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S.L. 217.22 · Conditions Of Entry And Residence Of (S.L. 217.22)

S.L. 217.22 Art. 26Long-term mobility of researchers. 27 28 [S.L.

PART VI

In KraftAmtlicher Text

(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 RESEARCH, STUDIES, TRAINING AND VOLUNTARY SERVICE IN THE MOBILITY PROJECT FOR YOUNG

PEOPLE: VOLUNTARY PROJECTS

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; COUNTRY NATIONALS FOR THE PURPOSES OF RESEARCH, STUDIES, TRAINING AND VOLUNTARY SERVICE IN THE MOBILITY PROJECT FOR YOUNG 217.22 PEOPLE: VOLUNTARY PROJECTS

(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.