Third country nationals wishing to enrol in higher education in Malta may do so In line with Subsidiary Legislation 217.22 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

A third country national may submit an application for a residence permit as a researcher if such national holds doctoral degree or an appropriate higher education qualification which  gives  that  third-country  national  access  to  doctoral programmes,  provided that they are  selected  by a  research  organisation  and admitted to Malta for carrying out a research activity for which such qualification is normally required.

A third country national wishing to submit an application for a residence permit on this basis must do so via the online portal Non-EU IMA (identitymalta.com) and must select Form 0.

The application shall be submitted, along with the fee of 27.50 for each year that the document will cover, by the third country national and endorsed by the host entity.

Conditions

A  research  organisation  wishing  to  host  a researcher under the terms laid down in these regulations, shall be approved  for  that  purpose  by  the  Malta Council for Science and Technology in  accordance  with procedures established by it. More information regarding approval for research organisations, along with a list of the current approved research organisations, please contact the Council Third Country Researchers – MCST (gov.mt)

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. 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.

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 may be subject to a renewal.

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. Applications of the researcher and, where applicable, the members of the researcher’s family under, shall be submitted at least 30 days before the expiry of the authorisation to reside.

Identity Malta Agency shall adopt adecision on the application for an authorisation or a renewal of it and notify the decision to the applicant in writing, within 90 days from the date on which the complete application was submitted

Documents

If you are applying for a residence permit on the basis of a research agreement with research organisation in Malta, you must submit the following documents;

• 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;

• if the applicant is a minor, a parental authorisation or an equivalent document for the planned stay;

• 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;

(f) the address of his principal place of residence in Malta;

(g) a hosting agreement,  which  shall  contain:

1. the legal  relationship  between the research organisation and the researcher;
2. the working conditions of the researcher;

• the title or purpose of the research activity or the research area;

1. an undertaking  by  the  third-country  national  to endeavour to complete the research activity;
2. an undertaking by the research organisation to host the third-country  national  for  the  purpose  of  completing  the research activity;
3. the start and end date or the estimated duration of the research activity;

• information on  the  intended  mobility  in  one  or several second Member States if the mobility is known at the time of application in Malta;

The provisions of paragraphs(c), (d) and (e) shall not apply to a researcher hosted by an approved research organisation where these conditions would have been agreed to between the host research organisation and the researcher and included in the host agreement.

A researcher who holds a valid authorisation issued by another Member State is entitled to stay in Malta in order to carry out part of his or her research in any research organisation for a period of up to 180 days in any 360-day period, with a research organisation in Malta. The researcher must provide;

• the hosting agreement in the other Member State as well as a hosting agreement concluded with the research organisation in Malta and, where this is not specified in the hosting agreement, the planned duration and dates of the mobility;

• evidence that the researcher has sickness insurance;

• 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 well as the travel costs to the other Member State.

In relation to a researcher who holds a valid authorisation issued by another Member State and who intends to stay in order to carry out part of his or her research in any research organisation in Malta as a second Member State, for more than 180 days, the researcher shall provide:

• valid travel document, and a valid authorisation (permit or visa) issued by the other Member State;

• evidence that the researcher has sickness insurance;

• 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 well as the travel costs to the other Member State;

• the hosting agreement in the other Member State and the hosting agreement concluded with the research organisation in Malta;

• where not specified in any of the documents presented by the applicant, the planned duration and dates of the mobility;

• the address of the researcher in Malta.

Rights

Researchers shall be entitled to equal treatment as Maltese nationals as regards:

(a) working  conditions,  including  pay  and  dismissal  as well as health and safety at the workplace;

(b) freedom of association and affiliation and membership of an organisation representing workers or employers of any organisation whose members are engaged in a specific occupation, including the benefits conferred by  such  organisations,  without  prejudice  to  the national  provisions  on  public  policy  and  public security;

(c) education and vocational training;

(d) recognition of diplomas, certificates, and professional qualifications in accordance with Maltese legislation;

(e) branches of social security, as defined in Article 3 of Regulation (EC) No 883/200
(f) tax  benefits,  insofar  as the worker  is deemed to be resident for tax purposes in Malta;

(g) access to goods and services and the supply of goods and services made available to the public, excluding access to housing;

(h) advice services afforded by employment offices.

After the completion of the research, researchers shall have the possibility to stay in Malta, upon application, for a period of at least nine months in order to seek employment or set up a business.

Procedural Safeguards

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, which must be within three working days from the date of the decision of the Agency.