Regulations, 2018

L.N 212 of 2018

IMMIGRATION ACT

(CAP. 217)

Conditions of Entry and Residence of Third-Country Nationals for

the Purposes of Research, Studies, Training and Voluntary Service

in the Mobility Project for Young People: Voluntary Projects

Regulations, 2018

IN EXERCISE of the powers conferred by article 36 of the

Immigration Act, the Minister responsible for Immigration, has made

the following regulations:-

PART I

General Provisions

(1) The title of these regulations is the Conditions of

Entry and Residence of Third-Country Nationals for the Purposes of

Research, Studies, Training and Voluntary Service in the Mobility

Project for Young People: Voluntary Projects Regulations, 2018.

(2) These regulations transpose the provisions of Council

Directive 2016/801/EU of 11 th May 2016 on the conditions of entry

and residence of third-country nationals for the purposes of research,

studies, training, voluntary service, pupil exchange schemes or

educational projects and au pairing except for the optional provisions

concerning third country nationals seeking entry and residence for the

purposes of

(a) other voluntary service apart from the Mobility

Project for Young People: Voluntary Projects;

(b)

pupil exchange schemes or educational projects; and

(c)

au pairing

Provided that the categories of third country nationals

that may be admitted into Malta for the purpose mentioned in

paragraphs (a), (b) and (c), in addition to any requirements that

the Chief Executive Officer together with the pertinent

employment and education authorities in Malta shall establish in

order that they may so be admitted, shall have comprehensible

sickness insurance and adequate resources that enable them to

maintain themselves during their authorized stay in Malta.

(3)

The scope of these regulations is to lay down

Scope.

(a) the conditions of entry into, and residence for a

period exceeding 90 days in Malta, and the rights of third-

country nationals, and where applicable their family members,

for the purpose of research, studies, training or voluntary service

in the Mobility Project for Young People: Voluntary Projects;

(b) the conditions of entry and residence, and the rights

of researchers, and where applicable their family members, and

students, referred to in paragraph (a), in Malta, where such third

country nationals have been granted an authorisation in an other

Member State on the basis of Council Directive 2016/801/EU of

11 th May 2016 on the conditions of entry and residence of third-

country nationals for the purposes of research, studies, training,

voluntary service, pupil exchange schemes or educational

projects and au pairing.

In these regulations, unless the context otherwise requires

Interpretation.

"Act" means the Immigration Act;

"authorisation" means a residence permit, or a long-stay

visa issued for the purposes of these regulations;

"the Board" means the Immigration Appeals Board

constituted under article 25A of the Immigration Act;

"Chief Executive Officer" means the Chief Executive

Officer, Identity Management and Ancillary Services responsible

for the performance, functions and duties of the Identity Malta

Agency in terms of the Identity Malta Agency (Establishment) S.L. 497.07.

Order;

"the Council" means the Malta Council for Science and

Technology;

"education establishment" means a public or private

secondary educational establishment, including schools,

providers and any other licensed body recognised by Malta or

whose programmes of study are recognised in accordance with

the Education Act;

"educational project" means a set of educational actions

developed by a Maltese educational establishment in cooperation

with similar establishments in a third country, with the purpose

of sharing cultures and knowledge;

"employer" means any natural person or any legal entity,

for or under the direction or supervision of whom or which the

employment is undertaken;

"employment" means the exercise of activities covering

any form of labour or work regulated under national law or

applicable collective agreements or in accordance with

established practice for or under the direction or supervision of

an employer;

"family members" means third-country nationals as defined

in regulation 4(1) of the Family Reunification Regulations;

"higher education institution" means a provider of non-

compulsory formal, non-formal and informal learning or

research which serves to obtain a national qualification classified

at level 5 of the Malta Qualifications Framework or higher, or a

foreign qualification at a comparable level;

"host entity" means a research organisation, a higher

education institution, an education establishment, an

organisation responsible for a Mobility Project for Young

People: Voluntary Projects scheme or an entity hosting trainees

to which the third-country national is assigned for the purposes

of these regulations and which is located in the territory of

Malta, irrespective of its legal form, in accordance with national

law;

"Identity Malta Agency" means the Agency established by

the Identity Malta Agency (Establishment) Order;

"long-stay visa" means an authorisation issued in

accordance with Article 18 of the Schengen Convention;

"Member State" means any State which is a member of the

European Union and which is participating in the provisions of

the Directive referred to in regulation 1(2);

"Mobility Project for Young People: Voluntary Projects

scheme" means a programme of practical solidarity activities,

based on a scheme recognised as such by the Union, pursuing

objectives of general interest for a non-profit cause, in which the

activities are not remunerated, except for reimbursement of

expenses and, or pocket money;

"other Member State" means the Member State which first

issues an authorisation to a third-country national on the basis of

the Directive referred to in regulation 1(2);

"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;

"researcher" means a third-country national who holds a

doctoral degree or an appropriate higher education qualification

which gives that third-country national access to doctoral

programmes, who is selected by a research organisation and

admitted to Malta for carrying out a research activity for which

such qualification is normally required;

"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;

"residence permit" means an authorisation issued using the

format laid down in Regulation (EC) No 1030/2002 entitling its

holder to stay legally in the territory of Malta;

"second Member State" means the Member State to which

the third country national moves after being granted

authorisation by Malta as an other Member State;

"student" means a third-country national who has been

accepted by a higher education institution and is admitted to

Malta to pursue as a main activity a full-time course of study

leading to a higher education qualification recognised by the

Malta Qualifications Recognition Information Centre, including

diplomas, certificates or doctoral degrees in a higher education

institution, which may cover a preparatory course prior to such

education, in accordance with Maltese law, or compulsory

training;

"third-country national" means a person who is not a

citizen of the Union within the meaning of Article 20(1) of the

Treaty on the Functioning of the European Union;

"trainee" means a third-country national who holds a

degree of higher education or is pursuing a course of study in a

third country that leads to a higher education degree and who is

admitted to the territory of Malta for a training programme for

the purpose of gaining knowledge, practice and experience in a

professional environment;

"Union or multilateral programmes that comprise mobility

measures" means programmes funded by the Union or by

Member States promoting mobility of third-country nationals in

the Union or in the Member States participating in the respective

programmes;

"volunteer" means a third-country national who is admitted

to Malta to participate in the Mobility Project for Young People

Voluntary Projects scheme.

(1) These regulations shall apply to third-country

nationals who apply to be admitted or who have been admitted to

Malta for the purpose of, carrying out research, studies, training or

voluntary service in the Mobility Project for Young People: Voluntary

Projects.

