S.L. 217.21 · Conditions Of Entry And Residence (S.L. 217.21)
S.L. 217.21 Art. 20Safeguards.
PART V
(1) Where the intra-corporate transferee permit is issued by a Member State not applying the Schengen acquis in full and the intra-corporate transferee crosses an external border, the Executive Chairperson or the Principal Immigration Officer shall be entitled to require as evidence that the intra-corporate transferee is moving to Malta for the purpose of an intra-corporate transfer by submitting:
(a) a copy of the notification sent by the host entity in the other Member State in accordance with regulation 18(3); or
(b) a letter from the host entity in Malta that specifies at least the details of the duration of the intra-EU mobility and the location of the host entity or entities in Malta.
(2) The host entity in Malta shall inform the Executive Chairperson of any modification which affects the conditions on which basis the mobility was allowed to take place: Provided that if the Executive Chairperson issues the intra-corporate transferee permit, the Executive Chairperson shall inform the authorities of the other Member State immediately.
(3) The Executive Chairperson may request that the intra-corporate transferee immediately cease all employment activity and leave Malta where:
(a) he has not been notified in accordance with regulation 18(3) and (4) and requires such notification;
(b) he has objected to the mobility in accordance with regulation 18(7);
(c) he has refused an application for long-term mobility in accordance with regulation 19(8);
(d) the intra-corporate transferee permit or the permit for long-term mobility is used for purposes other than those for which it was issued; OF AN INTRA-CORPORATE TRANSFER [
(e) the conditions on which the mobility was allowed to take place are no longer fulfilled.
(4) In the cases referred to in sub-regulation (3), the Principal Immigration Officer shall, upon the request of the other Member State, allow re-entry of the intra-corporate transferee, and where applicable, of his or her family members, without formalities and without delay. This shall also apply if the intra-corporate transferee permit issued by Malta has expired or has been withdrawn during the period of mobility within the other Member State.
(5) Where the holder of an intra-corporate transferee permit crosses the external border of a Member State applying the Schengen acquis in full, the Executive Chairperson shall consult the Schengen information system. The Executive Chairperson shall refuse entry or object to the mobility of persons for whom an alert for the purposes of refusing entry and stay has been issued in the Schengen Information System.