S.L. 217.27 Art. 10Procedural safeguards. 13

(1) The competent authority shall adopt a decision on the application for an EU Blue Card and notify the applicant in writing. That decision shall be adopted and notified as soon as possible but not later than ninety (90) days after the date of submission of the complete application.

(2) When the documents presented or information provided in support of the application are inadequate or incomplete, the competent authority shall notify the applicant of the additional documents or information that are required and shall set a reasonable deadline for presenting or providing them. The period referred to in sub-regulation (1), shall be suspended until the authorities have received the additional documents or information required. If the additional documents or information required have not been provided within that deadline, the application shall be rejected.

(3) Any decision to reject an application for an EU Blue Card, to withdraw an EU Blue Card or not to renew an EU Blue Card shall be notified in writing to the third-country national concerned and, where relevant, to his employer. The notification shall specify the reasons for the decision, where he may file an appeal and the competent authority against whom an appeal may be submitted, as well as the time limit for filing an appeal:

Provided that an applicant who feels aggrieved by a decision taken in accordance with the provisions of these regulations shall have the right to an appeal before the Immigration Appeals Board established by article 25A of the Act and in accordance with the provisions of the said Act:

Provided further that an applicant who lacks sufficient resources to appeal from a decision, shall be entitled to free legal assistance and representation. Free legal assistance and representation shall entail the preparation of the required procedural documents and participation in the hearing before the Immigration Appeals Board.

(4) An applicant shall be allowed to submit an application for the renewal of his EU Blue Card within a period of time not exceeding ninety (90) days prior to the date of expiration of the EU Blue Card.

(5) Where the validity of the EU Blue Card expires during the renewal procedure, the third-country national shall be allowed to stay in Malta as if he was an EU Blue Card holder until the competent authority has taken a decision on the application for renewal.

(6) Where the competent authority issues residence permits for the purpose of highly qualified employment, it shall grant EU Blue Card holders the same procedural safeguards as those provided for under applicable schemes where the procedural safeguards under said applicable schemes are more favourable than those provided for in sub-regulations (1) to (5).