(2)

These regulations shall not apply to third-country nationals

(a) who seek international protection or who are

beneficiaries of international protection in accordance with the

Refugees Act, the Procedural Standards for Granting and

Withdrawing International Protection Regulations and the

Council Directive 2011/95 on standards for the qualification of

third-country nationals or stateless persons as beneficiaries of

international protection for a uniform status for refugees or for

persons eligible for subsidiary protection, and for the content of

the protection granted, or who are beneficiaries of temporary

protection in accordance with Temporary Protection for

Displaced Persons (Minimum Standards) Regulations and

Council Directive 2001/55/EC on minimum standards for giving

temporary protection in the event of a mass influx of displaced

persons and on measures promoting a balance of efforts between

Member States in receiving such persons and bearing the

consequences thereto;

(b) whose expulsion has been suspended for reasons of

fact or of law;

(c) who are family members of Union citizens who have

exercised their right to free movement within the Union;

(d) who enjoy long-term resident status in a Member

State in accordance with the Status of Long-Term Residents

(Third Country Nationals) Regulations and Council Directive

2003/109/EC concerning the status of third-country nationals

who are long-term residents;

(e)

who enjoy, together with their family members, and

irrespective of their nationality, rights of free movement

equivalent to those of citizens of the Union under agreements

either between the Union and its Member States and third

countries or between the Union and third countries;

(f) who come to the Union as trainee employees in the

context of an intra-corporate transfer under the Conditions of S.L. 217.21.

entry and residence of third-country nationals in the Framework

of an Intra-Corporate Transfer Regulations and Council

Directive 2014/66/EU on the conditions of entry and residence

of third-country nationals in the framework of an intra-corporate

transfer;

(g) who are admitted as highly qualified workers in

accordance with the Conditions of Entry and Residence of Third- S.L. 217.15.

Country Nationals for the purpose of Highly Qualified

Employment Regulations and Council Directive 2009/50/EC of

the 25th May 2009 on the conditions of entry and residence of

third-country nationals for the purposes of highly qualified

employment.

These regulations shall be without prejudice to more More favourable

provisions.

favourable provisions of

(a) bilateral or multilateral agreements concluded

between the Union or the Union and its Member States and one

or more third countries; or

(b) bilateral or multilateral agreements concluded

between Malta and one or more Member States and one or more

third countries.

PART II

Conditions for admission Criteria and requirements for admission.

(1) The admission of a third-country national under these

regulations shall be subject to the verification of documentary

evidence, in either the Maltese or the English language, attesting that

the third-country national meets

(a)

the general conditions laid down in regulation 7; and

(b) the relevant specific conditions in regulations 8, 11,

12 or 13.

(2) Where all the general conditions and relevant specific

conditions are fulfilled, the third-country national shall be entitled to

an authorisation

Provided that where an authorisation is in the format of a

residence permit and all the admission conditions laid down in the

regulations have been fulfilled, a visa, where this is required, shall be

issued with a view to enabling the person to travel to Malta.

Without prejudice to the provisions of these regulations, the

pertinent authorities shall determine in accordance with Article 79(5)

of the Treaty on the Functioning of the European Union, the volumes

of admission of third-country nationals referred to in regulation 3(1) of

these regulations

Provided that, with regard to students, the pertinent

authorities may either consider an application for authorisation to be

inadmissible, or rejected, if it is considered that students are or will be

in an employment relationship.

(1) A third country national applying for admission under

these regulations shall submit the following documents to the Chief

Executive Officer

(a) a valid travel document and, if required, an

application for a visa or a valid visa or, where applicable, a valid

residence permit or a valid long-stay visa; the period of validity

of the travel document shall cover at least the duration of the

planned stay;

(b) if the applicant is a minor, a parental authorisation or

an equivalent document for the planned stay;

(c) evidence that he has applied for sickness insurance

for all risks normally covered for Maltese nationals which shall

be valid for the duration of the planned stay;

(d)

evidence that any fee that may be applicable has been

paid;

(e) evidence that during the planned stay, the applicant

will have sufficient resources to cover subsistence costs without

having recourse to the national social assistance system in Malta

as well as return travel costs

Provided that the assessment of the sufficient

resources shall be based on an individual examination of the case

and shall take into account resources that derive, inter alia, from

a grant, a scholarship or a fellowship, a valid work contract or a

binding job offer or a financial undertaking by an entity hosting

trainees or a Mobility Project for Young People: Voluntary

Projects scheme organisation

Provided further that the provisions of paragraphs (c),

(d) and (e) shall not apply to a researcher hosted by an approved

research organisation in terms of regulation 9 where these

conditions would have been agreed to between the host research

organisation and the researcher and included in the host

agreement.

(2) The applicant may be required to provide the address of his

principal place of residence in Malta

Provided that, if the applicant cannot provide his future

address at the time of application, the Chief Executive Officer shall

accept a temporary address and the applicant shall provide his

permanent address before the issuance of an authorisation pursuant to

regulation 15.

(3) The Chief Executive Officer may indicate a reference

amount which he regards as constituting ‘sufficient resources’ as

referred to in sub-regulation (1)(e). The assessment of the sufficient

resources shall be based on an individual examination of the case.

(4) The application shall be submitted and examined either

when the applicant concerned is residing outside Malta or when the

applicant is residing in Malta as holder of a valid residence permit or

long-stay visa

Provided that the Chief Executive Officer may accept an

application submitted when the applicant concerned is not in

possession of a valid residence permit or long-stay visa but is legally

present in Malta.

(5) The application shall be submitted by the third country

national and endorsed by the host entity.

(6) A third-country national who is considered to pose a threat

to public policy, public security or public health shall not be admitted.

(1) Without prejudice to the general conditions laid down Specific

in regulation 7, a third-country national submitting an application for conditions

researchers.

admission for the purpose of research shall present a hosting

agreement, which shall specify the legal relationship and working

conditions of the researcher, duly signed by the researcher and the

research organisation, provided that

(a) the research project has been accepted by the relevant

authorities in the research organisation, 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;

(b) the research organisation has made a declaration of its

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

after the termination of the hosting agreement, stating that where

the researcher remains illegally in Malta, the said organisation

shall be responsible for reimbursing the costs related to his stay

and return, if such expenses are incurred by the Government of

Malta

Provided that, where the right of residence of the

researcher is extended in accordance with regulation 22, the

responsibility of the research organisation referred to in sub-

regulation (1)(b) shall be limited until the starting date of the

residence permit for the purpose of job-searching or

entrepreneurship.

(1) A research organisation wishing to host a researcher

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 minimum period of five years; in exceptional cases

approval shall be given for a shorter period.

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

research organisations approved for the purposes of these regulations

in the Government Gazette and on the official website of the Council.

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

approval of the research organisation

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

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

of regulation 8(1)(b) or the provisions of regulation 10(8); 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 10 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 organisation has signed a

hosting agreement with a third-country national fraudulently or

negligently.

(5) Where approval for a research organisation has been

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

organisation 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 non-renewal or

withdrawal.

