S.L. 217.27 Art. 20ResidenceinMalta as the second Member State for family members. S.L. 217.06. S.L. 217.06. 24 [S.L.  S.L. 217.06.  S.L. 217.06.  S.L. 217.06. 25

(1) Where an EU Blue Card holder moves to Malta in accordance with regulation 19 and where the EU Blue Card holder’s family was already constituted in the first Member State, the members of his family shall be entitled to accompany or join the EU Blue Card holder:

Provided that the Family Reunification Regulations and regulation 15 shall apply in the cases referred to in sub-regulation (1), subject to the derogations provided for in sub-regulations (2) to (7):

Provided further that where the family was not already constituted in the first Member State, regulation 15 shall apply.

(2) By way of derogation from regulation 14(1) of the Family Reunification Regulations, the EU Blue Card holder’s family members shall be entitled to enter and stay in Malta on the basis of the valid residence permits obtained in the first Member State as family members of an EU Blue Card holder:

Provided that where the residence permits of the family members are issued by a Member State that does not apply the Schengen in full, and those family members join the EU Blue acquis Card holder when crossing an internal border for which controls have not yet been lifted for the purpose of relocating to Malta, the competent authority may require the family members to present the residence permits they obtained in the first Member State as family THIRD-COUNTRY NATIONALS FOR THE PURPOSE OF 217.27 HIGHLY QUALIFIED EMPLOYMENT

members of the EU Blue Card holder.

(3) By way of derogation from regulation 8 of the Family

Reunification Regulations, not later than one (1) month after entering Malta, the family members concerned or the EU Blue Card holder, shall submit an application for a residence permit as a family member to the competent authority in accordance with these regulations:

Provided that where the residence permit of a family member issued by the first Member State expires during the procedure or no longer entitles the holder to reside legally in Malta, the competent authority shall allow the family member to stay in Malta until a decision on the application has been taken by the competent authority, if necessary by issuing a temporary residence permit or an equivalent authorisation.

(4) By way of derogation from regulation 6 and regulation

12 of the Family Reunification Regulations, the competent authority shall require the family members concerned to present or provide with their application for a residence permit:

(a) their residence permit in the first Member State and a valid travel document, or certified copies thereof;

(b) evidence that they have resided as members of the family of the EU Blue Card holder in the first Member State;

(c) documentary evidence as referred to in regulation

12 of the Family Reunification Regulations.

(5) Where the conditions set out in this regulation are fulfilled and the applications were submitted simultaneously, the competent authority shall issue the residence permits for family members at the same time as the EU Blue Card:

Provided that by way of derogation from regulation 15(4), where the conditions set out in this regulation are fulfilled and the family members join the EU Blue Card holder after the EU Blue Card has been granted, residence permits for the family members shall be granted not later than thirty (30) days after the date of submission of the complete application:

Provided further that in duly justified circumstances linked to the complexity of the application, the period of thirty (30) days may be extended by a maximum of another thirty (30) days.

(6) This regulation applies to family members of EU Blue Card holders who are beneficiaries of international protection only when those EU Blue Card holders move to reside in a Member State other than the Member State which granted them international protection.

(7) This regulation shall not apply to family members of EU Blue Card holders who are beneficiaries of the right to free movement under European Union law in Malta.