S.L. 217.27 Art. 7Grounds for withdrawing or refusal to renew an EU Blue Card. 9      Cap. 318. 10 [S.L.

(1) The competent authority shall withdraw or refuse to renew an EU Blue Card where:

(a) the EU Blue Card or the documents presented have been fraudulently acquired, falsified or tampered with;

(b) the third-country national concerned no longer holds a valid work contract for highly qualified employment;

(c) the third-country national concerned no longer holds the qualifications referred to in paragraphs (b) or (c) of regulation 4(1);

(d) the salary of the third-country national concerned no longer meets the salary threshold set out in accordance with regulation 4(1), as applicable;

(e) reasons of public policy, public security or public health exist;

(f) the employer has failed to meet its legal obligations regarding social security, taxation, labour rights or working conditions;

(g) the EU Blue Card holder does not have sufficient resources to maintain himself and, where applicable, the members of his family without having recourse to social assistance in accordance with the Social Security Act and the regulations made thereunder;

(h) the EU Blue Card holder is residing in Malta for purposes other than those for which he was authorised to reside;

(i) the conditions under the applicable law, set out in collective agreements or established by practices in the relevant occupational branches for highly qualified employment are no longer met;

(j) the EU Blue Card holder has not complied with the relevant procedures as provided for in sub-regulations (2)(a), (3) or (4) of regulation 13;

(k) the EU Blue Card holder no longer holds a valid travel document, unless prior to withdrawing the EU Blue Card, a reasonable deadline has been provided for that EU Blue Card holder to obtain and present a valid travel document; or

(l) the EU Blue Card holder fails to comply with the conditions of mobility:

Provided that for the purposes of paragraph (c), the competent authority shall evaluate the sufficiency of resources by reference to their nature and regularity and may take into account the level of minimum national wages, minimum income or minimum pensions as well as the number of family members of the EU Blue Card holder. Such evaluation shall take into account the contributions of the family members to the household income.

(2) By way of derogation from paragraph (f) of sub-regulation (1), a failure to make a communication required by sub-regulations (2)(a), (3) or (4) of regulation 13, shall not be considered to be a sufficient reason for withdrawing or not renewing the EU Blue Card, if the EU Blue Card holder proves that the communication did not reach the competent authority for a reason outside his control.

(3) By way of derogation from paragraphs (b) and (d) of sub-regulation (1), the competent authority may decide not to withdraw or not to refuse to renew an EU Blue Card where the EU Blue Card holder temporarily, in any case for not longer than twelve (12) months, does not fulfil the criteria for admission set out in sub-regulation (1)(a), (3) or, where applicable, (4) or (5) of regulation 4, as a result of illness, disability or parental leave.

(4) By way of derogation from paragraphs (b), (d) and (g) of THIRD-COUNTRY NATIONALS FOR THE PURPOSE OF 217.27 HIGHLY QUALIFIED EMPLOYMENT

sub-regulation (1), the EU Blue Card shall not be withdrawn and its renewal shall not be refused in the event of the unemployment of the EU Blue Card holder, except where:

(a) the EU Blue Card holder cumulates a period of unemployment exceeding three (3) months and has held an EU Blue Card for less than two (2) years; or

(b) the EU Blue Card holder cumulates a period of unemployment exceeding six (6) months and has held an EU Blue Card for at least two (2) years.

(5) Where the competent authority intends to withdraw or not to renew an EU Blue Card in accordance with paragraphs (f) or (i) of sub-regulation (1), the competent authority shall notify the EU Blue Card holder in advance and shall set a reasonable deadline of at least three (3) months for the EU Blue Card holder to seek new employment, subject to the conditions set out in sub-regulations (1),

(2) and (3) of regulation 13. The period for seeking employment shall be at least six (6) months when the EU Blue Card holder has been previously employed for at least two (2) years.

(6) Without prejudice to sub-regulation (1), in the case of any decision to withdraw or to refuse to renew an EU Blue Card the competent authority shall take account of the specific circumstances of the case and shall respect the principle of proportionality.