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:
- the date on which your authorised stay ended
- how long you have overstayed
- whether you currently have any pending residence or work-permit application
- whether a return decision has already been issued
- whether an entry ban has been imposed
- whether an SIS alert exists or may be relevant
- whether there are grounds for appeal, review or another legal remedy, and
- 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.
यो लेख केवल जानकारीको लागि मात्र हो र यसलाई कानुनी सल्लाहको रूपमा लिनु हुँदैन।.
यस लेखको लेखिका सुश्री चार्लीन सिबेर्रास, बी.ए. (हॉन्स) हुनुहुन्छ, जो एक अतिथि लेखक हुनुहुन्छ। उहाँ कर्पोरेट, लेखा, र कानुनी मामिलाहरूमा विशेष ध्यान केन्द्रित गर्ने मार्केटिङ र व्यवसाय प्रशासन विशेषज्ञ हुनुहुन्छ।.
Sciberras Advocates, डा. एड्रियन सिबेरासद्वारा स्थापित, माल्टामा आधारित एक ल फर्म हो। यो फर्म बहु-अनुशासनिक, नवीन र परिवर्तनशील समय र स्थानीय तथा अन्तर्राष्ट्रिय कानुनी परिदृश्यमा आउने कुनै पनि चुनौतीहरूको सामना गर्न लचिलो हुनमा गर्व गर्दछ। संस्थागत वा निजी जुनसुकै जटिल मागहरू भए तापनि, Sciberras Advocates ले तपाईंको मनोनित परिणामहरू प्राप्त गर्न व्यावहारिक र लागत-प्रभावी कानुनी समाधानहरू प्रदान गर्दछ। तपाईंले फोन मार्फत Sciberras Advocates मा सम्पर्क गर्न सक्नुहुन्छ +35627795222वा इमेलद्वारा [email protected].
