Specialised Legal Services for Employees Facing Workplace Disputes.

Understanding your rights as an employee is important, particularly when problems arise at work. Unpaid wages, unfair dismissal, discrimination, disputes over employment conditions or difficulties following the termination of employment can have significant financial and personal consequences.

Through Employee Support Rights Malta (ESRM), administered by Sciberras Advocates, employees and workers across Malta and Gozo can access guidance and legal support when facing workplace disputes or potential breaches of their employment rights.

Employment law can be difficult to navigate, especially when an employee is unsure whether an employer’s actions amount to a breach of Maltese employment law or what steps should be taken next.

ESRM assists employees with a wide range of workplace issues, including unfair or unlawful dismissal, unpaid wages and salaries, unpaid overtime, discrimination, harassment, breaches of employment conditions, employment contract disputes, notice periods, working hours, leave entitlements and other employment-related claims. Our employment lawyers can assess the circumstances of a case, explain the employee’s legal position and advise on the appropriate course of action.

DIER Claims and Industrial Tribunal Proceedings

Depending on the nature of the employment dispute, an employee may need to approach the Department of Industrial and Employment Relations (DIER) or pursue proceedings before the Industrial Tribunal in Malta.

Through ESRM, Sciberras Advocates can assist employees with preparing and pursuing employment claims, organising supporting documentation and correspondence, and understanding the procedures involved.

Where a matter falls within the jurisdiction of the Industrial Tribunal, our lawyers can also provide legal advice and representation throughout the proceedings.

Not every dispute, however, needs to result in litigation. Where appropriate, we can engage with employers or their representatives to explore the possibility of an amicable or out-of-court settlement.

Employment Rights for Foreign Workers in Malta

ESRM is also available to foreign workers and third-country nationals working in Malta. Employment disputes involving foreign workers can be particularly complex because termination or a change of employment may also affect immigration or residence matters. Sciberras Advocates practises in both employment law and immigration law, allowing our team to consider these interconnected issues where necessary.

Learn More About Employee Support Rights Malta

Employees who believe that their rights at work may have been breached should consider obtaining legal advice as early as possible, particularly since certain employment claims are subject to specific procedures and time limits.

We have created a dedicated Employee Support Rights Malta page explaining the assistance available, the types of employment disputes we handle and how our lawyers can support employees seeking fair treatment and legal redress.

Read more about Employee Support Rights Malta and how Sciberras Advocates can assist you: Employee Support Rights Malta – Sciberras Advocates.

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].

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].

Return Decisions, Entry Bans and Your Legal Options

Overstaying your authorised period of stay in Malta can have serious immigration consequences. Depending on the circumstances, a third-country national who no longer has a legal right to remain in Malta may face a return decision, removal proceedings and, in certain cases, an entry ban affecting future travel within the Schengen Area.

An overstay may arise for different reasons. A person may have remained beyond the period permitted by a Schengen visa, exceeded the 90-day limit applicable to short stays, lost the legal basis for residence following termination of employment, or failed to regularise their immigration status within the required period.

Whatever the reason, an overstay should not be ignored. Maltese and EU immigration law provides procedures governing irregular stay, return and removal, as well as rights of appeal and procedural safeguards.

This guide explains what happens when a person overstays in Malta, when an entry ban may be imposed, how the Schengen Information System (SIS) and Entry/Exit System (EES) affect overstayers, and what legal options may be available.

What Is an Overstay in Malta?

An overstay occurs when a person remains in Malta after their lawful permission to stay has expired or otherwise ceased to apply.

For a third-country national, this may happen when:

• the authorised period under a Schengen visa has expired
• the permitted visa-free period has been exceeded
• the 90 days within a 180-day period allowed for a short stay in the Schengen Area have been exhausted
• a residence permit has expired without a valid renewal or other legal basis for remaining
• the legal basis for residence has ceased, for example following a change in employment circumstances, or
• an application or immigration process has ended without the person obtaining another right to remain.

Whether a person is legally staying in Malta depends on the individual’s immigration history and the particular permit, visa or status concerned. The expiry date printed on a visa or residence document should therefore not always be considered in isolation.

What is the Schengen 90/180-Day Rule?

For many non-EU nationals travelling to Malta for a short stay, the relevant limit is 90 days in any 180-day period across the Schengen Area. This is not 90 days in Malta plus another 90 days in another Schengen country. Time spent in the participating Schengen countries is generally considered collectively when calculating the permitted short stay.

This distinction can cause problems for travellers who move between different European countries and mistakenly assume that entering another Schengen country restarts the permitted period. The calculation should therefore be made on the basis of the person’s complete Schengen travel history.

What Happens If You Overstay in Malta?

Where a third-country national is found to be staying illegally in Malta, Maltese immigration law provides for the issuing of a return decision, subject to the exceptions and safeguards established by law.

Depending on the circumstances, the consequences may include:

• a return decision requiring the person to leave
• a removal order
• an entry ban
• difficulties obtaining future visas or residence permits
• an alert being recorded in the Schengen Information System where legally applicable, and
• removal from Malta where the relevant legal conditions are satisfied.