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

shall sign a hosting agreement with such researcher in accordance with agreement.

procedures laid down by Identity Malta Agency in consultation with

the Council and subject to the conditions of regulation 8 whereby the

researcher undertakes to complete the research project and the

organisation undertakes to host the researcher for that purpose.

(2) Agreements containing the elements referred to in sub-

regulation (3) and, where applicable, in sub-regulation (4), shall be

considered equivalent to hosting agreements for the purpose of these

regulations.

(3)

The hosting agreement shall contain

(a) the title or purpose of the research activity or the

research area;

(b) an undertaking by the third-country national to

endeavour to complete the research activity;

(c) an undertaking by the research organisation to host

the third-country national for the purpose of completing the

research activity;

(d) the start and end date or the estimated duration of the

research activity;

(e) information on the intended mobility in one or several

second Member States if the mobility is known at the time of

application in Malta.

(4)

The hosting agreement may also contain

(a) information on the legal relationship between the

research organisation and the researcher;

(b)

information on the working conditions of the

researcher.

(5) Research organisations may sign hosting agreements only

if the research activity has been accepted by the said organisation, after

examination of

(a) the purpose and estimated duration of the research

activity, and the availability of the necessary financial resources

for it to be carried out; and

(b) the third-country national’s qualifications in the light

of the research objectives, as evidenced by a certified copy of the

qualifications.

(6) The hosting agreement shall automatically lapse when the

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

provided for in regulation 8, between the researcher and the research

organisation is terminated.

(7) Research organisations shall promptly inform Identity

Malta Agency and the Council of any occurrence likely to prevent

implementation of the hosting agreement.

(8) Within two months of the date of expiry of the hosting

agreement, the research organisation shall provide the Council with

confirmation that the research activity has been carried out.

(9) When the approval of an existing hosting agreement is

withdrawn or its renewal is refused, the research organisation may

lodge an appeal with the Board. The researcher shall be authorised to

remain in Malta pending the decision of the Board in his regard.

(1) In addition to the general conditions laid down in

regulation 7, a third-country national submitting an application for

admission for the purpose of studies, shall provide evidence that

(a) he has been accepted by a higher education institution

to follow a course of study;

(b) the fees charged by the higher education institution

have been paid;

(c) he has sufficient knowledge of the language of the

course to be followed;

(d)

he will have sufficient resources to cover the study

costs.

(2) Third-country nationals who automatically qualify for

sickness insurance for all risks normally covered for Maltese nationals,

as a result of enrolment at a higher education institution, shall be

presumed to meet the condition laid down in regulation 7(1)(c).

(3) The applicant shall be exempted from presenting one or

more documents or evidence referred to in sub-regulations (1) (b), (1)

(c) or (1)(d), or regulation 7(1)(d) or (2), where he is to be hosted by a

higher education institution which has been approved in terms of

regulation 14.

(1) In addition to the general conditions laid down in Specific

regulation 7, a third-country national submitting an application for conditions

trainees.

admission for the purpose of training, shall

(a) present a training agreement which provides for

theoretical and practical training with a host entity. The Chief

Executive Officer may require the approval of such training

agreement by the authority responsible for employment and the

pertinent education authorities and verify that the terms upon

which the agreement has been based meet the requirements

established in the law, collective agreements or practices. The

training agreement shall contain

(i) a description of the training programme,

including the educational objective or learning

components;

(ii)

the duration of the traineeship;

(iii) the placement and supervision conditions of the

traineeship;

(iv) the traineeship hours; and

(v) the legal relationship between the trainee and

the host entity;

(b) provide evidence of having obtained a higher

education degree within the two years preceding the date of

application or of pursuing a course of study that leads to a higher

education degree;

(c) provide evidence that during the stay he will have

sufficient resources to cover the training costs;

(d) provide evidence that he has received or will receive

language training so as to acquire the knowledge needed for the

purpose of the traineeship;

(e) provide evidence that the host entity accepts

responsibility for him throughout his stay in territory of Malta, in

particular as regards subsistence and accommodation costs;

(f) provide evidence that if he will be accommodated

throughout the stay by the host entity, the accommodation meets

the conditions in accordance with the provisions of the law.

(2) The traineeship shall be in the same field and at the same

qualification level as the higher education degree or the course of

study referred to in sub-regulation (1)(b).

(3) The Chief Executive Officer shall require the host entity to

substantiate that the traineeship does not replace a job.

(4) The Chief Executive Officer shall require a written

undertaking from the host entity stating that, in the event that a trainee

remains illegally in the territory of Malta, that host entity shall be

responsible for reimbursing the costs related to the stay and return of

the trainee incurred by public funds. The financial responsibility of the

host entity shall end at the latest six months after the termination of the

training agreement.

In addition to the general conditions laid down in

regulation 7, a third-country national applying for admission for the

purpose of voluntary service participating in the Mobility Project for

Young People: Voluntary Projects, shall

(a) provide an agreement with the host entity or, another

body responsible for the voluntary service scheme in which he is

participating. The agreement shall contain

(i)

a description of the voluntary service scheme;

(ii)

the duration of the voluntary service;

(iii) the placement and supervision conditions of the

voluntary service;

(iv) the volunteering hours;

(v) the resources available to cover his subsistence

and accommodation costs and a minimum sum of money as

pocket money throughout the stay; and

(vi) where applicable, the training he will receive to

help perform the voluntary service;

(b) provide evidence that if he is accommodated

throughout the stay by the host entity, the accommodation meets

the conditions as required by law.

(1) For the purposes of these regulations, the pertinent Approval of

education authorities shall establish a quality label for higher higher

institutions,

education institutions, education establishments, organisations education

establishments,

responsible for a voluntary service scheme or entities hosting trainees. organisations

responsible for a

(2) The quality label shall be in accordance with the

service scheme

or entities

procedures set out in administrative practice.

hosting trainees.

(3) When a quality label procedure has been established in

accordance with sub-regulations (1) and (2), it shall provide clear and

transparent information to the host entities concerned, about, inter

alia, the conditions and criteria for obtaining a quality label, its period

of validity, the consequences of non-compliance, including possible

withdrawal and non-renewal, as well as any sanction applicable.

PART III

Authorisations and Duration of Residence Authorisations.

(1) When the authorisation is in the form of a residence

permit, the Chief Executive Officer shall use the format laid down in

Regulation (EC) No 1030/2002 and shall enter the term ‘researcher’,

‘student’, ‘trainee’ or ‘volunteer’ on the residence permit.

(2) When the authorisation is in the form of a long-stay visa,

the authorities responsible for the issuance of visas shall enter a

reference stating that it is issued to the ‘researcher’, ‘student’, ‘trainee’

or ‘volunteer’ under the heading ‘remarks’ on the visa sticker.

(3) For researchers and students coming to the Union in the

framework of a specific Union or multilateral programme that

comprises mobility measures, or an agreement between two or more

recognised higher education institutions, the authorisation shall make a

reference to that specific programme or agreement.

