Third Country Nationals for Scientific Research Purposes

L.N. 102 of 2008

IMMIGRATION ACT

(CAP. 217)

Third Country Nationals for Scientific Research Purposes

(Specific Admittance Procedure) Regulations, 2008

IN exercise of the powers conferred by articles 4A and 36 of the

Immigration Act, the Deputy Prime Minister and Minister of Justice

and Home Affairs has made the following regulations>

PART I

(1) The title of these regulations is the Third Country Citation and

purpose.

Nationals for Scientific Research Purposes (Specific Admittance

Procedure) Regulations, 2008.

(2) The purpose of these regulations is to determine the

conditions for the admission of third country researchers to Malta for a

period of more than three months for the purposes of carrying out a

research project under a hosting agreement with a research organization.

(3) These regulations transpose the provisions of Council

Directive 2005#71#EC of the 12 October 2005 on a Specific procedure

for admitting third-country nationals for the purposes of scientific

research.

In these regulations, unless the context otherwise requires>

Interpretation.

“the Act” means the Immigration Act<

“the Board” means the Immigration Appeals Board

constituted under article 25A of the Act<

“the Council” means the Malta Council for Science and

Technology<

“the Director” means the Director for Citizenship and

Expatriate Affairs<

“Member State” means any State which is a member of the

European Union<

“third country national” means any person who is not a citizen

of a Member State<

“research” means creative work undertaken on a systematic

basis in order to increase the stock of knowledge, including

knowledge of man, culture and society, and the use of this stock of

knowledge to devise new applications<

“research organisation” means any public or private

organisation which conducts research and which has been approved

for the purposes of these regulations by the Council in accordance

with the procedures the Council may issue from time to time<

“researcher”, for the purposes of these regulations, means a

third country national holding an appropriate higher education

qualification which gives access to a doctoral programme, who is

selected by a research organisation for the carrying out of a research

project for which such qualification is normally required<

“residence permit” bearing thereon the term “researcher”

means a uniform residence permit issued under the Immigration

Regulations to a researcher.

These regulations shall apply to third country nationals who

apply to be admitted to Malta for the purpose of carrying out a research

project>

Provided that these regulations shall not apply to third country

nationals>

(a) who are in Malta or another Member State as applicants

for international protection or reside therein under a temporary

protection scheme<

(b) who have applied to reside in Malta as students within

the terms of the Regulations on Conditions of Admission of Third-

country Nationals for the purposes of Studies Regulations, 2008<

(c) whose removal from Malta has been suspended in terms

of the Act<

(d) who are researchers seconded by a research organization

in another Member State to a research organisation in Malta.

PART II

RESEARCH ORGANISATIONS

(1) A research organisation wishing to host a researcher Approval.

under the terms laid down in these regulations shall be approved for

that purpose by the Council in accordance with procedures established

by it.

(2) The approval given by the Council under sub-regulation

(1) shall be valid for a period of not less than five years or, in exceptional

cases, for a shorter period.

(3) In January of each year, the Council shall publish a list

of the research organizations approved for the purposes of these

regulations in the Gazette and on the Council’s official website.

(4) The Council shall refuse to renew or shall withdraw the

approval of a research organization>

(a) which no longer meets the conditions laid down by the

Council for the purposes of sub-regulation (1) and the provisions

of paragraph (c) of sub-regulation (2) of regulation 6< or

(b) which fails to provide to the Council, within two months

of the date of expiry of the hosting agreement referred to in

regulation 5, with confirmation that the work has been carried out

for each of the research projects in respect of which a hosting

agreement has been signed< or

(c) in cases where the approval has been fraudulently

acquired< or

(d) where the said research organization has signed a hosting

agreement with a third-country national fraudulently or negligently.

(5) Where approval for a research organization has been

refused or withdrawn for the reasons stated in sub-regulation (4), such

organization shall not reapply for approval for a period to be determined

by the Council which period shall not exceed five years from the date

of the notification of the decision on withdrawal or non-renewal.

(1) A research organisation wishing to host a researcher shall Hosting Agreement.

sign a hosting agreement with such researcher in accordance with

procedures established by the Council and subject to the conditions of

regulation 6, whereby the researcher undertakes to complete the research

project and the organisation undertakes to host the researcher for that

purpose.

(2) The hosting agreement shall automatically lapse when

the researcher is not admitted to Malta or when the legal relationship,

provided for in paragraph (b) of sub-regulation (2) of regulation 6,

between the researcher and the research organization is terminated.

(3) Research organizations shall promptly inform the

Council of any occurrence likely to prevent implementation of the

hosting agreement.

PART III

ADMISSION OF RESEARCHERS

(1) A third-country national who wishes to be admitted for

the purposes set out in these regulations shall submit an application for

a residence permit to the Director, whether he is residing in or outside

Provided that, without prejudice to any right of residence that

the applicant may enjoy in Malta, such application shall be considered

by the Director whilst the applicant is residing outside Malta.

