Expatriates Unit

Rights:

Individuals holding a residence permit in Malta on the basis of Researchers with an Accredited Institution, will be entitled to all the Rights of Equal Treatment, as established in EU directives and transposed into national legislation, primarily:

Working conditions, including pay and dismissal as well as health and safety at the workplace;
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;
Education and vocational training;
Recognition of diplomas, certificates, and professional qualifications in accordance with Maltese legislation;
Branches of social security, as defined in Article 3 of Regulation (EC) No 883/2004;
Tax benefits, insofar as the worker is deemed to be a resident for tax purposes in Malta;
Access to goods and services and the supply of goods and services made available to the public, excluding access to housing;
Advice services afforded by employment offices.

Additionally, researchers shall be entitled to rights as per S.L 217.22, at least with regards to:

Carrying out teaching activities in accordance with guidelines issued by the Council of the Teaching Professions set up by virtue of the Education Act;
Possibility to apply for a residence permit, once their Researcher tenure has ended, for a non-renewable period of up to nine months in order to seek employment or set up a business, in accordance with Regulation EC No 1030/2002 and regulation of S.L 217.22;
Possibility to submit an application, without waiting for the minimum stipulated residence period by the sponsor, for family reunification in accordance with the respective Regulations concerning family reunifications;
Researchers can move to other EU Member States under certain conditions for short-term research activities.

Procedural Safeguards:

Identità shall notify the decision to the applicant in writing not later than ninety days from the date on which the complete application was submitted.

Where the information or documentation supplied in support of the application is incomplete, the competent authorities shall notify the applicant, within a reasonable period of time, of the additional information that is required and set a reasonable deadline for providing it. Should the required documentation not arrive within the stipulated period of time, without providing a reason deemed justifiable by Identità, the application will be automatically dismissed.

If authorisation for research is withdrawn, the reasons will be given in writing to both the researcher and their organisation. The decision can be appealed to the Immigration Appeals Board, which operates independently from Identità, following the Board's own rules.An appeal from the decision of Identità may be lodged with the Immigration Appeals Board in line with the provisions laid out by the same Board, which is an independent entity from Identitaà.