(4) When the authorisation for long-term mobility is issued to a

researcher in the form of a residence permit, the Chief Executive

Officer shall use the format laid down in Regulation (EC) No 1030/

2002 and enter ‘researcher-mobility’ on the residence permit.

(5) When the authorisation for long-term mobility is issued to a

researcher in the form of a long-stay visa, the authorities responsible

for the issuance of visas shall enter ‘researcher-mobility’ under the

heading ‘remarks’ on the visa sticker.

(1) The period of validity of an authorisation for

researchers shall be at least one year, or for the duration of the hosting

agreement where this is shorter and the authorisation shall be subject

to a renewal unless this is excluded as provided in regulation 18

Provided that the duration of the authorisation for

researchers who are covered by Union or multilateral programmes that

comprise mobility measures shall be at least two years or for the

duration of the hosting agreement where this is shorter

Provided further that if the general conditions laid down in

regulation 7 are not met for the two years or for the whole duration of

the hosting agreement, the first paragraph of this sub-regulation shall

apply. The Chief Executive Officer shall retain the right to verify that

the grounds for withdrawal set out in regulation 18 do not apply.

(2) The period of validity of an authorisation for students shall

be at least one year, or for the duration of studies, where this is shorter

and the authorisation shall be subject to a renewal unless this is

excluded as provided in regulation 18

Provided that the duration of the authorisation for students

who are covered by Union or multilateral programmes that comprise

mobility measures or by an agreement between two or more higher

education institutions shall be at least two years, or for the duration of

their studies, where this is shorter

Provided further that if the general conditions laid down in

regulation 7 are not met for the two years or for the whole duration of

the studies, the first paragraph of this sub-regulation shall apply. The

Chief Executive Officer shall retain the right to verify that the grounds

for withdrawal set out in regulation 18 do not apply.

(3) The Chief Executive Officer may determine that the total

time of residence for studies may not exceed the maximum duration of

studies that may be provided in national law.

(4) The period of validity of an authorisation for trainees shall

be for the duration of the training agreement where this is shorter than

six months, or for a maximum of six months

Provided that if the duration of the agreement is longer than

six months, the duration of the validity of the authorisation may

correspond to the period concerned subject to approval bv the pertinent

education authorities. The Chief Executive Officer, in consultation

with the pertinent education authorities, may decide to allow the

renewal of the authorisation once, for the period necessary to complete

the traineeship if the provisions of regulation 18 do not apply.

(5) The period of validity of an authorisation for volunteers

shall be for the duration of the agreement referred to in regulation

13(a) if this period is shorter than one year or for the maximum period

of one year

Provided that if the period of validity of an authorisation

for volunteers is longer than one year, the duration of the validity of

the authorisation may correspond to the period concerned subject to

approval by the pertinent education authorities. The Chief Executive

Officer, in consultation with the pertinent education authorities, may

decide to allow the renewal of the authorisation once, for the period

necessary to complete the voluntary service if the provisions of

regulation 18 do not apply.

(6) The Chief Executive Officer or the authorities responsible

for the issuance of visas may determine that, in case the validity of the

travel document of the third-country national concerned is shorter than

one year or shorter than two years in the cases referred to in sub-

regulations (1) and (2), the period of validity of the authorisation shall

not exceed the period of validity of the travel document.

(7) Where the pertinent authorities allow entry and residence

during the first year on the basis of a long stay visa, the application to

the Chief Executive Officer for the residence permit shall be submitted

before the expiry of the long-stay visa, and the residence permit shall

be issued if the provisions of regulation 18 do not apply.

PART IV

Grounds for rejection, withdrawal or non-renewal of authorisations

(1) The

Chief

Executive

Officer

shall reject

an

rejection.

application where

(a) the general conditions laid down in regulation 7 or

the relevant specific conditions laid down in regulations 8, 11, 12

or 13 are not met;

(b) the documents presented have been fraudulently

acquired, or falsified, or tampered with;

(c)

the host entity is not approved;

(d) the Chief Executive Officer has evidence or serious

and objective grounds to establish that the third-country national

would reside for purposes other than those for which he applied

to be admitted.

(2)

An application may be rejected where

(a) the host entity or another body as referred in

regulation 13(a), has failed to meet its legal obligations

regarding social security, taxation, labour rights or working

conditions;

(b) where applicable, the terms of employment as

provided for in the law or collective agreements or practices in

Malta are not met by the host entity that will employ the third-

country national;

(c) the host entity or another body as referred to in

regulation 13(a), has been sanctioned in accordance with the law

for undeclared work or illegal employment;

(d) the host entity was established or operates for the

main purpose of facilitating the entry of third-country nationals

falling under the scope of these regulations;

(e) the host entity’s business is being or has been wound

up in accordance with the provisions of the Companies Act or if

no economic activity is taking place.

(3) Where a third-country national applies to be admitted to

enter into an employment relationship in Malta, the authorities

responsible for employment may verify whether the post in question

could be filled by Maltese nationals or by other Union citizens, or by

third-country nationals lawfully residing in Malta, in which case, the

Chief Executive Officer may reject the application. This provision

shall apply without prejudice to the principle of preference of Union

citizens as expressed in the relevant provisions of the Treaty of

Accession.

(4) Without prejudice to sub-regulation (1), any decision to

reject an application shall take account of the specific circumstances of

the case and the principle of proportionality.

(1) The Chief Executive Officer shall withdraw or, where

applicable, refuse to renew an authorisation where

(a) the third-country national no longer meets the general

conditions laid down in regulation 7, except for regulation 7(6),

or the relevant specific conditions laid down in regulations 8, 11,

12 or 13, or the conditions laid down in regulation 16;

(b) the authorisation or the documents presented have

been fraudulently acquired, or falsified, or tampered with;

(c)

the host entity is not approved;

(d) the third-country national is residing for purposes

other than those for which he was authorised to reside.

(2) The Chief Executive Officer may withdraw or refuse to

renew an authorisation where

(a) the host entity or another body as referred to in

regulation 13 (a), has failed to meet its legal obligations

regarding social security, taxation, labour rights or working

conditions;

(b) where applicable, the terms of employment as

provided for in national law or collective agreements or practices

in Malta are not met by the host entity employing the third-

country national;

(c) the host entity or another body as referred to in

regulation 13(a), has been sanctioned in accordance with

national law on undeclared work or illegal employment;

(d) the host entity was established or operates for the

main purpose of facilitating the entry of third-country nationals

falling under the scope of these regulations;

(e) where applicable, the host entity’s business is being

or has been wound up in accordance with the provisions of the

Companies Act or no economic activity is taking place;

(f) with regard to students, the time limits imposed on

access to economic activities under regulation 21 are not

respected or a student does not make sufficient progress in the

relevant studies.