The precise consequences are not identical in every case. Immigration authorities must apply the relevant Maltese and EU rules to the person’s individual circumstances.

Is an Entry Ban Automatic If You Overstay in Malta?

Not necessarily. An overstay and an entry ban are related, but they are not the same thing. Under the EU Return Directive, a return decision must be accompanied by an entry ban in certain circumstances, including where no period for voluntary departure has been granted or where an obligation to return has not been complied with.

In other cases, a return decision may be accompanied by an entry ban. This means that the legal consequences should be assessed according to the particular return procedure and the circumstances of the individual concerned rather than assuming that every overstay automatically produces the same entry ban.

What Is a Return Decision?

A return decision is an administrative or judicial decision declaring the stay of a third-country national to be illegal and imposing or stating an obligation to return.

In Malta, the relevant framework is principally found in the Immigration Act, Chapter 217 of the Laws of Malta, together with the Common Standards and Procedures for Returning Illegally Staying Third-Country Nationals Regulations, S.L. 217.12.

A return decision should be taken seriously. Once served, the individual should immediately establish:

• what decision has been issued
• whether a removal order or entry ban accompanies it
• the reasons given by the authorities
• whether voluntary departure has been granted
• the deadline for challenging the decision, and
• whether there are legal grounds on which the decision may be contested.

Immigration deadlines can be very short, so obtaining legal advice immediately after receiving a decision is important.

What is an Entry Ban?

An entry ban is a decision prohibiting a third-country national from entering and staying within the territory covered by the ban for a specified period. Under EU law, the duration of an entry ban must take into account the relevant circumstances of the individual case. As a general rule under the EU Return Directive, an entry ban should not exceed five years. It may exceed five years where the person represents a serious threat to public policy, public security or national security. The existence, duration and legal effect of a ban therefore need to be examined from the actual decision issued to the individual.

Does a Malta Entry Ban Affect the Whole Schengen Area?

It can have consequences beyond Malta. The Schengen Information System (SIS) allows participating European authorities to share alerts concerning persons and objects. Immigration-related alerts can therefore be relevant when an individual attempts to enter another Schengen country or is subject to checks by competent authorities.

An individual should not assume that leaving Malta and attempting to enter through another Schengen country will bypass an immigration restriction. Where an SIS alert exists, the precise nature of that alert and the decision underlying it should be established before making future travel or immigration plans.

How Are Overstays Detected in 2026?

The detection of overstays has changed significantly following the introduction of the EU’s Entry/Exit System (EES).

The EES became fully operational on 10 April 2026. For eligible non-EU nationals travelling for short stays, the system electronically records information including:

• travel document data
• the date and place of entry
• the date and place of exit
• facial images
• fingerprints, and
• refusals of entry.

The system has replaced manual passport stamping for travellers falling within its scope and allows authorities to identify when the authorised period of stay has been exceeded. As a result, travellers should not rely solely on passport stamps when calculating how much authorised time remains in the Schengen Area.

Certain categories of travellers, including qualifying holders of long-stay visas and residence permits issued by participating countries, are exempt from EES registration.

I Overstayed Because My Work Permit or Employment Ended. What Should I Do?

Employment-related overstays require particular attention because the right to work and the right to remain in Malta are closely connected for many third-country nationals. Losing a job does not mean that a person should simply remain in Malta indefinitely while looking for another employer.

The individual’s position should be assessed according to the type of permit held, when employment ended, whether any application for a new permit has been submitted, and whether another lawful basis for residence exists.

Anyone whose employment has ended and who is unsure of their immigration status should establish their legal position promptly rather than waiting until the matter is detected during a border crossing or immigration check.

Can an Overstay Be Regularised in Malta?

Potentially, but regularisation is not automatic. Whether a person can obtain or restore lawful immigration status depends on the facts of the case and the legal basis available. Relevant circumstances may include the person’s immigration history, family situation, employment circumstances, pending applications and other humanitarian or exceptional considerations.

The first step should therefore be to establish exactly what immigration status the person currently holds and whether any return decision, removal order, entry ban or SIS alert has already been issued. Simply submitting a new application does not necessarily erase an existing immigration breach or automatically suspend a return procedure.

Can You Appeal a Return Decision or Entry Ban in Malta?

There are legal remedies against decisions relating to return. Under the EU Return Directive, a third-country national must have access to an effective remedy to appeal against or seek review of decisions relating to return before a competent judicial or administrative authority or another qualifying independent body.

In Malta, immigration appeals may fall within the jurisdiction of the Immigration Appeals Board.

The available remedy and deadline depend on the decision concerned. Because immigration appeal periods can be extremely short, anyone served with a return decision, removal order or entry ban should obtain advice immediately rather than waiting until the deadline approaches.

An appeal may require consideration of the legality and proportionality of the decision as well as the person’s individual circumstances.

What Factors May Be Relevant When Challenging an Immigration Decision?

