S.L. 217.27 · Conditions Of The Entry And Residence Of (S.L. 217.27)
S.L. 217.27 Art. 16European Union long-term resident status for EU Blue Card holders. S.L. 217.05. S.L. 217.05. S.L. 217.05. 19 S.L. 217.05. S.L. 217.05. S.L. 217.05.
PART III
(1) The provisions of the Status of Long-term
Residents (Third Country Nationals) Regulations shall apply, subject to the derogations laid down in this regulation.
(2) By way of derogation from regulation 4(1) of the Status of Long-term Residents (Third Country Nationals) Regulations, an EU Blue Card holder who has made use of the possibility provided for in regulation 19, may cumulate periods of residence in different Member States in order to fulfil the requirement concerning the duration of residence, provided that the EU Blue Card holder has accumulated:
(a) the number of years of legal and continuous residence required in accordance with regulation 4(1) of the
Status of Long-term Residents (Third Country Nationals) Regulations as a holder of an EU Blue Card, a residence permit for highly qualified employment, an authorisation as researcher or, where appropriate, an authorisation as a student in accordance with regulation 4(2) of the Status of Long-term Residents (Third Country Nationals) Regulations or as a beneficiary of international protection within the territory of Malta; and
(b) two (2) years of legal and continuous residence as an EU Blue Card holder within the territory of the Member State where the application for European Union long-term resident status is submitted immediately prior to the submission of the relevant application.
(3) For the purpose of calculating the duration of legal and continuous residence in the European Union referred to in regulation
2(a) and by way of derogation from regulation 4(3) of the Status of
Long-term Residents (Third Country Nationals) Regulations, periods of absence from the territory of Malta shall not interrupt the duration of legal and continuous residence in the European Union if those periods of absence are shorter than twelve (12) consecutive months and do not exceed in total eighteen (18) months within that duration.
(4) By way of derogation from regulation 9(1) of the Status of Long-term Residents (Third Country Nationals) Regulations, the competent authority shall extend to twenty-four (24) consecutive months the period of absence from the territory of the Union during which a European Union long-term resident who holds a long-term residence permit bearing the remark referred to in regulation 16(2) and his family members having been granted EU long-term resident status are allowed to be absent.
(5) Regulation 14(1)(f), regulation 14(3), regulation 17 and, where applicable, regulations 15 and 20 apply to holders of a long-term residence permit bearing the remark referred to in regulation 17(2).
(6) Where a European Union long-term resident who holds a long-term residence permit bearing the remark referred to in regulation
17(2) exercises his right to relocate to a second Member State pursuant to Part III of the Status of Long-term Residents (Third Country
Nationals) Regulations, regulations 13(3) and (4) of those regulations shall not apply. The second Member State may apply measures in accordance with regulation 19(8).