(3) With regard to withdrawal of authorisation, when assessing

the lack of progress in the relevant studies, as referred to in sub-

regulation (2)(f), the Chief Executive Officer shall consult with the

host entity.

(4) The Chief Executive Officer shall withdraw or refuse to

renew an authorisation for reasons of public policy, public security or

public health.

(5)

Where a third-country national applies for renewal of the

authorisation to enter into or continue to be in an employment

relationship in Malta, with the exception of a researcher who continues

the employment relationship with the same host entity, the Chief

Executive Officer may verify with the authorities responsible for

employment whether the post in question could be filled by Maltese

nationals or by other Union citizens, or by third-country nationals who

are long-term residents in Malta, in which case he may refuse to renew

the authorisation. This provision shall apply without prejudice to the

principle of preference for Union citizens as provided in the relevant

provisions of the Treaty of Accession.

(6) Where the Chief Executive Officer intends to withdraw or

refuse to renew the authorisation of a student in accordance with sub-

regulation (2)(a), (c), (d) or (e), the student shall be allowed to submit

an application to be hosted by a different higher education institution

for an equivalent course of study with a view to enabling the

completion of studies.

(7) The student referred to in sub-regulation (6) shall be

allowed to stay in of Malta until the Chief Executive Officer has taken

a decision on the application.

(8) Without prejudice to sub-regulation (1), any decision to

withdraw or refuse to renew an authorisation shall take account of the

specific circumstances of the case and respect the principle of

proportionality.

PART V

Rights

(1) Researchers shall be entitled to equal treatment as

Equal treatment.

Maltese nationals as provided for in regulation 23 of the Single

Application Procedure for a Single Permit as Regards Residence and

Work and a Common Set of Rights for Those Third-Country Workers

Legally Residing in Malta Regulations.

(2) For the purpose of this regulation, equal treatment shall be

restricted as regards

(a) study and maintenance grants and loans or other

grants and loans;

(b) the granting family benefits to researchers who have

been authorised to reside in Malta for a period not exceeding six

months;

(c) the limitation of the said regulation 23 to cases where

the registered or usual place of residence of the family members

of the researcher for whom he or she claims benefits lies in the

territory of Malta;

(d)

access to housing.

(3) Trainees and volunteers, when they are considered to be in

an employment relationship in Malta, and students, shall be entitled to

equal treatment with nationals of Malta as provided for in regulation

23 of the Single Application Procedure for a Single Permit as Regards

Residence and Work and a Common Set of Rights for Those Third- S.L. 217.17.

Country Workers Legally Residing in Malta Regulations subject to the

restrictions provided for in the said regulation.

(4) Trainees and volunteers, when they are not considered to be

in an employment relationship in Malta, shall be entitled to equal

treatment in relation to access to goods and services and the supply of

goods and services made available to the public, as well as, where

applicable, in relation to recognition of diplomas, certificates and other

professional qualifications in accordance with relevant national

procedures, except access to housing and equal treatment in relation to

services provided by public employment offices.

The researcher may carry out teaching activities in Teaching by

accordance with guidelines issued by the Council of the Teaching researchers.

Professions set up by virtue of the Education Act.

(1) Outside his study time, a student shall be entitled to Economic

be employed and may be entitled to exercise self-employed economic activities

students.

activity, subject to the rules and conditions applicable to the relevant

activity in Malta as well as to the limitations provided for in sub-

regulation (2)

Provided that such student is in possession of an

employment licence issued in terms of article 11(3) of the Act.

(2) The authorities responsible for employment, in consultation

with the education authorities and the Chief Executive Officer, shall

determine, following the examination of the labour market situation,

the maximum number of hours per week or days or months per year

allowed for such an activity, which shall not be less than 15 hours per

week, or the equivalent in days or months per year.

(1) After the completion of the research or studies, Stay for the

researchers and students shall have the possibility to stay in Malta, on purpose

searching or

the basis of the residence permit referred to in sub-regulation (2), for a entrepreneurshi

p for researchers

period of at least nine months in order to seek employment or set up a and students.

business

Provided that the authorities responsible for education and

employment in consultation with the Chief Executive Officer and may

decide to set a minimum level of qualification that students shall have

obtained in order to benefit from this possibility which level shall not

be higher than level 7 of the European Qualifications Framework.

(2) For the purpose of stay referred to in sub-regulation (1), the

Chief Executive Officer shall, upon an application by the researcher or

the student, issue a residence permit to that third-country national in

accordance with Regulation EC No 1030/2002 where the conditions

laid down in regulation 7(1) (a), (c), (d) and (e), regulation 7(6) and,

where applicable, in regulation 7(2) are still fulfilled.

(3) For researchers, the Chief Executive Officer shall require a

confirmation by the research organisation of the completion of the

research activity or, for students, evidence of having obtained a higher

education diploma, certificate or other evidence of formal

qualifications.

(4) The residence permit referred to in this regulation, shall be

renewed provided that the conditions referred to in regulation 23, have

been complied with.

(5) The Chief Executive Officer may reject an application

under this regulation where

(a) the conditions laid down in sub-regulation (2) and,

where applicable, sub-regulations (1) and (6) are not met; and

(b) the documents presented have been fraudulently

acquired, or falsified, or tampered with.

(6) Applications of the researcher or the student and, where

applicable, the members of the researcher’s family under this

regulation, shall be submitted at least 30days before the expiry of the

authorisation issued under regulations 15 and 23.

(7) If the evidence of having obtained a higher education

diploma, certificate or other evidence of formal qualifications or the

confirmation by the research organisation of the completion of the

research activity are not available before the expiry of the

authorisation issued under regulation 15, and all other conditions are

fulfilled, the Chief Executive Officer shall allow the third-country

national to stay in Malta in order to submit such evidence within a

reasonable time.

(8)

After a minimum of three months from the issuance of the

residence permit under this regulation, the Chief Executive Officer

shall require a third-country national to prove that he has a genuine

chance of being engaged or of launching a business.

(9) If the conditions provided for in sub-regulations (2), (3) or

(8) are no longer fulfilled, the Chief Executive Officer may withdraw

the residence permit of the third-country national and, where

applicable, his family as provided for in the law.

(10) The provisions of this regulation shall apply to researchers

and, where applicable, to the members of the family of the researcher,

or students, who reside or have resided in Malta in accordance with the

provisions of regulations 25, 26, 27 or 28.

For the purpose of allowing the family members of the Researchers’

researcher to join him in Malta the Family Reunification Regulations, family

members.

shall apply. Notwithstanding this

(a) by way of derogation from the provisions of

regulations 3(1) and 13 of the Family Reunification Regulations, S.L. 217.06.

the granting of a residence permit to family members shall not be

made dependent on the requirement of the researcher having

reasonable prospects of obtaining the right of permanent

residence and having a minimum period of residence;

(b) by way of derogation from the provisions of

regulations 4(1) and (2) and 14(3) of the Family Reunification S.L. 217.06.

