Highly Qualified Persons Rules Amended

By virtue of Legal Notice 29 of 2021, the Highly Qualified Persons (Amendment) Rules, 2021, introduced a number of amendments to the Highly Qualified Person Rules (S.L 123.126 – the “Rules”), which Rules had originally come to a close for new applications on 31st December 2020. The amendments, which apply retrospectively from 31st December 2020, include the following:

(i)  determinations under the Rules may now be issued by the Competent Authorities until 31st December 2025, and any such determination issued must refer to any employment which commences by 31st December 2026, and ceases to apply by 31st December 2030.

(ii) whereas previously the Rules only allowed beneficiaries to a one-time extension of 5 or 4 years, applicable to EU/EEA/Swiss nationals and non-EU/EEA/Swiss nationals respectively, the Rules now provide that a beneficiary may benefit from 2 extensions.

(iii) removal of a claw-back provision applicable to non-EU/EEA/Swiss nationals.

How can we help?

Should you require any further information or assistance on the matter, please do not hesitate to reach out to us personally on rosanne.bonnici@fenechlaw.com and rebecca.diacono@fenechlaw.com 

©Fenech & Fenech Advocates 2021

Disclaimer │ The information provided on this Update does not, and is not intended to, constitute legal advice. All information, content, and materials available are for general informational purposes only.  This Update may not constitute the most up-to-date legal or other information and you are advised to seek updated advice.