Rechtsbibliothek und Fallanalyse · Österreich · Belgien · Europäische Union
LAWxPERT Anmelden Kostenloses Konto

S.L. 217.27 · Conditions Of The Entry And Residence Of (S.L. 217.27)

S.L. 217.27 Art. 4Criteria for admission.  Cap. 452. 6 [S.L.       S.L. 451.03. 7

PART I

In KraftAmtlicher Text

(1) An applicant for an EU Blue Card shall:

(a) present a valid work contract or, as provided in the

Employment and Industrial Relations Act, a binding job offer for highly qualified employment for a period of at least six (6) months in Malta:

Provided that the monthly or annual salary specified in a valid work contract shall not be less than a relevant salary threshold defined and published for that purpose, which shall be at least one point five (1.5) times the average gross annual salary in Malta:

Provided further that where the Minister responsible for employment, from time to time, determines a particular need of third-country national workers and who belong to the major groups 1 and 2 of ISCO, the salary threshold may be at least one point two (1.2) times the average gross annual salary in Malta:

Provided further that the Minister responsible for employment shall communicate each year to the European Commission the list of professions for which a derogation has been decided.

(b) for unregulated professions, present documents attesting to relevant higher professional qualifications in relation to the work to be carried out; THIRD-COUNTRY NATIONALS FOR THE PURPOSE OF 217.27 HIGHLY QUALIFIED EMPLOYMENT

(c) for regulated professions, present documents attesting to the fulfilment of the conditions set out in accordance with the law for the exercise by European Union citizens of the regulated profession specified in the work contract or binding job offer, in accordance with the

Recognition of Professional Qualifications Regulations;

(d) present a valid travel document, as determined by law, and if required, an application for a visa, a valid visa or, where applicable, a valid residence permit or valid long-stay visa;

(e) provide evidence of having applied for sickness insurance for all risks normally covered for Maltese nationals for periods when no such insurance coverage or corresponding entitlement to benefits is provided for in connection with, or resulting from, the work contract.

(2) Conditions set out in collective agreements or established by practices or in the law in the relevant occupational branches for highly qualified employment shall also be observed.

(3) Where the EU Blue Card issued during the period of three (3) years is renewed, the salary threshold referred to in sub-regulation (1) shall continue to apply if:

(a) the initial period of three (3) years has not elapsed; or

(b) a period of twenty-four (24) months after the issuance of the first EU Blue Card has not elapsed.

(4) Where an application for an EU Blue Card concerns a third-country national who holds a residence permit for the purpose of highly qualified employment issued by the competent authority, the competent authority shall not:

(a) require the applicant to present the documents provided for in paragraph (b) or (c) of sub-regulation (1), if the relevant higher professional qualifications were already verified in the context of the application for the residence permit;

(b) require the applicant to present the evidence provided for in paragraph (e) of sub-regulation (1), unless the application is submitted in the context of a change of employment, in which case regulation 13 shall apply accordingly; and

(c) apply regulation 6(1)(e), unless the application is submitted in the context of a change of employment, in which case regulation 13 shall apply accordingly.

(5) The third-country national concerned shall be required to provide his address in Malta:

Provided that where the third country national concerned does not yet know his future address, the competent authority shall accept a temporary address. In such cases, the third-country national shall provide his permanent address at the latest when the EU Blue Card is issued in accordance with regulation 8.