility allowing the intra-corporate transferee to stay and work in Malta. The permit shall be issued using the uniform format laid down in Regulation (EC) No. 1030/2002. Under the heading ‘type of permit’ in accordance with point (a) 6.4 of the Annex to Regulation OF AN INTRA-CORPORATE TRANSFER

(EC) No. 1030/2002, the Executive Chairperson shall enter ‘mobile ICT’: Provided that the Executive Chairperson may indicate additional information, as directed by the pertinent authorities, related to the employment relationship of the third-country national including the name and address of the employer, place of work, type of work, working hours and the remuneration, in paper format, or store such data in electronic format as referred to in Regulation

(EC) 1030/2002.

(10) The Executive Chairperson shall inform the competent authorities of the other Member State where a permit for long-term mobility is issued.

(11) Where the Executive Chairperson takes a decision on an application for long-term mobility, the provisions of regulations 7 and 13(2) to (5) shall apply accordingly.