S.L. 217.21 Art. 4Conditions of admission. S.L. 451.03 S.L. 452.82

(1) A third-country national shall submit to the Executive

Chairperson an application for an intra-corporate transferee permit, endorsed by the host entity and shall:

(a) provide evidence that the host entity and the undertaking established in a third country belong to the same undertaking or group of undertakings;

(b) provide evidence of employment within the same undertaking or group of undertakings, from at least three up to twelve uninterrupted months immediately preceding the date of the intra-corporate transfer in the case of managers and specialists, and from at least three up to six uninterrupted months in the case of trainee employees;

(c) present a contract of employment, and, if necessary, an assignment letter from the employer containing the following:

(i) details of the duration of the transfer and the location of the host entity or entities;

(ii) evidence that the third-country national is taking a position as a manager, specialist or trainee employee in the host entity or entities in Malta;

(iii) the remuneration as well as other terms and conditions of employment granted during the intra-corporate transfer;

(iv) evidence that the third-country national will be able to transfer back to an entity belonging to that undertaking or group of undertakings established in a third country at the end of the intra-corporate transfer;

(d) provide evidence that the third-country national has the professional qualifications and experience needed in the host entity to which he is to be transferred as manager or specialist or, in the case of a trainee employee, the university degree required; OF AN INTRA-CORPORATE TRANSFER [

(e) where applicable, present documentation certifying that the third-country national fulfils the conditions laid down under the Recognition of Professional

Qualification Regulations to exercise the regulated profession to which the application relates;

(f) present a valid travel document and an application for a visa or a visa, if required, whereby the Executive Chairperson may require the period of validity of the travel document to cover at least the period of validity of the intra-corporate transferee permit;

(g) provide evidence of having, or of having applied for, a sickness insurance for all the risks normally covered for Maltese nationals concerned for periods where no such insurance coverage and corresponding entitlements to benefits are provided in connection with, or resulting from, the contract of employment;

(h) present an address in Malta at the time when the intra-corporate transfer permit is issued.

(2) The applicant shall present the documents listed in sub-regulation (1)(a), (c), (d), (e) and (g) in either Maltese or English.

(3) The Executive Chairperson shall require that:

(a) the terms and conditions of employment applicable to the intra-corporate transferee during the intra-corporate transfer, other than remuneration, shall be those which are given to posted employees in Malta in terms of the Posting of Workers in Malta Regulations;

(b) the remuneration granted to the third-country national during the entire intra-corporate transfer shall not be less favourable than the remuneration granted to a national of Malta where the work is carried out occupying comparable positions in accordance with the applicable law or collective agreements.

(4) On the basis of the documentation provided pursuant to sub-regulation (1), the Executive Chairperson shall require that the intra-corporate transferee will have sufficient resources during his or her stay to maintain himself or herself and his or her family members without having recourse to Malta’s social assistance system.

(5) In addition to the evidence required under sub-regulation (1), any third-country national who applies to be admitted as a trainee employee shall be required to present a training agreement relating to the preparation for his or her future position within the undertaking or group of undertakings, including a description of the training programme, which demonstrates that the purpose of the stay is to train the trainee employee for career development purposes or in order to obtain training in business techniques or methods, its duration and the conditions under which the trainee employee is supervised during the programme.

(6) Any modification during the application procedure that OF AN INTRA-CORPORATE TRANSFER

affects the criteria for admission set out in this regulation shall be notified by the applicant to the Executive Chairperson.

(7) The Executive Chairperson shall not admit the third-country national if he is considered to pose a threat to public policy, public security or public health.