S.L. 217.20 Art. 14Extension of stay or renewal of the authorisation for the purposes of seasonal work.

(1) Within the maximum period referred to in regulation

13 and provided that the provisions of regulations 4 or 5 are complied with and the grounds set out in regulation 7(1)(b), regulation 7(2) and, if applicable, regulation 7(5) are not met, seasonal workers are allowed one extension of their stay in relation to their contract with the same employer.

(2) The Executive Chairperson or the authorities responsible for the issue of work permits, as the case may be, in consultation with the pertinent authorities responsible for labour matters, may decide to allow seasonal workers to extend their contract with the same employer and their stay more than once, provided that the maximum period referred to in regulation 13 is not exceeded.

(3) Within the maximum period referred to in regulation 13 and provided that the provisions of regulation 4 or 5 are complied with and the grounds set out in regulation 7(1)(b), regulation 7(2) and, if applicable, regulation 7(5) are not met, the Executive Chairperson AS SEASONAL WORKERS [

or the authorities responsible for the issue of work permits, as the case may be, in consultation with the pertinent authorities responsible for labour matters, shall allow seasonal workers one extension of their stay to be employed with a different employer.

(4) The Executive Chairperson or the authorities responsible for the issue of work permits, as the case may be, in consultation with the pertinent authorities responsible for labour matters, may decide to allow seasonal workers to be employed by a different employer and to extend their stay more than once, provided that the maximum period referred to in regulation 13 is not exceeded.

(5) For the purposes of sub-regulations (1), (2), (3) and (4), the Executive Chairperson or the authorities responsible for the issue of work permits, as the case may be, in consultation with the pertinent authorities responsible for labour matters, shall accept the submission of an application when the seasonal worker admitted under these regulations is on the territory of Malta.

(6) (a) The Executive Chairperson or the authorities responsible for issuing the work permit, as the case may be, in consultation with the pertinent authorities responsible for labour matters, shall refuse to extend the stay or renew the authorisation for the purpose of seasonal work when the vacancy in question could be filled by Maltese nationals or by other European Union citizens, or by third-country nationals lawfully residing in Malta.

(b) The provisions of this sub-regulation shall apply without prejudice to the principle of preference for Union citizens as expressed in the relevant provisions of the relevant Acts of Accession.

(7) The Executive Chairperson or the authorities responsible for issuing the work permit, as the case may be, in consultation with the pertinent authorities responsible for labour matters, shall refuse to extend the stay or renew the authorisation for the purpose of seasonal work where the maximum duration of stay as defined in regulation 13 has been reached.

(8) The Executive Chairperson or the authorities responsible for issuing the work permit, as the case may be, in consultation with the pertinent authorities responsible for labour matters, may decide to extend the stay or renew the authorisation for the purpose of seasonal work if the third-country national applies for international protection under the legislation on standards for qualification of beneficiaries of international protection or the International Protection Act or if the third-country national applies for protection in accordance with the International Protection Act or international obligations.

(9) The provisions of regulation 8(2), (3)(b), (3)(c) and (3)(d) shall not apply to a seasonal worker who applies to be employed by a different employer in accordance with sub-regulation (3) when those provisions apply to the previous employer.

(10) Grounds for extension of a short-stay visa are regulated in AS SEASONAL WORKERS

the relevant provisions of the Visa Code.

(11) Without prejudice to regulation 7(1), any decision on an application for an extension or renewal shall take account of the specific circumstances of the case, including the interests of the seasonal worker, and shall respect the principle of proportionality.