S.L. 217.21 Art. 2Interpretation. Cap. 217. S.L. 497.07 S.L. 217.06 S.L. 451.03

For the purposes of these regulations: "Act" means the Immigration Act; "Board" means the Immigration Appeals Board constituted by article 25A of the Act; "Executive Chairperson" means the Executive Chairperson of Identity Malta Agency, established under the Identity Malta Agency (Establishment) Order, or any senior official thereof so delegated; "family members" means third-country nationals as defined in regulation 4(1) of the Family Reunification Regulations; "group of undertakings" means two or more undertakings recognised as linked in the following ways where an undertaking, in relation to another undertaking, directly or indirectly:

(a) holds a majority of that undertaking’s subscribed capital; OF AN INTRA-CORPORATE TRANSFER

(b) controls a majority of the votes attached to that undertaking’s issued share capital;

(c) is entitled to appoint more than half of the members of that undertaking’s administrative, management or supervisory body; or

(d) the undertakings are managed on a unified basis by the parent undertaking; "host entity" means the entity to which the intra-corporate transferee is transferred, regardless of its legal form, established, in accordance with national law, in Malta; "intra-corporate transfer" means the temporary secondment for occupational or training purposes of a third-country national who, at the time of application for an intra-corporate transferee permit, resides outside Member States, from an undertaking established outside the Member State, and to which the third-country national is bound by a contract of employment prior to and during the transfer, to an entity belonging to the undertaking or to the same group of undertakings which is established in Malta, and, where applicable, the mobility between host entities established in other Member States; "intra-corporate transferee" means any third-country national who resides outside the territory of the Member States at the time of application for an intra-corporate transferee permit and who is subject to an intra-corporate transfer;

"intra-corporate transferee permit" means an authorisation bearing the acronym ‘ICT’ entitling its holder to reside and work in Malta and, where applicable, in another Member State, under the terms of these regulations; "manager" means a person holding a senior position, who primarily directs the management of the host entity, receiving general supervision or guidance principally from the board of directors or shareholders of the business or equivalent, and that position shall include:

(a) directing the host entity or a department or subdivision of the host entity;

(b) supervising and controlling work of the other supervisory, professional or managerial employees;

(c) having the authority to recommend hiring, dismissing or other personnel action; "Member State" means any of the Member States of the European Union which apply the provisions of Directive 2014/66/ EU;

"other Member State" means the Member State which first grants a third-country national an intra-corporate transferee permit other than Malta; "permit for long-term mobility" means an authorisation bearing the term "mobile ICT" entitling the holder of an intra-corporate OF AN INTRA-CORPORATE TRANSFER [

transferee permit to reside and work in the territory of Malta under the terms of these regulations; "regulated profession" means a regulated profession as defined in regulation 4(1)( ) of the Recognition of Professional a Qualifications Regulations; "single application procedure" means the procedure leading, on the basis of one application for the authorisation for residence and work of a third-country national in the territory of Malta, to a decision on that application;

"specialist" means a person working within the group of undertakings possessing specialised knowledge essential to the host entity’s areas of activity, techniques or management. In assessing such knowledge, account shall be taken not only of knowledge specific to the host entity, but also of whether the person has a high level of qualification including adequate professional experience referring to a type of work or activity requiring specific technical knowledge, including possible membership of an accredited profession; "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; "trainee employee" means a person with a university degree who is transferred to a host entity for career development purposes or in order to obtain training in business techniques or methods, and is paid during the transfer.