purposes of Studies Regulations, 2008

L.N. 29 of 2008

IMMIGRATION ACT

(CAP. 217)

Conditions of Admission of Third-country Nationals for the

purposes of Studies Regulations, 2008

IN exercise of the powers conferred by article 36 of the Immigration

Act, the Deputy Prime Minister and Minister for Justice and Home

Affairs, has made the following regulations>-

(1) The title of these regulations is the Conditions of Citation and scope.

Admission of Third-country Nationals for the purposes of Studies

Regulations, 2008.

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

conditions and rules for admission of third-country nationals to Malta

for a period exceeding three months for the purposes of studies.

(3) These regulations transpose Commission Directive

2004#114#EC of the 13th December, 2004 requiring Member States to

take measures relating to the conditions of admission of third-country

nationals for the purposes of studies, pupil exchange, unremunerated

training or voluntary services.

For the purposes of these regulations, unless the context Interpretation.

otherwise requires –

“the Act” means the Immigration Act<

“the Director” means the Director for Citizenship and

Expatriate Affairs<

“employment”, for the purpose of these regulations, shall not

include self-employment<

“establishment” means>

(a) a publicly funded institution of higher education,

established under the Education Act< or

(b) a private higher education institution as recognized

by the National Commission for Higher Education<

“the European Union” means the European Union as referred

to in the Treaty<

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

European Union<

“national minimum wage” means the wage published by

means of a national minimum wage national standard order under

the Employment and Industrial Relations Act<”

“residence permit” means a permit issued under article 4A of

the Act and in particular means an authorisation of any type giving

the right of residence within the territory of Malta to a third country

national who is not dependent upon a citizen of the European Union<

“student” means a third-country national accepted by an

establishment of higher education and admitted to pursue as his

main activity a full-time course of study leading to a higher

education qualification recognised by the Malta Qualification

Recognition Information Centre, including diplomas, certificates

or doctoral degrees in an establishment of higher education, which

may cover a preparatory course prior to such education according

to law<

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

of the European Union.

(1) These regulations shall apply to a third-country national

who submits an application to be admitted to reside in Malta for the

purpose of studies.

(2) These regulations shall not apply to>

(a) third-country nationals residing in Malta as asylum

seekers or under a subsidiary form of protection, or under temporary

protection schemes<

(b) third-country nationals whose expulsion has been

suspended for reasons of fact or of law<

(c) third-country nationals who are family members of

citizens of the European Union who have exercised their right to

free movement within the European Union in accordance with the

Order on the Free Movement of European Union Nationals and

their Family Members<

(d) third-country nationals who enjoy long-term resident

status in another Member State and exercise their right to reside in

Malta in order to study in accordance with the Status of Long Term-

Residents (Third Country Nationals) Regulations, 2006< and

L.N. 278 of 2006.

(e) third-country nationals who have registered their

employment or self-employment with the Employment and

Training Corporation in accordance with the Manpower Records

(Commencement or Termination of Employment) Regulations, L.N. 110 of 1993.

1993.

(1) These regulations shall be without prejudice to more More favourable

favourable provisions of bilateral or multilateral agreements which Malta provisions.

may have with the Community, other Member States or third countries.

(2) Procedures regarding entry and residence in Malta of

third country nationals who participate in Community programmes, shall

be facilitated.

The admission of a third-country national under these Conditions for

admission.

regulations shall be subject to the verification of documentary evidence

showing that such national meets the conditions laid down in regulations

6 and 7 of these regulations.

A third-country national who applies to be admitted for the General

conditions.

purposes set out under this regulation and regulation 8 of these

regulations shall submit to the Director an application for a residence

permit for the said purposes and>

(a) present a valid passport whose validity shall cover the

duration of the course of studies to be undertaken<

(b) in the case of a minor, present a parental declaration

authorizing the minor to reside in Malta for the purposes of studies

for the duration of the course<

(c) without prejudice to the provisions of the Healthcare

Fees Regulations 2004, present proof that he is covered by sickness L.N. 201 of 2004.

