S.L. 217.21 Art. 7Withdrawal or non- renewal of the intra-corporate transferee permit. Cap. 386.

(1) The Executive Chairperson shall withdraw an intra-corporate transferee permit in any of the following cases:

(a) where it was fraudulently acquired, or has been falsified or tampered with; or

(b) where the intra-corporate transferee is residing in Malta for purposes other than those for which he or she was authorised to reside;

(c) where the host entity was established for the main purpose of facilitating the entry of intra-corporate transferees.

(2) The Executive Chairperson shall, if appropriate, withdraw an intra-corporate transferee permit where the employer or the host entity has been sanctioned in accordance with national law.

(3) The Executive Chairperson shall refuse to renew an intra-corporate transferee permit in any of the following cases:

(a) where it was fraudulently acquired, or falsified, or tampered with;

(b) where the intra-corporate transferee is residing in Malta for purposes other than those for which he was authorised to reside;

(c) where the host entity was established for the main purpose of facilitating the entry of intra-corporate transferees;

(d) where the maximum duration of stay as defined in regulation 10(1) has been reached.

(4) The Executive Chairperson shall, if appropriate, refuse to renew an intra-corporate transferee permit where the employer or the host entity has been sanctioned in accordance with national law.

(5) The Executive Chairperson may withdraw or refuse to renew an intra-corporate transferee permit in any of the following cases:

(a) where regulation 4 is not or is no longer complied with;

(b) where the employer or the host entity has failed to meet its legal obligations regarding social security, taxation, employment rights or working conditions;

(c) where the employer’s or the host entity’s business is being or has been wound up under the Companies Act or if no economic activity is taking place;

(d) where the intra-corporate transferee has not complied with the mobility rules set out in regulations 18 and 19.

(6) Without prejudice to the provisions of sub-regulations (1) and (3), in any decision to withdraw or to refuse an intra-corporate transferee permit, the Executive Chairperson shall take account of the specific circumstances of the case and respect the principle of proportionality. OF AN INTRA-CORPORATE TRANSFER