Wednesday, 23 July 2014

Residence Permits (for study purposes

A “fixed-term” residence permit for a period exceeding three (3) months and specifically for study may be issued to a third-country national to follow:

1. Courses of study leading to a higher education qualification.

Legal Notice 29 of 2008 regulates the admittance and residence (for a period of not less than three months) of third country nationals, who have been accepted by an establishment of higher education and admitted to pursue, as their main activity, a full-time course of study leading to a higher education qualification recognised by the Malta Qualification Recognition Information Centre. The said establishment of higher education could be either the University of Malta or a private college officially authorized to conduct such courses.

A third country national, who shall be following a course of studies as specified above, will require a residence permit to cover his / her stay in Malta. When applying for such a permit the person concerned should submit the following:

 

(a) a valid passport, the validity of which shall cover the duration of the course of studies to be undertaken;

 

(b) a parental declaration, in the case of a minor, authorizing the minor’s stay in Malta for the purposes of studies for the duration of the course;

 

(c) proof that he/she is covered by sickness insurance in respect of all risks against sickness, unless covered under the  provisions of the Healthcare Fees Regulations 2004 (L.N. 201 of 2004);

 

(d) proof that he/she has been accepted by an educational establishment to follow a full-time course of study recognized by the Malta Qualification Recognition Information Centre   http://www.enic-naric.net/index.aspx?c=Malta

 

Where the student is applying to study at a private institution for a degree to be awarded by a non-Maltese educational entity, he/she shall provide evidence that he/she has registered as an external student with such entity;

 

(e) documentary evidence that during his/her stay in Malta he/she will have sufficient funds to cover his / her 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/her stay in Malta), his/her tuition fees and return travel costs;

 

(f) evidence of sufficient knowledge of the language of the course which he/she would be following; and

 

(g) proof that the payment of  the fees charged by the relative educational establishment have been effected.

 

A residence permit valid for one year or for the duration of the studies, if the relative period is less than one year, will be issued provided that the issue of such a permit is not contrary to  public policy, public security or public health. The issue of such residence permit shall be subject to the student successfully undergoing     health screening as instructed. (In this regard further information, as to the procedures that have to be followed, may be obtained by contacting the Educational establishment concerned).

 

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.  Students shall not be so entitled during their first year of residence in Malta. Further information in this respect may be obtained from the Employment and Training Corporation (e-mail address: etc@gov.mt)

 

The Director, Citizenship and Expatriate Affairs, may withdraw or refuse to renew a 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 the above-mentioned legal notice; or

(c) when he/she does not respect the limits imposed by his/her employment licence; or

(d) when he/she does not make acceptable progress in his / her                         studies; or

(e) on grounds of public policy, public security or public health.

 

In the case that an application for a residence permit on the basis of the regulations mentioned above is refused, the student shall have the right to appeal against such decision to the Immigration Appeals Board within three days of the notification of such decision. Any communication to the said Board should be addressed as follows:

             

              The Secretary

              Immigration Appeals Board

              Ministry for Justice and Home Affairs

              Fort St Elmo

              Valletta CMR 02

 

 2. Courses (English-Language)

A third-country national who will be following a course of studies which does not fall within the parameters of (1) will require a residence permit to cover his/her stay in Malta, unless such period of stay is not covered by a visa, or in the case of third country nationals exempt from the visa requirement, such period of stay is less than three (3) months. 

In order to enter the territory of Malta, third-country nationals, subject to the visa requirement, must apply for either:

a)   a national visa (Type D) from Malta’s diplomatic missions or consular posts; 

            or

b)   a short-stay visa (Type C) when applying at representations, where Malta has no consular post.  Upon arrival and after the relative application has been submitted and approved, this will be converted into a “fixed-term” residence permit allowing them to pursue their studies.

A third country national, exempt from the visa requirement, is allowed to remain in Malta and the Schengen territory for an aggregate period of three (3) months from the date of arrival.  If therefore, the course is of a longer duration, the third-country national would have to apply for a residence permit to cover his period of studies in Malta.

Documentation required:

The third-country national must submit the following documentation, directly or if preferred, through the educational institution, to the Department for Citizenship & Expatriates:

-                      the standard Application Form (CEA/20) duly filled-in and                              signed;

-                      two (2) passport-size photographs;

-                      letter of acceptance from the educational institution indicating            entitlement to admission and details on course being                                     undertaken and/or extended;

-                      copies of the details pages from the passport;

-                      means of support (foreign transfers, bank account etc)                      amounting to the minimum amount of €48 per day for the                           duration of the course and/or extension;

-                      a health insurance policy valid for Malta

Any cases of forged documents produced by foreign nationals for the purposes of obtaining a residence permit shall always be reported to Malta’s Immigration Police by Malta’s diplomatic or consular post or the Department of Citizenship & Expatriates.  This applies both to the forgery of Maltese documents and documents of foreign origin that are in any way used in support of such an application.

Documents added to an application which are issued abroad must be translated in English and the authenticity of the translation must be certified by a Notary. Documents issued abroad must be legalised or confirmed by a certificate (apostille), unless otherwise stipulated by an international agreement.

Educational institutions are bound to inform the Department of Citizenship & Expatriates about any suspension and/or termination of the applicant’s studies, for which the third-country national has been granted such a residence permit.  Upon such notification, the residence permit will be revoked and the applicant would have to leave Malta.

 


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