(2) Together with his application, the applicant shall submit

(a) a valid travel document which shall be valid, at least,

for the duration of the residence permit<

(b) the hosting agreement, which shall specify the legal

relationship and working conditions of the researcher, duly signed

by the researcher and the research organization, provided that the

following conditions have been met>

(i) the research project has been accepted by the

relevant authorities in the research organization, after the said

authorities have examined the purpose, the duration of the

research, the availability of the necessary financial resources

for it to be carried out and the researcher’s qualifications, in

the light of the research objectives, which qualifications should

be evidenced by a certified copy of his qualification<

(ii) during his stay, the researcher has sufficient

monthly resources equivalent to, at least, the amount of the

national minimum wage in Malta with an addition of another

twenty percent income or resources for each member of the

family without recourse to the social assistance system in

Malta, and return travel costs<

(iii) during his stay, the researcher has sickness

insurance for all risks normally covered for Maltese nationals

for himself and for his family<

(c) a declaration by the research organization of its financial

responsibility, which shall end, at the latest six months after the

termination of the hosting agreement, that where the researcher

remains illegally in Malta, the said organization shall be responsible

for reimbursing the costs related to his stay and return, if such

expenses are incurred by the Government of Malta.

(1) When the Director is satisfied that the conditions of the Residence permits.

provisions of regulation 6 have been complied with, and the third country

national is not considered to be a threat to public policy, public security

and public health, the Director shall notify the third country national

that a residence permit will be issued to him.

(2) The researcher shall be given every facility to obtain a

visa, when this is required, to enter Malta.

(3) The Director shall issue a residence permit to the third

country national researcher for a period of one year, which shall be

renewable, or for the duration of the project if it is scheduled to last less

than one year>

Provided that the Director shall not renew such permit if the

conditions laid down in regulation 6 no longer subsist.

The Director may withdraw or refuse to renew a residence Director may

withdraw etc.

permit issued under these regulations>

residence permit.

(a) when the residence permit has been fraudulently

acquired<

(b) wherever it appears to the Director that the holder did

not meet, or no longer meets, the conditions for entry and residence

provided by regulation 6<

(c) wherever it appears to the Director that the holder is

residing for purposes other than those for which he was authorized

to reside<

(d) for reasons of public policy, public security or public

health.

The following members of the family of the researcher shall

be allowed to accompany or to join him during the period of the validity

of his residence permit>

(a)

his spouse>

Provided that in the event of a polygamous marriage, where

the researcher already has a spouse living with him in Malta, the

Director shall not authorize a further spouse to join the researcher<

and

(b) the unmarried minor children of the researcher and of

his spouse, including adopted children.

(1) Subject to the provisions of these regulations, a family

member who wishes to reside in Malta with the researcher shall, on

application to the Director, be issued with a residence permit valid for

the duration of the residence permit of the researcher, insofar as the

period of validity of their travel documents allows it>

Provided that in duly justified cases, the duration of the said

residence permit may be shortened.

(2) Without prejudice to any provisions regarding

employment provided for in the Act or regulations made thereunder,

the spouse shall have access to employment during the validity of the

residence permit.

PART IV

RESEARCHERS’ RIGHTS

The researcher may carry out teaching activities in accordance

with guidelines issued by the Council.

Researchers holding a residence permit shall be entitled to

equal treatment as nationals with respect to>

(a) the recognition of diplomas, certificates and other

professional qualifications in accordance with the Mutual

Recognition of Qualifications Act and any regulations made Kap. 451.

thereunder, and other relevant legislation<

(b) conditions relating to work, including pay and dismissal<

(c) branches of social security as defined in Council

Regulation (EEC) No 1408#71 of 14 June 1971 on the application

of social security schemes to employed persons, to self-employed

persons and to members of their families moving within the

Community>

Provided that the special provisions in the Annex to Council

Regulation (EC) No 859#2003 of 14 May 2003 extending the

provisions of Regulation (EEC) No 1408#71 and Regulation (EEC)

No 574#72 to nationals of third countries who are not already

covered by these provisions solely on the ground of their nationality

shall apply accordingly<

(d) tax benefits<

(e) access to goods and services and the supply of goods

and services made available to the public.

(1) A third-country national who has been admitted as a Admission of

researcher in another Member State shall be allowed to carry out part researchers

another Member

of his research in Malta subject to the following conditions>

State.

(a) If the researcher’s stay in Malta does not exceed a period

of three months, the research may be carried out on the basis of

the hosting agreement concluded in the first Member State,

provided that the researcher has sufficient resources in Malta as

established sub-paragraph (ii) of paragraph (b) of sub-regulation

(2) of regulation 6 and is not considered as a threat to public policy,

public security or public health in Malta<

(b) If the researcher’s stay in Malta is for a period of more

than three months the provisions of regulation 6 shall apply.

(2) Where a visa or a residence permit is required for the

researcher to conduct the necessary research, the relative application

shall be submitted, and the visa or residence permit shall be granted, in

a timely manner>

Provided that the researcher shall not be required to leave

Malta in order to submit an application for the necessary visa or residence

permit.

PART V

PROCEDURES

(1) The Director shall adopt a decision on the application

as soon as possible and, where appropriate, provide for accelerated

procedures>

Provided that if the information supplied in support of the

application is inadequate, the consideration of the application may be

suspended and the Director shall inform the applicant of any further

information that would be required.

(2) Where the Director has taken a decision to reject an

application for a residence permit, he shall notify in writing the third-

country national concerned of his decision and of his right about the

redress procedures available and the time limit for taking action for

such redress.

(3) Where an application is rejected, or a residence permit,

issued in accordance with these regulations, is withdrawn, the person

concerned shall have the right to appeal to the Board.

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