A set of Frequently Asked Questions about overstaying in Malta, Return Decisions and Schengen entry bans.
Following feedback that the firm received from our article published here last week, we have now created a set of Frequently Asked Questions about overstaying in Malta to assist anyone seeking more information. It’s important to understand that these informative questions and answers are for information purposes only and should not be construed as final legal advice.
I overstayed my visa in Malta. Will I automatically be deported?
Not every case produces exactly the same outcome. However, illegal stay can result in a return decision and potentially removal proceedings. The circumstances of the individual case and the decisions actually issued by the immigration authorities must be examined.
Will I automatically receive a five-year entry ban?
No. EU law does not provide that every overstay automatically results in a five-year ban. Entry bans must be considered within the applicable return procedure, and their duration should take account of the circumstances of the individual case.
Can I travel to another Schengen country after overstaying in Malta?
An overstay in Malta can have consequences for travel elsewhere in the Schengen Area. If a relevant SIS alert or entry ban exists, attempting to enter through another Schengen country does not necessarily avoid the restriction.
Can the authorities see that I overstayed?
For eligible short-stay non-EU travellers, the Entry/Exit System electronically records entries and exits and is designed to identify overstayers. The EES has been fully operational since 10 April 2026.
Does the 90-day limit restart when I travel from Malta to another Schengen country?
Generally, no. The short-stay rule is calculated across the Schengen Area as 90 days within any 180-day period, rather than separately for each Schengen country.
Can I apply for another visa after an overstay?
An earlier overstay can affect a future visa application, but the consequences depend on the circumstances and whether an entry ban or other immigration measure exists. The previous immigration history should be disclosed accurately where required.
Can I appeal an entry ban issued in Malta?
Legal remedies may be available against return-related decisions and entry bans. Because applicable deadlines may be very short, the decision should be reviewed immediately after it is received.
Can an immigration lawyer remove an entry ban?
A lawyer cannot guarantee that an entry ban will be removed. A lawyer can assess whether there are legal grounds to challenge, withdraw or suspend the ban, prepare the relevant submissions and represent the individual before the competent authorities such as the Principle Immigration Officer or tribunal where applicable.
What documents should I give my lawyer?
Depending on the case, useful documents may include your passport, visa, residence card, work permit documentation, employment records, correspondence with Identità or other authorities, return decisions, removal orders, entry-ban documents, travel records, flight bookings and documents supporting any exceptional circumstances relied upon.
How Sciberras Advocates Can Assist
Sciberras Advocates advises third-country nationals on complex Maltese immigration matters, including cases involving irregular stay, return decisions, removal orders and entry bans.
Our immigration lawyers can assist by:
- reviewing your complete immigration and travel history
- determining the nature and effect of a return decision or entry ban
- advising on applicable Maltese and EU immigration law
- assessing possible grounds of appeal or challenge
- preparing supporting legal submissions and documentation
- representing clients before the Immigration Appeals Board where applicable
- advising on requests concerning entry bans or immigration status, and
- assessing how an existing immigration decision may affect future residence, employment or travel in the Schengen Area.
Because return and entry-ban cases can involve short procedural deadlines, early legal advice is strongly recommended.
Relevant Maltese and EU Legislation and Official Sources
The principal legal framework relevant to overstays, return decisions and entry bans includes:
- Immigration Act, Chapter 217 of the Laws of Malta
- Common Standards and Procedures for Returning Illegally Staying Third-Country Nationals Regulations, S.L. 217.12
- Directive 2008/115/EC, commonly referred to as the EU Return Directive
- Regulation (EU) 2017/2226, establishing the Entry/Exit System
- EU legislation governing the Schengen Information System
- the applicable provisions of the Schengen Borders Code
Immigration law and administrative procedures may change. Individuals should therefore verify the rules applicable at the time their case arises.
Speak to an Immigration Lawyer in Malta
If you have overstayed in Malta, received a return decision or removal order, discovered that an entry ban has been imposed, or are concerned that an immigration issue may affect your ability to enter the Schengen Area, obtaining advice early can be important. Sciberras Advocates can assess your immigration history, explain the legal consequences of the decision and advise on the remedies that may be available in your particular circumstances. Contact our immigration team to arrange a consultation.
Last reviewed: September 2026
This article is for information purposes only and should not be construed as legal advice.
Article written by Ms Charlene Sciberras, B.A. (Hons), guest writer, is a marketing and business administration specialist with a special focus on corporate, accounting, and legal matters.
Sciberras Advocates founded by Dr Adrian Sciberras, is a law firm based in Malta. The firm prides itself to be multi-disciplinary, innovative and flexible in order to meet the changing times and any challenges in the local and international legal scenario. No matter what private or corporate complex demands are called for, Sciberras Advocates offers practical and cost-effective legal solutions to achieve your desired results. You may reach Sciberras Advocates by phone on +35627795222 or via email on [email protected].
