S.L. 460.17 Art. 10Residence for study purposes.

(1) Without prejudice to the provisions of article 3 and subject to any restrictions or conditions as may be imposed by this

Order, a Union citizen (herein referred to as the "student") may reside in Malta for the purpose of following a course of education, including vocational training.

(2) The right of residence recognised by subarticle (1) shall be subject to the following conditions:

(a) that the citizen of the Union is enrolled in a recognised educational establishment as provided for in the Education Act or by the Employment and Training Services Act, for the principal purpose of following a course of education, including a vocational training course; and

(b) that he and his family members, entitled to accompany him as defined in subarticle (3), and who are accompanying him, are covered by comprehensive sickness insurance in respect of all risks in Malta; and

(c) that, by means of a declaration or otherwise, he gives an assurance to the Director that he has sufficient resources to avoid becoming a burden on the social assistance system in Malta during the period of residence of himself and his family members.

(3) The family members of the Union citizen referred to in subarticle (2)(b), even if they are third country nationals, may install themselves with such person, and for such purposes, they shall be issued with a registration certificate or a residence card, as the case may be, in accordance with the provisions of article 7, subject to the same rights and conditions applicable to the Union citizen, including the right to take up an activity as an employed or self-employed person in Malta: Provided that the term "family members" does not include the direct ascendants of the student or of his spouse saving that the Director shall give due and proper consideration relating to the admission and residence of such persons as provided for in article 3(5).

(4) The Director shall give due and proper consideration relating to the admission and residence of an other family member of the Union citizen referred to in subarticle (1) as provided for in article 3(5).

(5) Entitlement to a registration certificate or a residence card where it arises under this article, shall be evidenced as follows:

(a) by the student:

(i) with a valid identification document;

(ii) with proof that he has been enrolled in a recognised educational establishment for the principal purpose of following a course of education including a vocational training course thereat;

(iii) with proof that he is covered by comprehensive sickness insurance as provided for in subarticle (2)(b);

(iv) with a declaration or otherwise that he has sufficient resources as provided for in subarticle (2)(c);

(b) by his family members:

(i) with a valid identification document if the said members are EEA nationals and a valid passport if they are third country nationals;

(ii) proof that each family member is covered by comprehensive sickness insurance as provided in subarticle (2)(b);

(iii) a declaration or otherwise by the student that he has sufficient resources as referred to in subarticle (2)(c);

(iv) the provisions of article 8(7)(b)(ii) to (vi) relating to the issue of a registration certificate or a residence card, as applicable, shall apply in mutatis mutandis respect of family members and other family members of the Union citizen who is a student.