S.L. 217.22 Art. 22Stay for the purpose of job- searching or entrepreneurship for researchers and students. 22 [S.L.

(1) After the completion of the research or studies, researchers and students shall have the possibility to stay in Malta, on the basis of the residence permit referred to in sub-regulation (2), for a period of at least nine months in order to seek employment or set up a 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 COUNTRY NATIONALS FOR THE PURPOSES OF RESEARCH, STUDIES, TRAINING AND VOLUNTARY SERVICE IN THE MOBILITY PROJECT FOR YOUNG 217.22 PEOPLE: VOLUNTARY PROJECTS

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.