There is no single argument that applies to every overstay or entry-ban case.

Depending on the circumstances, a legal assessment may consider matters such as the reason and duration of the overstay, whether there were exceptional circumstances, health considerations, employment and residence history and more. Supporting documentation can be crucial. Each case must be assessed individually rather than relying on a generic explanation for the overstay.

Can an Entry Ban Be Withdrawn or Suspended?

EU law provides circumstances in which an entry ban may be withdrawn or suspended. For example, where an individual can demonstrate that they left the territory in full compliance with a return decision, this may be relevant to consideration of an existing entry ban. EU rules also allow Member States, in appropriate individual cases, to refrain from issuing, withdraw or suspend an entry ban for humanitarian reasons and permit withdrawal or suspension in other circumstances.

This does not mean that a person can simply request cancellation and expect the ban to disappear. The underlying decision, immigration history, reasons for the ban and legal grounds supporting the request must first be examined.

What Should You Do If You Discover That You Have Overstayed?

Do not ignore the situation and do not assume that leaving Malta immediately will necessarily resolve every immigration consequence. Before taking action, it may be important to establish:

1. the date on which your authorised stay ended
2. how long you have overstayed
3. whether you currently have any pending residence or work-permit application
4. whether a return decision has already been issued
5. whether an entry ban has been imposed
6. whether an SIS alert exists or may be relevant
7. whether there are grounds for appeal, review or another legal remedy, and
8. what effect departure may have on your future ability to enter Malta or another Schengen country.

The appropriate strategy depends on the individual circumstances.

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.

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].

Why Apply for Malta Global Residence Programme Before the End of 2026?

The Malta Global Residence Programme is changing from 1 January 2027. For prospective applicants, acting before the end of 2026 could mean significantly lower financial commitments.

The Malta Global Residence Programme (GRP) has long provided an attractive route for third-country nationals seeking tax residence in Malta. However, from 1 January 2027, Malta’s tax residence framework will change with the introduction of the new Individual Tax Programme (ITP).

Introduced through Legal Notice 195 of 2026, the Individual Tax Programme will consolidate several of Malta’s existing special tax residence programmes under one legislative framework.

While many of the tax advantages will remain, the new ITP introduces higher minimum annual tax requirements, increased application fees and higher qualifying property thresholds.

For individuals already considering the Global Residence Programme in Malta, there is therefore a strong reason to explore their options before the end of 2026.

What Is the Malta Global Residence Programme (GRP)?

Introduced in 2013, the Malta Global Residence Programme is designed for individuals who are not nationals of the EU, EEA or Switzerland and who wish to establish tax residence in Malta.

Once approved by the Office of the Commissioner for Revenue, the beneficiary receives a special tax status certificate. This allows the applicant and qualifying dependants to apply for a residence permit in Malta, while also facilitating travel within the Schengen Area without having to apply for a Schengen visa for each trip.

One of the principal attractions of the GRP is its favourable tax treatment. Foreign-source income remitted to Malta is taxed at a special rate of 15%, with the possibility of claiming double taxation relief. Foreign-source income that is not remitted to Malta is generally not subject to Maltese tax, while income arising in Malta is taxable in accordance with the applicable Maltese tax rules. Importantly, the minimum annual tax under the current Global Residence Programme is €15,000.

What Is Changing Under the Individual Tax Programme (ITP)?

From 1 January 2027, new applicants will fall under the Individual Tax Programme Rules, 2026.

The ITP replaces the separate legislative frameworks governing the:

• Global Residence Programme (GRP)
• Residence Programme (TRP)
• Malta Retirement Programme (MRP)
• United Nations Pension Programme (UNPP).

Under the new framework, third-country nationals will be able to apply for Global Resident Status, but the financial requirements will be considerably higher. The most significant difference for prospective GRP applicants is the minimum annual tax liability. Under the existing Global Residence Programme, the minimum annual tax is €15,000. Under the new Individual Tax Programme, the minimum annual tax for third-country nationals obtaining Global Resident Status will increase to €35,000. That is an increase of €20,000 per year.

GRP vs ITP: What Will Change?

For a third-country national considering special tax status in Malta, some of the key financial differences include:

	Current GRP	New ITP – Global Resident Status
Minimum annual tax	€15,000	€35,000
Application fee	€6,000	€8,500
Tax on qualifying foreign income remitted to Malta	15%	15%
Status	Existing framework	Renewable every 5 years
Renewal administrative fee	—	€2,500

The ITP also introduces higher qualifying property requirements, including a minimum property purchase value of €700,000 or an annual rental value of at least €14,000. The difference between the two frameworks therefore extends beyond the initial application fee. For prospective applicants, the increased annual tax liability in particular can have a significant long-term financial impact.

Why 2026 Matters for Prospective GRP Applicants

Timing is now an important consideration. Under the transitional provisions, individuals who already benefit from one of the existing programmes, or who obtain special tax status by 31 December 2026, will continue to benefit from the existing framework until 2031.

