S.L. 217.27 Art. 19Long-term mobility. 21  Cap. 318. 22 [S.L. 23

(1) After twelve (12) months of legal residence in the first Member State as an EU Blue Card holder, the third-country national shall be entitled to enter, reside and work in Malta for the purpose of highly qualified employment on the basis of the EU Blue Card and a valid travel document in accordance with the conditions set out in this regulation.

(2) Where the EU Blue Card is issued by another Member State that does not apply the Schengen in full, and the EU Blue acquis Card holder crosses, for the purpose of long-term mobility, an internal border for which controls have not yet been lifted into Malta, the competent authority may require the EU Blue Card holder to present the valid EU Blue Card issued by the first Member State and a work contract or a binding job offer for highly qualified employment for a period of at least six (6) months in Malta.

(3) (a) As soon as possible and not later than one (1) month after the EU Blue Card holder has entered the territory of Malta, an application for an EU Blue Card shall be submitted to the competent authority by the employer. That application shall be accompanied by all the documents proving the fulfilment of the conditions referred to in sub-regulation (4).

(b) The EU Blue Card holder shall be allowed to commence work in Malta not later than thirty (30) days after the date of submission of the complete application.

(c) The application may be submitted to the competent authority while the EU Blue Card holder is still residing in the territory of the first Member State.

(4) For the purposes of an application as referred to in sub-regulation (3), the applicant shall present:

(a) the valid EU Blue Card issued by the first

Member State;

(b) a valid work contract or, as provided for in the applicable law, a binding job offer for highly qualified employment for a period of at least six (6) months in Malta;

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

(d) a valid travel document; and

(e) evidence of meeting the salary threshold in accordance with regulation 4(1).

(5) With regard to paragraph (c) of sub-regulation (3), for the purpose of applying for an EU Blue Card in Malta, EU Blue Card holders shall enjoy equal treatment with European Union citizens as regards recognition of professional qualifications, in accordance with applicable Union and the applicable law:

Provided that for unregulated professions, where the first Member State has issued an EU Blue Card on the basis of higher professional skills for occupations not listed in the Schedule, the applicant may be required to present documents attesting to higher professional qualifications in relation to the work to be carried out, as provided for under the applicable law.

(6) For the purposes of an application as referred to in sub-regulation 3, the competent authority may require the applicant:

(a) for unregulated professions, where the EU Blue Card holder has worked for less than two (2) years in the first Member State, to present documents attesting to higher professional qualifications in relation to the work to be carried out, as provided in the applicable law;

(b) to provide evidence of having, or if provided for by the Social Security Act and the regulations made thereunder, having applied for sickness insurance for all the risks normally covered for Maltese nationals concerned for periods when no such insurance coverage or corresponding entitlement to benefits is provided for in connection with, or resulting from, the work contract.

(7) The competent authority shall reject an application for an EU Blue Card where: THIRD-COUNTRY NATIONALS FOR THE PURPOSE OF 217.27 HIGHLY QUALIFIED EMPLOYMENT

(a) sub-regulation (4) is not complied with;

(b) the documents presented have been fraudulently acquired, falsified or tampered with;

(c) the employment does not comply with the conditions laid down under the applicable law, set in collective agreements or established by practices as referred to in regulation 4(2); or

(d) the EU Blue Card holder poses a threat to public policy, public security or public health.

(8) In respect of any application procedure for the purpose of long-term mobility, the procedural safeguards set out in regulations 10(2) and (3) shall apply accordingly:

Provided that without prejudice to sub-regulation (4), a decision to reject an application for long-term mobility shall take account of the specific circumstances of the case and shall respect the principle of proportionality.

(9) The competent authority may reject an application for an EU Blue Card on the basis of a verification carried out in accordance with regulation 6(1)(e), only if that Member State carries out such verifications when it is the first Member State.

(10) The competent authority shall adopt either of the following decisions upon an application for an EU Blue Card:

(a) where the conditions for mobility laid down in this regulation are fulfilled, to issue an EU Blue Card and allow the third-country national to reside in Malta for the purpose of highly qualified employment; or

(b) where the conditions for mobility laid down in this regulation are not fulfilled, to reject the application and require the applicant and his family members, in accordance with the procedures provided for in national law, to leave Malta:

Provided that by way of derogation from regulation 9(1), the competent authority shall notify the applicant and the first Member State of its decision in writing as soon as possible, but not later than thirty (30) days after the date of submission of the complete application.

(11) Under exceptional and duly justified circumstances linked to the complexity of the application, the competent authority may extend the deadline referred to in the preceding proviso by thirty

(30) days. It shall inform the applicant of the extension not later than thirty (30) days after the date of submission of the complete application. In its notification to the first Member State, the competent authority shall specify any grounds referred to in paragraphs (b) and

(d) of sub-regulation (7), for rejecting the application.

(12) Where the EU Blue Card issued by the first Member State expires during the application procedure, the competent authority may issue a temporary residence permit, or an equivalent authorisation, that allows the applicant to continue to stay legally in Malta until a decision on the application has been taken by the competent authority.

(13) From the second time that an EU Blue Card holder and, where applicable, his family members make use of the possibility of relocating to another Member State under this regulation and regulation 20, "first Member State" shall be understood as meaning the Member State from where the person concerned relocates and "second Member State" shall be understood as meaning the Member State in which he is applying to reside. Notwithstanding sub-regulation (1), an EU Blue Card holder may relocate to another Member State a second time after six (6) months of legal residence in the first Member State as an EU Blue Card holder.