If you have an overstay ban in a country, it means that you have violated the terms of your visa or immigration status and have been subjected to a penalty that prevents you from entering or remaining in that country for a specified period. There are many different scenarios for an overstay in Malta, such as a visa overstay, being terminated from your employment and not applying for a new job within 10 days of termination, and other scenarios. In any such a situation, seeking the assistance of a immigration lawyer can be beneficial in many ways.

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 international or not, it is always punished by either a fine, immediate deportation and getting banned from re-entering the Schengen Zone for a specific amount of time.

If you overstay in the Schengen Area, you risk:

  • Deportation
  • Difficulties coming back to Schengen Area
  • Fines
  • Ban from Schengen Area

If you are in an overstay status, or you have received a return order to go back to your country or received a ban at the airport by the immigration police, you have the right to regularise your position and appeal this decision. Engaging the expertise of an immigration lawyer is essential for many reasons. A lawyer can evaluate your case and immigration history to understand the reasons for the overstay and the specific terms of the ban. A lawyer can explain your rights and options under immigration law and can guide you through the process, ensuring that all necessary documentation is submitted correctly and on time.

Originally published 3 October 2023

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.

The content of this article is intended to provide a general guide to the subject matter. Specialist advice should be sought about your specific circumstances.