From 1 January 2027, new applications will instead fall under the Individual Tax Programme. This creates an important window for third-country nationals who have already been considering the Malta Global Residence Programme.

Rather than waiting for the new ITP framework, prospective applicants may wish to assess their eligibility for the existing GRP and commence the process while the current programme remains available.

The financial difference is significant: €15,000 minimum annual tax under the current GRP compared with €35,000 under the new ITP Global Resident Status. Applicants should also keep in mind that obtaining special tax status involves an application and assessment process. Those wishing to benefit from the existing framework should therefore not necessarily wait until the final weeks of 2026 to begin considering their application.

Who Can Apply for the Current Global Residence Programme?

To qualify for special tax status under the Global Residence Programme Malta, an applicant must satisfy a number of requirements, including:

• being a third-country national
• not benefiting from another applicable residence scheme
• purchasing or renting qualifying property in Malta
• holding appropriate health insurance
• being considered a fit and proper person
• being fluent in English or Maltese.

A non-refundable one-time application fee of €6,000 applies under the current programme. Beneficiaries are also subject to the minimum annual tax of €15,000 and must comply with the applicable residence and programme conditions.

Should You Apply for the GRP Before the ITP Takes Effect?

The introduction of the Individual Tax Programme does not remove the advantages of establishing tax residence in Malta. The new framework will continue to offer a 15% tax rate on qualifying foreign-source income remitted to Malta, together with the possibility of double taxation relief. However, the cost of obtaining and maintaining Global Resident Status will increase significantly. For prospective third-country national applicants, the difference between the current GRP and the future ITP makes 2026 particularly important.

Those who are already considering relocating to Malta or establishing tax residence here should assess whether they are eligible for the Global Residence Programme before the Individual Tax Programme comes into effect on 1 January 2027.

The transition from the Malta Global Residence Programme (GRP) to the Individual Tax Programme (ITP) represents one of the most significant changes to Malta’s special tax residence framework in recent years.

Sciberras Advocates is an Authorised Registered Mandatory under Registration Number ARM5203 (Dr Adrian Sciberras). If you are considering applying for the Malta Global Residence Programme before the new Individual Tax Programme takes effect, contact our team on [email protected] to discuss your application. With the ITP taking effect on 1 January 2027, now is the time to assess whether you can secure special tax status under the existing GRP framework.

This article is for information purposes only and should not be construed as legal or tax 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].

A Practical Legal Guide by Sciberras Advocates

Changing your name is not always about starting over. In many cases, it is simply about ensuring that all your official documents reflect the same legal identity.

At Sciberras Advocates, we regularly assist clients who discover that differences between their birth certificate, passport, marriage certificate, citizenship documents or foreign records create unexpected legal and administrative complications.

Whether you wish to remove a middle name, adopt your married surname, update a child’s surname, or ensure your Maltese records match documents issued abroad, Maltese law provides legal mechanisms to regularise your position.

When Do People Usually Need a Name Change?

Many people assume that changing a name is uncommon. In reality, we receive enquiries every week from individuals facing situations such as:

Removing or Changing a Middle Name

Parents sometimes wish to remove a middle name that is no longer used or correct an official record so that their child’s legal documents match everyday use. Although this may appear to be a minor amendment, changes to names recorded in the Public Registry generally require a judicial process.

Anglicising or Simplifying a First Name

Many Maltese citizens living abroad have used an anglicised version of their first name for decades. For example:

• Joseph becomes Joe
• Anthony becomes Tony

Problems often arise when passports, birth certificates and foreign identity documents no longer match. Where a person’s foreign passport reflects one name whilst Maltese records show another, legal action may be necessary to align the official records.

Updating Maltese Records After a Foreign Name Change

This is particularly common for Maltese citizens living overseas. A person may legally change their surname in Canada, Australia, the United Kingdom or another country, yet find that Maltese authorities continue recognising only the previous name.

This frequently causes difficulties when:

• renewing a Maltese passport
• applying for citizenship for a spouse or child
• registering foreign civil status documents
• dealing with inheritance or property matters

Adopting a Married Surname

Some individuals initially decide to retain their maiden surname after marriage but later choose to adopt their spouse’s surname. If the change cannot be processed administratively through the Public Registry, court proceedings may be required before Maltese records can be updated.

Ensuring consistency across passports, marriage certificates and citizenship documentation is often essential, particularly for dual nationals.

Restoring a Maiden Name

In other situations, individuals wish to revert to their maiden surname or ensure that their birth and marriage records accurately reflect their legal identity for immigration, citizenship or international administrative purposes.

Changing a Child’s Surname

Parents sometimes discover that their child’s surname was registered differently from what was intended. Examples include:

• replacing a grandparent’s surname with the father’s surname
• correcting inconsistencies between local and foreign records
• ensuring all family members share the same surname

Where the child’s birth has already been registered in Malta, a Court decree is generally required before any amendment can be made.