Regulations the integration conditions and measures referred to

therein may only be applied after the persons concerned have

been granted a residence permit;

(c) by way of derogation from the provisions of

regulation 9 of the Family Reunification Regulations, residence S.L. 217.06.

permits for family members shall be granted by the Chief

Executive Officer if the conditions for family reunification are

fulfilled, within ninety days from the date on which the complete

application was submitted. The Chief Executive Officer shall

process the application for the family members at the same time

as the application for admission or for long-term mobility of the

researcher, in case where the application for the family members

is submitted at the same time. The residence permit for family

members shall be granted only if the researcher is issued an

authorisation under regulation 15;

(d) by way of derogation from the provisions of

regulation 14(2) of the Family Reunification Regulations, the S.L. 217.06.

duration of validity of residence permit of family members shall

end, as a general rule, on the date of expiry of the authorisation

of the researcher. This shall include, where applicable,

authorisations issued to the researcher for the purpose of job-

searching or entrepreneurship in accordance with regulation 22.

The Chief Executive Officer may require the period of validity of

the travel documents of family members to cover at least the

duration of the planned stay;

(e) by way of derogation from the provisions of

regulation 15(b) of the Family Reunification Regulations, the

pertinent authorities shall not apply any time limit in respect of

access for family members to the labour market, including those

who have exercised long-term mobility from another Member

State, except in exceptional circumstances such as particularly

high levels of unemployment.

PART VI

Mobility between Member States

(1) A third-country national who holds a valid

authorisation issued by the other Member State for the purpose of

studies in the framework of a Union or multilateral programme that

comprises mobility measures or in the framework of an agreement

between two or more higher education institutions, or for the purpose

of research, may enter and stay in Malta in order to carry out part of

the studies or research on the basis of that authorisation and a valid

travel document under the conditions laid down in regulations 25, 26

and 28 and subject to regulation 29.

(2) During the mobility referred to in sub-regulation (1),

researchers may, in addition to research activities, teach and students

may, in addition to their studies, work, in accordance with the

conditions laid down in regulations 20 and 21 respectively.

(3) When a researcher moves to Malta in accordance with

regulations 25 or 26, family members holding a residence permit

issued in accordance with regulation 23 and accompanying the

researcher, shall be authorised to move to Malta with the researcher in

the framework of the researcher's mobility under the conditions laid

down in regulation 27.

(1) A researcher who holds a valid authorisation issued

by the other Member State shall be entitled to stay in Malta in order to

carry out part of his research in any research organisation for a period

of up to 180 days in any 360-day period, subject to the conditions laid

down in this regulation.

(2) (a) the research organisation in Malta shall notify the

Chief Executive Officer and the Council, after the researcher has

notified the competent authorities of the other Member State, of the

intention of the researcher to carry out part of the research in Malta;

(b) in such cases

(i) if at the time of application in the other Member

State, the mobility to Malta is already envisaged at that

stage, the notification shall take place at such time;

(ii) if the intended mobility to Malta, is known,

after the researcher was admitted in the other Member

State, the notification shall take place as soon as the

intended mobility is known.

(3) Where the notification has taken place in accordance with

sub-regulation (2)(b)(i), and where the Chief Executive Officer has not

raised any objection with the other Member State in accordance with

sub-regulation (7), the researcher may proceed to Malta at any moment

within the period of validity of the authorisation.

(4) Where the notification has taken place in accordance with

sub-regulation (2)(b)(ii), the mobility may be initiated immediately

after the notification to the Chief Executive Officer or at any moment

thereafter within the period of validity of the authorisation.

(5) The notification shall include the valid travel document, as

provided for in regulation 7(1)(a), and the valid authorisation issued by

the other Member State covering the period of the mobility.

(6) The notification to the Chief Executive Officer shall

include the transmission of the following documents and information

(a) the hosting agreement in the other Member State as

referred to in regulation 10 as well as a hosting agreement

concluded with the research organisation in Malta;

(b) where not specified in the hosting agreement, the

planned duration and dates of the mobility;

(c) evidence that the researcher has sickness insurance for

all the risks normally covered for Maltese nationals as provided

for in regulation 7(1) (c) ;

(d) evidence that during the stay the researcher will have

sufficient resources to cover subsistence costs without having

recourse to the social assistance system in Malta, as provided for

in regulation 7(1) (e) , as well as the travel costs to the other

Member State in the cases referred to in regulation 30(2)

Provided that, the Chief Executive Officer shall

require the research organisation to provide, before the start of

mobility, the address of the researcher in Malta

Provided further that the research organisation shall

present the documents in either the Maltese or the English

language and if such documents are not in the Maltese or the

English language, a translation thereof shall be submitted.

(7) Within 30 days from the day of receipt of the complete

notification referred to in sub-regulation (2), the Chief Executive

Officer may object to the mobility of the researcher to Malta where

(a) the conditions set out in sub-regulation (5) or, where

applicable, sub-regulation (6) are not complied with;

(b) one of the grounds for rejection set out in regulation

17(1)(b) or (c) or regulation 17(2) applies;

(c) the maximum duration of stay as referred to in sub-

regulation (1) has been reached.

(8) A researcher who is considered to pose a threat to public

policy, public security or public health shall not be allowed to enter or

to stay in Malta.

(9) The Chief Executive Officer shall, without delay, inform

the competent authorities of the other Member State and the research

organisation, in writing, of his objection, if any, to the mobility. Where

the Chief Executive Officer objects to the mobility in accordance with

sub-regulation (7) and the mobility has not yet taken place, the

researcher shall not be allowed to carry out part of the research in the

research organisation in Malta. Where the mobility has already taken

place, regulation 29(3) or regulation 30(2) or (3) shall apply.

(10) After the period of objection referred to in sub-regulation

(7) has expired, the Chief Executive Officer shall issue a document to

the researcher attesting that he is entitled to stay in Malta and enjoy the

rights provided for in these regulations.

(1) In relation to a researcher who holds a valid

authorisation issued by the other Member State and who intends to

stay in order to carry out part of his research in any research

organisation in Malta as a second Member State, for more than 180

days, the Chief Executive Officer shall apply the procedure provided

for in sub-regulations (2) to (7)

Provided that the long-term mobility of a researcher shall

not be less than 360 days.