insurance in respect of all risks against sickness normally covered

for Maltese nationals by the Government of Malta<

(d) present proof that he has been accepted by an

establishment to follow a full-time course of study recognized by

the Malta Qualification Recognition Information Centre>

Provided that where the third country national is applying to

study at a private institution for a degree to be awarded by a non-

Maltese educational entity, the third country national shall provide

evidence that he has registered as an external student with such

entity<

(e) provide evidence that during his stay he will have

sufficient funds to cover his subsistence which will be equivalent

to a minimum of seventy-five percent of the national minimum

wage calculated on a weekly basis for the duration of his stay in

Malta, tuition fees and return travel costs>

Provided that paragraph (e) shall apply without prejudice to

an individual examination of each case by the Director<

(f) provide evidence of sufficient knowledge of the language

of the course to be followed by such national<

(g) provide proof that he has paid the fees charged by the

establishment, where applicable.

(1) Without prejudice to regulations 9 and 10(1) of these

regulations, a third-country national who has already been admitted as

a student in another Member State and applies to follow in Malta part

of the studies already commenced, or to complement them with a related

course of study in Malta, shall be issued with an entry visa, where

required, within a period that does not hamper the pursuit of the relevant

studies, whilst leaving the Director sufficient time to process the

application for a residence permit, if the student>

(a) meets the conditions referred to in regulation 6 in the

said other Member State< and

(b) has sent, with his application, full documentary evidence

of his academic record and evidence that the course he wishes to

follow genuinely complements the one he has completed in the

other Member State< and

(c) participates in a Community or bilateral exchange

programme or has been admitted as a student in the other Member

State for not less than two years>

Provided that the requirements referred to in paragraph(c)

hereof, shall not apply in the case where the student, in the

framework of his programme of studies, is obliged to attend a part

of his courses in an establishment of another Member State.

(2) The Director may request the Member State of residence

of the student to provide the appropriate information in relation to the

stay of the student in the territory of that Member State.

(3) At the request of the competent authorities of another

Member State, the Director shall provide information in relation to the

stay of a third country national student who has moved from Malta to

the said Member State to follow part of the studies already commenced

in Malta or to complement them with a related course and to whom a

residence permit has been issued by the Director.

The Director shall issue a residence permit to the student for a Issue of residence

permit.

period of at least one year if such student meets the conditions laid

down in regulation 6 as long as the student is not regarded as a threat to

public policy, public security and public health>

Provided that where the duration of the course of study is less than

one year, the permit shall be issued for the duration of the course>

Provided further that the issuing of the residence permit shall be

made subject to the student successfully undergoing a health screening

as will be determined at the time by the Superintendent of Public Health.

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

non-renewal of

permit issued on the basis of these regulations>

residence permit.

(a) when the residence permit has been fraudulently

acquired< or

(b) wherever it appears that the applicant did not meet or

no longer meets the conditions laid down in the provisions of

regulation 6 of these regulations< or

(c) when he does not respect the limits imposed on access

to economic activities in accordance with regulation 11 of these

regulations< or

(d)

when he does not make acceptable progress in his

studies<

(e)

on grounds of public policy, public security or public

health.

(1) The Director shall take a decision on an application to Procedural

guarantees and

obtain or renew a residence permit and notify the applicant thereof within transparency.

a period that does not hamper the pursuit of the relevant studies, whilst

leaving the Director sufficient time to process the application>

Provided that if the information supplied in support of the

application is inadequate, processing of the application may be

suspended and the Director shall inform the applicant of any further

information he needs.

(2) The Director shall give the student who has submitted

an application to obtain or renew a residence permit, written notification

of his rejection of the application or, in the case of the withdrawal of

the permit, notification of the procedures available and the time limit

for lodging an appeal to the Immigration Appeals Board.

(3) Where the Director takes a decision to reject an

application or to withdraw a residence permit in accordance with

regulation 9 of these regulations, the student shall have the right to

appeal against such decision to the Immigration Appeals Board.

Students holding a residence permit shall be entitled to take

up employment, for a maximum period of ten hours each week, as long

as they are in possession of an employment licence issued in terms of

article 11(3) of the Act>

Provided that the student shall not be so entitled during his first

year of residence in Malta in terms of these regulations>

Provided further that the employment licence shall not be issued

if, after an examination of the labour market situation in Malta, it appears

to the Minister responsible for labour that the issue of such licences

shall have adverse effects on the said labour market.

Mitbug[ fl-Istamperija tal-Gvern — Printed at the Government Printing Press

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