Twitter Logo Youtube Circle Icon LinkedIn Icon

The Legal 500 Hall of Fame Icon The Legal 500 Hall of Fame highlights individuals who have received constant praise by their clients for continued excellence. The Hall of Fame highlights, to clients, the law firm partners who are at the pinnacle of the profession. In Europe, Middle East and Africa, the criteria for entry is to have been recognised by The Legal 500 as one of the elite leading lawyers for seven consecutive years. These partners are highlighted below and throughout the editorial.
Click here for more details

Malta > Legal Developments > Law firm and leading lawyer rankings

Editorial

The Intra-Corporate Transfer Regulations

December 2018 - Tax & Private Client. Legal Developments by GVZH Advocates.

More articles by this firm.

The Conditions of Entry and Residence of Third-Country Nationals in the Framework of an Intra-Corporate Transfer Regulations (“Regulations”) were brought into force through Subsidiary Legislation 217.21. These Regulations transpose EU Directive 2014/66/EU into Maltese law.

The scope of these Regulations is to determine the conditions of entry and residence:

  1. For more than ninety days in Malta, for third country nationals and their family members; and
  2. When Malta is not the Member State which first grants the third country national an intra-corporate transferee permit.

An intra-corporate transfer is defined in the Regulations as

  • 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

The Regulations thus apply to third country nationals who reside outside the EU at the time of the application and either:

  • apply to be admitted into Malta under these Regulations or
  • have been admitted to the territory of another Member State in the framework of an intra-corporate transfer as managers, specialists or trainee employees.

An application may be refused in certain circumstances such as when the evidence required under the conditions of admission is not presented or the documents presented were fraudulently acquired, falsified, or tampered with.

An application should be submitted whilst the third country national is residing outside Malta. Such application needs to be submitted to Identity Malta, the Maltese Authority, only where the first stay in Europe shall take place in Malta or if the stay in Malta will be the longest overall stay during the transfer. The maximum duration of the intra-corporate transfer shall be three years for managers and specialists and one year for trainee employees after which they shall leave Malta unless they obtain a residence permit on another basis.

For further information about how GVZH Advocates can help you with your residency requirements, kindly contact us on privateclients@gvzh.com.mt.

Interview with...

Law firm partners and practice heads explain how their firms are adapting to clients' changing needs

International Law Firm Networks

International comparative guides

Giving the in-house community greater insight to the law and regulations in different jurisdictions.

Select Practice Area

GC Powerlist -
Europe

International Law Firm Networks