Expatriates Unit
Conditions:
Identità, in consultation with the Principal Immigration Officer, shall verify that the third country national does not present a risk of illegal immigration and that he intends to leave the territory of Malta at the latest on the date of expiry of the authorisation. Third country nationals who are considered to pose a threat to public policy, public security or public health shall not be admitted.
An application by a third country national or research organisation for the purpose of research related work shall be considered based on the criteria established in S.L. 217.22.
Authorisation shall be rejected where:
- The evidence and/or documentation required is not presented;
- The documents presented have been fraudulently acquired, or falsified, or tampered with;
- The research organisation is not approved;
- There is evidence of serious and objective grounds to establish that the TCN would reside for purposes other than those for which he applied to be admitted;
- The third-country national is considered to pose a threat to public policy, public security or public health.
Authorisation may be rejected where:
- The research organisation has failed to meet its legal obligations regarding social security, taxation, labour rights or working conditions;
- The terms of employment as provided for in the law or collective agreements or practices in Malta are not met by the research organisation that will employ the TCN;
- The research organisation has been sanctioned in accordance with the law for undeclared work or illegal employment;
- The research organisation was established or operates for the main purpose of facilitating the entry of TCN’s falling under the scope of these regulations;
- The research organisation’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;
- Any condition for admission criteria and requirements for admission as per S.L. 217.22 is not met.
Notes:
- Any decision to reject an application shall take account of the specific circumstances of the case and the principle of proportionality.
- 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. This has to be decided on a case-by-case basis at the discretion of the Agency following consultation with Jobsplus.