(2)

When an application for long-term mobility is submitted

(a)

the researcher shall submit the following documents

(i)

a valid travel document, as provided for in

regulation 7(1)(a), and a valid authorisation issued by the

other Member State;

(ii) evidence that the researcher has sickness

insurance for all the risks normally covered for Maltese

nationals as provided for in regulation 7(1) (c);

(iii) evidence that during the stay the researcher will

have sufficient resources to cover subsistence costs without

having recourse to the social assistance system in Malta, as

provided for in regulation 7(1)(e), as well as the travel

costs to the other Member State in the cases referred to in

regulation 30(2) or (3);

(iv) the hosting agreement in the other Member

State as referred to in regulation 10 or if the Chief

Executive Officer so requires, a hosting agreement

concluded with the research organisation in Malta;

(v) where not specified in any of the documents

presented by the applicant, the planned duration and dates

of the mobility;

(vi) the address of the researcher in Malta

Provided that where the address is not available

at the time of the application for mobility, and the

researcher does not yet know his future address, the Chief

Executive Officer shall accept a temporary address. In such

a case, the researcher shall provide his permanent address

at the latest at the time of the issuance of the authorisation

for long-term mobility

Provided further that the applicant shall present

the documents in the Maltese or English language and if such

documents are not in the Maltese or the English language, a

translation thereof shall be submitted;

(b) the Chief Executive Officer shall take a decision on the

application for long-term mobility and notify the decision to the

applicant in writing as soon as possible, but not later

than 90 days from the date on which the complete application

was submitted to him;

(c) the Chief Executive Officer shall not require the

applicant to submit his application for long-term mobility from

outside the European Union or impose a visa requirement;

(d) the researcher shall be allowed to proceed to Malta to

carry out part of the research in the research organisation in

Malta until a decision on the application for long-term mobility

has been taken, provided that

(i) neither the period referred to in regulation 25(1)

nor the period of validity of the authorisation issued by the

other Member State have expired; and

(ii)

the complete application has been submitted to

the Chief Executive Officer at least 30 days before the long-

term mobility of the researcher starts;

(e) an application for long-term mobility may not be

submitted at the same time as a notification for short-term

mobility. Where the need for long-term mobility arises after the

short-term mobility of the researcher has started, the application

for long-term mobility shall be submitted at least 30 days before

the short-term mobility ends.

(3) The Chief Executive Officer shall reject an application for

long-term mobility where

(a) the conditions set out in sub-regulation (2)(a) are not

complied with;

(b) one of the grounds for rejection set out in regulation

17, with the exception of sub-regulation (1)(a) of that regulation

applies;

(c) the researcher's authorisation in the other Member

State expires during the procedure; or

(d) where applicable, the maximum duration of stay

referred to in sub-regulation (1) has been reached.

(4) A researcher who is considered to pose a threat to public

policy, public security or public health shall not be allowed to enter or

to stay in Malta.

(5) Where the Chief Executive Officer takes a positive decision

on the application for long-term mobility as referred to in sub-

regulation (2), the researcher shall be issued an authorisation in

accordance with regulation 15(4) and the Chief Executive Officer shall

inform the competent authorities of the other Member State that such

authorisation is issued.

(6) The Chief Executive Officer

shall

withdraw

the

authorisation for long-term mobility where

(a) the conditions set out in sub-regulation (2)(a) or in

sub-regulation (4) are not or are no longer complied with; or

(b) one of the grounds of withdrawal of an authorisation,

as set out in regulation 18, with the exception of sub-regulation

(1)(a), sub-regulation (2)(f) and sub-regulations (3),(5) and (6) of

that regulation applies.

(7) When taking a decision on long-term mobility, the proviso

to sub-regulation (1) and sub-regulations (2), (3), (4) and (5) of

regulation 31 shall apply.

(1) A family member of a researcher who holds a valid Mobility of

residence permit issued by the other Member State shall be entitled to researchers’

family

enter, and stay in, Malta in order to accompany the researcher.

members.

(2) In relation to a family member of a researcher to whom the

provisions of regulation 25 apply, the following documents and

information shall be submitted to the Chief Executive Officer in the

Maltese or English language

(a) the documents and information required under

regulation 25(5) and (6)(b), (c) and (d) relating to the family

member accompanying the researcher;

(b) evidence that the family member has resided as a

member of the family of the researcher in the other Member State

in accordance with regulation 23

Provided that the Chief Executive Officer may object

to the mobility of the family member where the conditions set

out in sub-regulation (1) are not complied with and, in such case,

the provisions of regulation 25(7)(b) and (c) and (9) shall apply

to those family members accordingly.

(3) In relation to a family member of a researcher to whom the

provisions of regulation 26 apply, an application shall be submitted by

the researcher or by the family members of the researcher to the Chief

Executive Officer. The Chief Executive Officer shall require the

transmission of the following documents and information in relation to

the family members

(a) the documents and information required under

regulation 26(2)(a) (i), (ii), (iii) and (v) relating to the family

members accompanying the researcher;

(b) evidence that the family member has resided as a

member of the family of the researcher in the other Member State

in accordance with regulation 23.

(4) The Chief Executive Officer may require the applicant to

present the documents in the Maltese or English language.

(5) The Chief Executive Officer may reject the application for

long-term mobility of the family member where the conditions set out

in sub-regulation (3) are not complied with. Regulation 26(2)(b) and

(c), (3)(b), (c) and (d), (5), (6) (b) and (7) shall apply to those family

members accordingly.

(6) The validity of the authorisation for long-term mobility of

the family members shall, as a general rule, end on the date of expiry

of the researcher's authorisation issued by the Chief Executive Officer.

(7) The authorisation for long-term mobility of family

members may be withdrawn or its renewal refused if the authorisation

for long-term mobility of the researcher they are accompanying is

withdrawn or its renewal refused and they do not enjoy any

autonomous right of residence.

(8) A family member who is considered to pose a threat to

public policy, public security or public health shall not be allowed to

enter or to stay in Malta.

(1) A student who holds a valid authorisation issued by

the other Member State and who is covered by a Union or multilateral

programme that comprises mobility measures or by an agreement

between two or more higher education institutions shall be entitled to

enter and stay in Malta in order to carry out part of his studies in a

higher education institution for a period up to 360 days subject to the

conditions laid down in sub-regulations (3) to (11).

(2) A student who is not covered by a Union or multilateral

programme that comprises mobility measures or by an agreement

between two or more higher education institutions shall submit an

application for an authorisation to enter and stay in Malta in order to

carry out part of the studies in a higher education institution in

accordance with regulations 7 and 11.

(3) The higher education institution in Malta shall notify the

Chief Executive Officer, after the student has notified the competent

authorities of the other Member State, of the intention of the student to

carry out part of the studies in the higher education institution in

Malta. In such cases, the Chief Executive Officer shall allow the

notification to take place either

(a) at the time of the application in the other

Member State, where the mobility to Malta is already envisaged at

that stage; or

(b) after the student was admitted to the other

Member State, as soon as the intended mobility to Malta is known.

(4) Where the notification has taken place in accordance with

sub-regulation (3)(a), and where the Chief Executive Officer has not

raised any objection in writing with the other Member State in

accordance with sub-regulation (8), the mobility of the student to

Malta may take place at any moment within the period of validity of

the authorisation.

