S.L. 217.20 Art. 7Grounds for rejection. Cap. 386. Cap. 13.

(1) The Executive Chairperson or the authorities responsible for the issue of work permits, as the case may be, shall reject an application for authorisation for the purpose of seasonal work where:

(a) the provisions of regulations 4 or 5 are not complied with; or

(b) the documents presented for the purpose of regulations 4 or 5 were fraudulently acquired, or falsified, or tampered with.

(2) The Executive Chairperson or the authorities responsible for the issue of work permits, as the case may be, shall, if appropriate, reject an application for authorisation for the purpose of seasonal work where:

(a) the employer has been sanctioned for undeclared work and, or illegal employment;

(b) the employer’s business is being or has been wound up in accordance with the relevant provisions of the Companies Act and the Commercial Code or no economic activity is taking place;

(c) the employer has been sanctioned under regulation 16.

(3) (a) Before taking a decision on an application for the purpose of seasonal work, the Executive Chairperson or the authorities responsible for the issue of work permits, as the case may be, shall consult the pertinent authorities responsible for employment matters in order to verify whether the vacancy concerned may be filled by:

(i) Maltese nationals; or

(ii) citizens of other Member States of the Union; or

(iii) third country nationals lawfully resident in Malta.

(b) The Executive Chairperson or the authorities responsible for the issue of work permits, as the case may be, shall refuse the said application if the vacancy could be so filled.

(4) The provisions of sub-regulation (3) shall apply without prejudice to the principle of preference for Union citizens as expressed in the relevant provisions of the relevant Acts of Accession.

(5) The Executive Chairperson or the authorities responsible for the issue of work permits, as the case may be, may reject an application for authorisation for the purpose of seasonal work where:

(a) the employer has failed to meet legal obligations regarding social security, taxation, labour rights, working conditions or terms of employment as provided for in applicable law and, or collective agreements; or AS SEASONAL WORKERS

(b) within twelve months immediately preceding the date of the application, the employer has abolished a full-time position in order to create the vacancy that the employer is trying to fill by the use of these regulations; or

(c) the third country national has not complied with the obligations arising from a previous decision on admission as a seasonal worker.

(6) Without prejudice to the provisions of sub-regulation (1), any decision to reject an application shall take account of the specific circumstances of the case, including the interests of the seasonal worker, and shall respect the principle of proportionality.

(7) Grounds for refusing the issuing of a short-stay visa are regulated in the relevant provisions of the Visa Code.