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Immigration Law



Immigration Law

Immigration is a delicate process that often requires special attention due to the various legal implications it can bring along. Over the years our team of immigration lawyers has been actively involved in assisting EU and non-EU nationals in issues related to immigration matters with Identità (Identity Malta Agency), the Refugee Commissioner, Immigration Appeals Board, VFS offices, and other Malta entities related to immigration.

Apart from residency schemes, citizenships, long term residence permits, fiscal incentives to establish residency in Malta, HNWI schemes, Single Work Permit, Key Employee Initiative (KEI) applications, Specialist Employee Initiative (SEI) applications, EU Blue Card applications, refugee and subsidiary protection, visa applications and more, at Sciberras Advocates immigration lawyers in Malta we can assist with any immigration law issues that may arise during the redomiciling process to obtain a residency permit or a renewal. Such issues revolve around visa overstays, refusal of entry for non-valid reasons, marriage fraud, documentation fraud, entering the country illegally and more.  

Our services specialise on immigration and visa appeal law assistance, including appeals on removal and return orders, with the Immigration Appeals Board, mainly for the below scenarios:

  • If your Single Permit Application was refused, you have a right to appeal this decision with the Immigration Appeals Board within three days of the notification of such decision in accordance with Article 20(2) of Subsidiary Legislation 217.17. 
  • If your Visa Application was refused, annulled or revoked by Maltese authorities, you have the right to appeal this decision with the Immigration Appeals Board within fifteen days of the notification of such decision as per Article 25A(5) of Chapter 217.
  • If you received a return order to go back to your country, you have the right to appeal this decision with the Immigration Appeals Board within three days of the notification of such decision. The right to appeal is also stated in Article 25A(5) of Chapter 217.
Our team of immigration lawyers holds an outstanding track record in winning appeals related to immigration procedures. Here are various case studies: 

Case Study: Employment and Immigration Case for a Nepalese national

Case Study: Still Abroad – Embassy of Malta in Egypt refusal

Case Study: Malta Entry Ban Appeal

Case Study: Appeal on a refusal of Single Permit Application

Case Study: Overstay and Identity Malta Agency – Another win

Our team can also handle long term residency permit application for Third Country Nationals residing in Malta since five years, as well as family reunification applications for Third Country Nationals. 

What happens if one overstays on the Schengen Visa? There are a lot of consequences for overstaying in the Schengen Area and it’s good to know that an overstay never goes unnoticed and whether the overstay is intentional or not, it is always punished by either a fine, immediate deportation and getting banned from entering the Schengen Zone for a specific amount of time. You are not allowed to overstay the 90 days amount of permitted stay per 180 days, and this is valid on any type of visa, whether it is a student visa or a work-related visa.
Under the terms of Schengen, non-EEA nationals cannot spend more than a total of 90 days within a total period of 180 days without a visa. Furthermore, once you’ve used up your quota of 90 days, you cannot return to Schengen until 90 more days have passed. Many people overstay because they think that visa validity and duration of stay are the same. While visa validity is the date from which to which the visa holder is permitted to enter the Schengen Area, the duration of stay is the number of days that he or she can spend within that period.
If you overstay in the Schengen Area, you risk:
-Difficulties coming back to Schengen
-Ban from Schengen Area

Sciberras Advocates Malta immigration lawyers are ready to assist you on immigration policy advisory and immigration and visa appeal legal assistance including appeals on removal and return orders. 

For a detailed FAQ about immigration please click here.

If you require our assistance on immigration issues in Malta, please get in touch on [email protected]

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