S.L. 217.27 · Conditions Of The Entry And Residence Of (S.L. 217.27)
S.L. 217.27 Art. 2Interpretation. Cap. 217. S.L. 595.07. 2 [S.L. S.L. 217.06. 3 Cap. 452. Cap. 420. S.L. 595.36. 4 [S.L.
For the purpose of these regulations, unless the context otherwise requires:
"Act" means the Immigration Act;
"business activity" means a temporary activity directly related to the business interests of the employer and to the professional duties of the EU Blue Card holder based on the work contract in the first Member State, including attending internal or external business meetings, attending conferences or seminars, negotiating business deals, undertaking sales or marketing activities, exploring business opportunities, or attending and receiving training;
"competent authority" means the Identity Malta Agency established by article 3 of the Identity Malta Agency (Establishment) Order; THIRD-COUNTRY NATIONALS FOR THE PURPOSE OF 217.27 HIGHLY QUALIFIED EMPLOYMENT
"EU Blue Card" means a residence permit bearing the term "EU Blue Card" that entitles its holder to reside and work in the territory of Malta;
"family members" means third-country nationals as defined in regulation 4(1) of the Family Reunification Regulations;
"first Member State" means the Member State which first grants a third-country national an EU Blue Card;
"gross annual salary" means the average annual gross salary published by the National Statistics Office in the Labour Force Survey;
"higher education qualifications" means any diploma, certificate or other evidence of formal qualifications awarded by higher education institution attesting the successful completion of a post-secondary higher education programme, such as a set of courses provided by an educational establishment recognised by the Malta Qualifications Recognition Information Centre, any other centre which is a member of the ENIC/NARIC networks and as listed by the ENIC/NARIC networks:
Provided that for the purposes of these regulations, a higher education qualification shall be taken into account, on condition that the studies required to acquire it lasted at least three (3) years and referenced to the Malta Qualifications Framework 6 to 8;
"higher professional qualifications" means qualifications attested by evidence of higher education qualifications or higher professional skills;
"higher professional skills" means:
(a) as concerns the occupations listed in the Schedule, knowledge, skills and competences attested by professional experience at a level comparable to higher education qualifications, which are relevant to the profession or sector specified in the work contract or binding job offer, and which have been acquired over the duration set out in the Schedule for each relevant occupation;
(b) as concerns other occupations, only where provided for by law or applicable procedures, knowledge, skills and competences attested by at least five (5) years of professional experience at a level comparable to higher education qualifications and which are relevant to the profession or sector specified in the work contract or binding job offer;
"highly qualified employment" means the employment of a person who:
(a) is protected as an employee under the
Employment and Industrial Relations Act, irrespective of the legal relationship, for the purpose of exercising genuine and effective work for, or under the direction of someone else;
(b) is paid; and
(c) has the required higher professional qualifications;
"international protection" means the international protection awarded in accordance with article 8 of the
International Protection Act;
"International Protection Agency" means the
International Protection Agency established by article 3 of the International Protection Agency (Establishment) Order;
"ISCO" means International Standard Classification of Occupations;
"professional experience" means the actual and lawful pursuit of the profession concerned;
"regulated profession" means a professional activity, access to which, the pursuit of which, or one of the modes of pursuit of which is subject, directly or indirectly, by virtue of legislative, regulatory or administrative provisions to the possession of specific professional qualifications;
"Regulation (EC) No 1030/2002" means Council Regulation (EC) No 1030/2002 of 13 June 2002 laying down a uniform format for residence permits for third-country nationals;
"Regulation (EC) No 883/2004" means Regulation (EC) No 883/2004 of the European Parliament and of the Council of 29 April 2004 on the coordination of social security systems;
"second Member State" means any Member State in which the EU Blue Card holder intends to exercise or is exercising the right of mobility in accordance with these THIRD-COUNTRY NATIONALS FOR THE PURPOSE OF 217.27 HIGHLY QUALIFIED EMPLOYMENT
regulations, other than the first Member State;
"third-country national" means any person who is not a citizen of the European Union within the meaning of Article 20(1) of the Treaty on the Functioning of the European Union;
"unregulated profession" means a profession that is not a regulated profession.