Registering a Foreign Name Change for Citizenship Purposes

Foreign nationals who obtain Maltese citizenship sometimes encounter issues where a previous legal name change carried out abroad has never been recognised in Malta. This can create problems during passport applications because Maltese records may still reflect the person’s birth name. In these cases, the Court may need to formally recognise the continuity between both names before official records can be updated.

What Does Maltese Law Say?

Applications to legally change a name are primarily regulated by the Civil Code (Chapter 16 of the Laws of Malta) and are heard before the Court of Revision of Notarial Acts.

Depending on the circumstances, other legislation may also become relevant, including:

• the Identity Card and Other Identity Documents Act (Chapter 258); and
• the Maltese Citizenship Act (Chapter 188).

Each case is assessed individually, and the appropriate legal procedure depends on the specific circumstances.

Who Can Apply?

Depending on the nature of the request, applications may be made by:

• Maltese citizens;
• dual citizens;
• foreign nationals whose civil status has been registered in Malta;
• parents acting on behalf of minor children; and
• individuals whose foreign civil status documents require recognition in Malta.

What Is the Legal Process?

Although every case is different, the name change procedure generally involves the following steps:

Preparing the Court Application: A legal application is filed before the Court of Revision of Notarial Acts together with the necessary supporting documentation.

Notification: The Director of the Public Registry is formally notified of the proceedings.

Court Determination: The Court examines the evidence and, where appropriate, issues a judicial decree authorising the requested amendment.

Registration: Once the decree becomes final, the Public Registry updates the relevant civil records. Following registration, individuals can then proceed to update their passport, identity card and other official documentation where necessary.

Why Legal Advice Is Important

Many people first approach the Public Registry or Identità believing the matter can be resolved administratively, only to discover that a Court application is required. The appropriate legal route depends on various factors, including:

• where the original record was registered;
• whether a foreign name change has already taken place;
• citizenship status;
• marriage or family circumstances; and
• the purpose for which the name change is required.

Obtaining legal advice at an early stage can help avoid unnecessary delays and ensure that the correct procedure is followed from the outset.

Need Assistance with a Name Change in Malta?

Whether your case involves changing a first name, surname, middle name, your child’s surname, updating foreign records, or resolving discrepancies affecting passports or citizenship applications, Sciberras Advocates can advise you on the most appropriate legal procedure and represent you throughout the Court process. For professional assistance, contact Sciberras Advocates at [email protected].

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].

Legal Notice 195 of 2026: What Prospective Residents Need to Know

Malta has taken another significant step in modernising its tax residence framework with the publication of Legal Notice 195 of 2026, which introduces the Individual Tax Programme Rules, 2026. The new legislation replaces several existing special tax residence programmes with a single legislative framework, simplifying the system while introducing updated eligibility requirements and higher financial thresholds. The new rules will come into force on 1 January 2027.

A New Unified Framework

For many years, Malta offered different tax residence programmes aimed at specific categories of applicants. These included:

• The Global Residence Programme (GRP)
• The Residence Programme (TRP)
• The Malta Retirement Programme (MRP)
• The United Nations Pension Programme (UNPP)

Legal Notice 195 of 2026 consolidates these programmes into one legislative instrument known as the Individual Tax Programme (ITP). Rather than maintaining separate regulations, the new framework creates four categories of special tax status under one set of rules, making the system more streamlined and easier to administer.

Applicants and Tax Rates

The Individual Tax Programme caters for four different categories of applicants together with the following minimum annual tax liabilities:

• Third-country nationals seeking Global Resident Status / €35,000
• EU, EEA and Swiss nationals applying for Resident Status / €35,000
• Retired Pensioners / €15,000
• UN Pensioners / €20,000

Each category has its own eligibility criteria, but all operate under the same legislative framework.

Beneficiaries will continue to benefit from a 15% tax rate on qualifying foreign-source income remitted to Malta, while remaining eligible to claim double taxation relief where applicable. Foreign-source income that is not remitted to Malta is generally not subject to Maltese tax, whereas income arising in Malta continues to be taxed in accordance with the ordinary provisions of Maltese tax law.

Key Features of the New Programme

Despite the structural overhaul, the programme continues to preserve several features that have made Malta an attractive jurisdiction for internationally mobile individuals. For many international entrepreneurs, investors and retirees, these principles remain one of the principal attractions of establishing tax residence in Malta. Applicants will be required to maintain qualifying residential property in Malta, hold suitable health insurance, demonstrate sufficient financial resources and satisfy applicable fit and proper requirements.

Higher Financial Commitments

Legal Notice 195 of 2026 significantly increases the financial commitments expected from future applicants. Among the principal changes are:

• Increased qualifying property values for purchased and rental residences.

• Purchase value: minimum €700,000
• Annual rental value: minimum €14,000
  • Increased application fees: €8,500

These changes indicate a clear policy direction towards attracting individuals who intend to establish a stronger and more substantial connection with Malta.