(5) Where the notification has taken place in accordance with

sub-regulation (3)(b) and where the Chief Executive Officer has not

raised any objection in writing to the mobility of the student, in

accordance with sub-regulations (8) and (10), the mobility is

considered to be approved and may take place.

(6) The notification shall include the valid travel document, as

provided for in regulation 7(1) (a), and the valid authorisation issued

by the other Member State covering the total period of the mobility.

(7) The Chief Executive Officer may require the notification to

include the transmission of the following documents and information

(a) evidence that the student carries out part of the studies

in Malta in the framework of a Union or multilateral programme

that comprises mobility measures or of an agreement between two

or more higher education institutions and evidence that the student

has been accepted by a higher education institution in Malta;

(b) where not specified under paragraph (a), the planned

duration and dates of the mobility;

(c) evidence that the student has sickness insurance for all

the risks normally covered for Maltese nationals as provided for in

regulation 7(1)(c) ;

(d) evidence that during the stay the student will have

sufficient resources to cover subsistence costs without having

recourse to the social assistance system in Malta as provided for

in regulation 7(1)(e), study costs, as well as the travel costs to the

other Member State in the cases referred to in regulation 30(2)

and (3);

(e) evidence that the fees charged by the higher

education institution have been paid, where applicable

Provided that the Chief Executive Officer may

require the higher education institution in Malta to provide,

before the start of mobility, the address of the student concerned

in Malta

Provided further that the Chief Executive Officer may

require the higher education institution in Malta to present the

documents in the Maltese or English language.

(8) Based on the notification referred to in sub-regulation (3),

the Chief Executive Officer may object to the mobility of the student

within 30 days from having received the complete notification where

(a) the conditions set out in sub-regulations (6) or (7) are

not complied with;

(b)

one of the grounds for rejection set out in regulation

17(1)(b) or (c) or (2) of that regulation applies;

(c) the maximum duration of stay referred to in sub-

regulation (1) is going to be reached.

(9) A student who is considered to pose a threat to public

policy, public security or public health shall not be allowed to enter or

to stay in Malta.

(10) The Chief Executive Officer shall, without delay, inform

the competent authorities of the other Member State and the higher

education institution in Malta in writing about their objection to the

mobility. Where the objection to the mobility is in accordance with

sub-regulation (8), the student shall not be allowed to carry out part of

the studies in the higher education institution in Malta.

(11) After the period of objection has expired, the Chief

Executive Officer may issue a document to the student attesting that he

is entitled to stay in Malta and enjoy the rights provided for in these

regulations.

(1) Where the authorisation for the purpose of research or Safeguards and

studies is issued by the competent authorities of a Member State not sanctions

cases of

applying the Schengen acquis in full and the researcher or student mobility.

enters Malta in the framework of mobility, the Chief Executive Officer

and the Principal Immigration Officer shall require as evidence of the

mobility the valid authorisation issued by the other Member State and

a copy of the notification in accordance with regulation 25(2) or

regulation 28(3).

(2) The host entity in Malta or the researcher or the student

shall inform the Chief Executive Officer of any modification which

affects the conditions on which basis the mobility from a Member

State other than Malta was allowed to take place.

(3) Where the researcher or, where applicable, his family

members, or the student, do not or no longer fulfil the conditions for

mobility, the researcher and, where applicable, his family members, or

the student, shall immediately cease all activities and leave Malta.

(4) Where the researcher or his family members or the student

enters Malta from a Member State which does not apply the

Schengen acquis in full, the Principal Immigration Officer shall

consult the Schengen Information System and refuse entry or object to

the mobility of persons for whom an alert for the purposes of refusing

entry and stay has been issued in the Schengen information system.

(1) Where applicable, where the Chief Executive Officer Malta as the

withdraws the authorisation in accordance with the provisions of other

State.

regulation 18, he shall inform the competent authorities of the Member

State to which the third country national has exercised his right to

mobility immediately.

(2) Where the researcher or, where applicable, his family

members, or the student, do not or no longer fulfil, the conditions for

mobility in the Member State where the third country national has

exercised mobility, upon the request of the said Member State, the

Chief Executive Officer and the Principal Immigration Officer shall

allow re-entry of the researcher and, where applicable, of his family

members, or of the student, without formalities and delay.

(3) Where the authorisation to enter Malta, issued by the Chief

Executive Officer, expires or is withdrawn by the Chief Executive

Officer during the period of mobility of the third country national

within a second Member State, the Chief Executive Officer and the

Principal Immigration Officer shall allow the re-entry in Malta of the

researcher and, where applicable, of his family members, or of the

student, without formalities and delay.

PART VII

Procedure and Transparency

(1) The Chief Executive Officer shall adopt a decision on

the application for an authorisation or a renewal of it and notify the

decision to the applicant in writing, as soon as possible and, in any

event, not later than 90 days from the date on which the complete

application was submitted

Provided that in the event that the admission procedure is

related to an approved host entity in accordance with regulations 9 and

14, the decision on the complete application shall be taken as soon as

possible but within not later than 60 days.

(2) Where the information or documentation supplied in

support of the application is incomplete, the Chief Executive Officer

shall notify the applicant within a period of 1 week of the additional

information that is required and the applicant shall have a period of 2

weeks within which to submit such additional information

Provided that the period referred to in subregulation (1)

shall be suspended until the Chief Executive Officer has received the

additional information required

Provided further that the application may be rejected if the

additional information or documents have not been submitted within

the deadline indicated in this regulation.

(3) Reasons for a decision declaring as inadmissable or

rejecting an application or refusing renewal of the authorisation shall

be given in writing to the applicant.

(4) Reasons for a decision withdrawing an authorisation shall

be given in writing to the third-country national as well as to the host

entity.

(5) Any decision declaring inadmissible or rejecting an

application, refusing renewal, or withdrawing an authorisation shall be

subject to an appeal before the Immigration Appeals Board.

(1) The Chief Executive Officer shall make the

information on all the documentary evidence needed for an application

and information on entry and residence conditions, including the

rights, obligations and procedural safeguards, of the third-country

nationals falling under the scope of these regulations and, where

applicable their family members, easily accessible to applicants. This

information shall include, where applicable, the level of monthly

sufficient resources, including the sufficient resources needed to cover

the study costs or the training costs, without prejudice to an individual

examination of each case, and the applicable fees.

(2) The Council shall publish lists of the research organisations

approved for the purposes of these regulations. Updated versions of

such lists shall be published as soon as possible following any changes

effected to them.

The Conditions of Admission of Third-Country Nationals Revocation.

for the purposes of Studies Regulations and the Third Country S.L.

Nationals for Scientific Research Purposes (Specific Admittance

Procedure) Regulations are hereby being revoked, without prejudice to

anything done or omitted to be done thereunder.

€3.15