S.L. 217.4 Art. 8Residence for study.

(1) A citizen of the Union has the right to reside in Malta for the purpose of following a course of education including vocational training in accordance with this regulation.

(2) Without prejudice to the generality of regulations 3 and 4, the right of residence recognised by subregulation (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 therein;

(b) that he and his dependants entitled to accompany him, as defined in subregulation (4), and accompanying him, are covered by sickness insurance in respect of all risks in Malta; and

(c) that he makes a declaration of resources or otherwise gives an assurance to the Principal Immigration Officer 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 dependants.

(3) A citizen of the Union seeking entry into Malta for the purposes of this regulation shall furnish sufficient proof of compliance with the conditions prescribed in this regulation to the Principal Immigration Officer at the time of entry into Malta.

(4) Subject to the generality of the provisions relating to third country nationals, the dependants of a student shall be entitled to accompany him, to reside in Malta and to take up any employed or self-employed activity in Malta, even if they are not themselves citizens of the Union, so however that for the purposes of this regulation, the term "dependant" does not include the ascendant of the student or of his spouse.

(5) The rights of residence recognised or enjoyed under this regulation shall continue for the duration of the course of studies in question and as long as the conditions set out in this regulation continue to subsist.

(6) Save as otherwise provided in this regulation, a residence permit as may be prescribed, issued upon application to a citizen of the Union, shall be limited in duration to:

(a) the particular course of studies, where the duration of such course is shorter than one year; or

(b) a period of one year on a renewable basis if the course of studies is of longer duration.

(7) The dependants shall also be entitled to such permit, but if they are not citizens of the Union, then they shall be issued with a residence document which has the same validity as that issued to the citizen of the Union.

(8) Entitlement to a residence permit and, or, a residence document, where it arises under this regulation, shall be evidenced as follows:

(a) for the student:

(i) a valid identification document;

(ii) 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) proof that he is covered by sickness insurance as provided in subregulation (2)(b);

(iv) a declaration that he has sufficient resources as referred to in subregulation (2)(c);

(b) for his dependants:

(i) a valid identification document;

(ii) a visa, if the dependants are not citizens of the Union but of a state whose citizens require a visa when crossing the border crossing point;

(iii) proof of the relationship with the student and, where applicable, of dependence on him;

(iv) proof that each dependant is covered by sickness insurance as provided in subregulation (2)(b);

(v) a declaration by the student that he has sufficient resources as referred to in subregulation (2)(c).