Renewable Five-Year Status

The special tax status will no longer continue indefinitely. Instead, approvals granted under the new programme will be valid for five years, after which beneficiaries will need to apply for renewal and demonstrate continued compliance with the programme’s requirements and will be subject to a €2,500 administrative fee. This introduces greater ongoing regulatory oversight while ensuring that applicants continue to satisfy the qualifying conditions throughout their participation in the programme.

Timelines

Individuals who already benefit from one of the existing programmes, or who obtain special tax status before 31 December 2026, will continue to benefit from the current framework until 2031. Thereafter, renewals will be governed by the Individual Tax Programme Rules. The new legislative framework applies to new applications submitted from 1 January 2027.

Assistance through Sciberras Advocates

Whether you are considering relocating to Malta before the new rules take effect or wish to understand how the Individual Tax Programme may affect your long-term plans, our team at Sciberras Advocates can guide you through the legal process and help you identify the most suitable solution for your circumstances. Sciberras Advocates is an Authorised Registered Mandatory under Registration Number ARM5203 (Dr Adrian Sciberras).

This article is for information purposes only and should not be construed as legal or tax 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].

New information on I Belong courses for Third Country Nationals in Malta

We would like to notify all to inform all Third Country Nationals in Malta that in line with Measure 15 of Integration Strategy and Action Plan (2025-2030) aimed at strengthening and developing the I Belong programme, the following changes have come into effect: The Stage 1 course is no longer available. It is being renamed to ‘New Course on Maltese Language and Culture’. This course is a prerequisite to get in to the official I Belong 100-hour Cultural Orientation Course.

This notification comes into effect from 15 June 2026. According to the official website, all the Stage 2 applications received prior to 15 June 2026 will be given opportunity to participate in the I Belong Maltese language at MQF Level 2 course, and the I Belong 100-hour Cultural Orientation course.

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, 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].

A story of success stories, courage, and trust.

Transitioning from a successful career in accountancy to establishing one of Malta’s fastest-growing boutique law firms, Adrian Sciberras approaches the legal profession with a distinct, multidisciplinary perspective. As CEO of Sciberras Advocates, he is challenging traditional models by prioritising practical resolution and responsiveness, positioning the firm to service overlooked market segments while fostering a culture of ownership and continuous growth.

“We still consider ourselves a startup,” asserts Dr Adrian Sciberras, reflecting on the rapid ascent of Sciberras Advocates. It is a modest assessment for a practice that has seen its staff complement grow by 50 per cent and its billing double in the past year alone, but it speaks to the agility and ambition that define his leadership.

“I started engaging people in July 2023, just over three years ago. Now we have a staff complement of nine, which, for me personally, is a big success,” he smiles.

This growth, Adrian explains, stems from a growing reputation for delivering practical outcomes. “We are getting noticed,” he says. “When we have success stories, referrals follow.” Yet, for Dr Sciberras, success is not synonymous with scorched-earth victories in the courtroom; rather it is measured by a client’s peace of mind.

“It is not always about winning,” he explains, outlining a philosophy that prioritises resolution over prolonged conflict. “We try to resolve our cases. Sometimes it is more practical to seek a resolution than to pursue a win, because a purely adversarial approach is not always in the client’s best interests.”

He is also acutely aware of the human cost of legal disputes. “At the end of the day, it is not just about billing and money; it is also about the wellbeing of our clients. Some clients lose sleep because they are so worried about a case. We aim to find the best solution. While we do engage in litigation, we remain practical and, where possible, seek compromise.”

Adrian’s pragmatic outlook is perhaps shaped by his unconventional route into the legal profession. Before taking the oath, he had already built a successful accounting practice, growing it to 25 employees. It was during this period that the foundations of his legal career were laid.

“When I had my own accounting practice, many clients became friends and would confide in me about personal financial issues or problems with creditors,” he recalls. He would often offer informal advice, explaining what he would do in their position. “They would later come back and say, ‘I went to a lawyer, and he told me exactly the same thing you did’.”

Despite the pressures of family life and running a business, Adrian enrolled at University as a mature student, relying on his management team to keep the accounting firm thriving while he studied. By 2021, the transition was complete, and he orchestrated a management buyout of the accounting practice to focus entirely on law. “I don’t regret it at all,” he says. “I have a new challenge.”

This dual professional background has proven invaluable. “Coming from a numbers-driven environment gives me an advantage in structuring things. Accountants are trained to organise, plan and map processes. That discipline helped me build the firm effectively. I made mistakes in my previous business because I didn’t have guidance. This time, as we grow, I make fewer mistakes.”

Building a firm for the second time has also allowed the CEO to refine his leadership style, particularly when it comes to delegation. “One thing I learnt from my previous practice was not to become a bottleneck,” he admits. “I give the lawyers who work with me a fairly loose rein – the freedom to engage and take ownership.”

He also encourages a culture in which both successes and setbacks are shared collectively. “We are developing an incentive-based reward system,” he notes. “When we win a case, we celebrate it together. When we lose, we share that too, so we can learn from it. We don’t reprimand anyone. If we gave it our best, we focus on what we can improve next time.”

Looking at the market landscape for 2026, Adrian has positioned the firm to address gaps in the market, most notably in immigration law – an area he believes many traditional firms overlook. “If 30 per cent of the population consists of immigrants, you have to serve them,” he says. “They are human beings with real challenges. They should be treated on the same footing as Maltese citizens because their needs and demands are the same.”

By servicing this demographic with the same rigour applied to commercial clients, the firm has secured a ‘first-mover advantage’ in a bustling market. The firm has also successfully expanded into areas such as arbitration and financial services tribunals, often taking on cases that initially lay outside its core expertise at the direct request of clients. “Clients trust us,” he says. “I am always honest and tell them if we have not handled a particular type of case before, but if they believe in me, I will take it on for them.”

This trust is reinforced through a strict commitment to responsiveness. “When you receive a lead or referral, you must respond within 48 hours,” he continues. “Going to a lawyer is like going to a doctor – you go because something is wrong. If the doctor does not respond, you will keep looking until you find one who does. The same applies in law. People want reassurance; they want someone to listen.”

Ultimately, Adrian’s vision for Sciberras Advocates is rooted in sustainability and legacy. “My goal is for the firm to grow and become an established player in the market,” he concludes. “It’s not about making money – I want to build something that endures as a legacy.”

This article is part of the serialisation of 50 interviews featured in MaltaCEOs 2026 – the sister brand to MaltaCEOs.mt and an annual high-end publication bringing together some of the country’s most influential business leaders. Article originally published here: https://maltaceos.mt/its-not-about-making-money-i-want-to-build-a-legacy-sciberras-advocates-ceo-adrian-sciberras/

Article written by a MaltaCEOs team member.

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].

Malta Permanent Residence Programme (MPRP)

In an increasingly uncertain world, many individuals and families are looking for greater stability, international mobility, and access to opportunities beyond their home country. As a result, residency-by-investment programmes have become a popular route for securing a long-term foothold in Europe. Among the various options available, the Malta Permanent Residence Programme (MPRP) has established itself as one of the most attractive and reputable residency programmes within the European Union.

The MPRP offers qualifying third-country nationals the opportunity to obtain permanent residence in Malta through a government-regulated programme administered by the Residency Malta Agency. While many applicants are initially drawn by the prospect of visa-free Schengen travel, the programme offers significantly more than travel benefits alone.

A Permanent European Base for the Entire Family

One of the key strengths of the Malta Permanent Residence Programme is its family-oriented structure. Unlike other immigration programmes that focus solely on the principal applicant, the MPRP allows a wider range of family members to be included under a single application.

Spouses, minor children, adult dependent children, and even dependent parents and grandparents may qualify as dependants, provided the relevant eligibility requirements are satisfied. This makes the programme particularly attractive for families seeking long-term security and a European base that can benefit multiple generations.

For many international families, the ability to relocate together or maintain residency rights across generations is a significant advantage when compared to other residence programmes available globally.

Permanent Residence Without Relocation Obligations

A common misconception is that obtaining residence through an investment programme automatically requires a person to permanently relocate to the host country. One of the reasons why the Malta Permanent Residence Programme remains highly sought after is its flexibility.

Beneficiaries are granted permanent residence status in Malta without being subject to strict physical presence requirements. This means that individuals can continue managing businesses, investments, or professional commitments abroad while still enjoying the benefits associated with Maltese residency.

This flexibility has made Malta particularly attractive to entrepreneurs, business owners, retirees, and internationally mobile families who value having a secure European residence option without disrupting their existing lifestyle.

Stability Within the European Union

Malta’s membership of the European Union remains one of the strongest attractions for applicants seeking long-term residency. As an EU Member State, Malta offers political stability, a robust legal framework, modern infrastructure, and a highly regulated financial system. English is one of the country’s official languages, making integration considerably easier for international residents.

Many applicants view permanent residency in Malta not simply as an immigration solution, but as a strategic family investment. It provides a secure European base that can support future educational, professional, and business opportunities while maintaining access to the Schengen Area.

Property Flexibility Under the MPRP

Property remains an important component of the programme, but applicants often appreciate the flexibility provided by the current framework. Qualifying applicants may choose to either purchase or lease residential property in Malta. Importantly, the property does not need to be secured before the initial application is submitted. Applicants generally have additional time following approval in principle to finalise their property arrangements.

The regulations also provide flexibility after approval. Beneficiaries may replace a qualifying property during the first five years, provided programme requirements continue to be satisfied and continuity is maintained.

These practical provisions make the programme considerably more adaptable to changing personal circumstances and property market conditions.

A Well-Regulated Due Diligence Process

The Malta Permanent Residence Programme has earned a strong international reputation due in large part to its rigorous due diligence procedures. The Residency Malta Agency conducts extensive background checks to ensure that only reputable applicants are approved. This commitment to integrity protects both the programme and its beneficiaries by maintaining high standards of compliance and transparency.

For genuine applicants with a legitimate source of wealth and a clean background, the due diligence process provides confidence that the programme is operating within a robust and internationally respected framework.

Long-Term Security for Future Generations

For many families, obtaining permanent residency in Malta is not merely about present-day benefits. It is about creating future opportunities. Parents often view residency as a strategic tool that may support future educational pathways, international exposure, and lifestyle choices for their children. Others seek a stable jurisdiction where they can spend part of the year, retire comfortably, or diversify their personal and financial interests across different regions.

The fact that the residence certificate itself remains valid indefinitely, provided programme obligations continue to be met, provides a level of long-term certainty that many applicants find particularly attractive.

Common Challenges Applicants Face

While the programme is highly accessible for eligible applicants, successful applications require careful planning and preparation. Applicants must ensure that documentation relating to source of wealth, source of funds, business interests, family relationships, dependency, and police clearances is complete and properly certified. Financial evidence must also clearly demonstrate compliance with the programme’s asset requirements.

In practice, many delays arise not because applicants are ineligible, but because documentation has not been prepared correctly or because potential issues are identified too late in the process. For this reason, obtaining professional legal guidance from the outset is often one of the most important factors contributing to a smooth and successful application.

How Sciberras Advocates Can Assist

As a licensed agent authorised to submit applications under the Malta Permanent Residence Programme, Sciberras Advocates assists clients throughout every stage of the process.

Our team provides comprehensive support, including eligibility assessments, due diligence preparation, source of wealth reviews, document verification, property guidance, communication with the Residency Malta Agency, and ongoing compliance support following approval.

Every applicant’s circumstances are unique. Whether you are seeking a secure European residence option for your family, planning a future relocation, or exploring residency-by-investment opportunities within the European Union, obtaining tailored legal advice at an early stage can significantly increase the efficiency and success of your application.

If you are considering applying for the Malta Permanent Residence Programme, contact Sciberras Advocates to discuss your eligibility and begin your journey towards permanent residence in Malta.

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].

As Malta’s workforce continues to evolve, employment law is no longer simply about resolving disputes after they arise. Increasingly, businesses are recognising that prevention is just as important as litigation.

From remote working arrangements and probation disputes to employee grievances and foreign workforce compliance, employers today face a far more complex legal landscape than they did even a few years ago.

For many businesses, a single employment dispute can lead to operational disruption, reputational damage, financial penalties, and lengthy proceedings before the Industrial Tribunal.

According to Dr Adrian Sciberras, prevention is now one of the most valuable legal strategies a company can adopt. “Many employers only seek legal advice once a dispute has escalated. In reality, the strongest protection often comes from having proper procedures, contracts, and policies already in place,” he explains.

The increasing importance of compliance

Ongoing developments in Maltese employment law have placed greater responsibilities on employers, particularly regarding transparency, employee rights, and enforcement obligations. At the same time, Malta’s labour market has become increasingly international, with foreign workers now representing a significant portion of the workforce.

This creates additional legal considerations for businesses, including:

• Work permit compliance
• Employment contracts for third-country nationals
• Proper probation procedures
• Data protection obligations
• Anti-discrimination measures
• Internal disciplinary frameworks

Without proper legal guidance, even administrative oversights can expose employers to significant risk.

The hidden cost of poorly drafted employment contracts

One of the most common issues encountered by employers is the use of outdated or generic employment contracts. Contracts that fail to clearly regulate probation, notice periods, confidentiality, remote working, overtime, or termination procedures often become the foundation of future disputes. Similarly, businesses that rely on informal HR practices may struggle to defend disciplinary decisions if challenged before the Industrial Tribunal.

At Sciberras Advocates, employers are assisted not only in resolving disputes, but also in creating legally sound employment structures designed to minimise exposure from the outset. The firm advises businesses on:

• Employment contracts
• HR and disciplinary policies
• Workplace investigations
• Redundancy procedures
• Employment terminations
• Whistleblowing matters
• Discrimination claims
• Data protection and confidentiality obligations
• Employment issues involving foreign workers
• Prevention protects both business and reputation

Employment disputes are rarely limited to legal consequences alone.

In today’s digital environment, workplace allegations can quickly escalate into reputational issues that affect employee morale, recruitment, and public perception. For this reason, businesses are increasingly seeking proactive legal support to ensure that internal procedures are fair, documented, and compliant with Maltese law.

“Strong internal structures do not only protect employers legally,” says Dr Sciberras. “They also create clarity and professionalism within the workplace itself.”

A strategic approach to employment law

Employment law is no longer simply a reactive area of legal practice. For modern businesses, it has become part of wider risk management and corporate governance.

As Malta’s regulatory and employment landscape continues to evolve, employers who invest in preventative legal strategies are often in the strongest position to avoid costly disputes and maintain long-term stability.

With experience in both employment disputes and preventative employment advisory services, Sciberras Advocates assists businesses in navigating employment challenges with practical, commercially focused legal solutions.meaningful change. Only by addressing these gaps can Malta build a labour market that is not only efficient but also fair, inclusive, and sustainable.

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].