As Malta moves through 2026, enforcement actions targeting those living or working irregularly are continuing in line with the approach taken in 2025. In fact, on 18 January 2026, the Malta Police Force reported that 35 persons were detained in Marsa following an operation that included patrols in areas linked to illegal work activity and inspections on public transport. The Police stated that the individuals were found without a Maltese residence permit, in circumstances indicating they were in Malta for work purposes in breach of the Immigration Act, and noted that these inspections are expected to intensify in the coming days and weeks.
For many third-country nationals, living in Malta without regular status is not a deliberate choice. It is often the result of lost employment, failed renewals, administrative delays, or misunderstandings about EU rights. Once legal status is lost, daily life can quickly become defined by fear of inspections, detention, and deportation.
What does “Irregular” Mean Under the Law
At EU level, irregular stay is defined in Directive 2008/115/EC, commonly referred to as the Return Directive. The law states:
Illegal stay means the presence on the territory of a Member State of a third-country national who does not fulfil, or no longer fulfils, the conditions of entry, stay or residence in that Member State.
Article 3(2), Directive 2008/115/EC
In Malta, this applies to individuals who have overstayed a visa, lost an employment-based residence permit, had an asylum application rejected, or are working without the correct Maltese authorisation.
Being physically present in Malta does not create a right to remain or work. Residence permissions are purpose-based and time-limited, and once that legal basis ends, a person is considered irregular.
Enforcement and Removals
Enforcement actions became increasingly visible throughout 2024 and 2025 and are continuing into 2026. These include joint inspections carried out by the Police, Identità, JobsPlus, and other authorities, including checks on public transport and in public spaces.
Official figures provided in Parliament show that removals have remained a key part of Malta’s enforcement approach. Between 2021 and 31 August 2025, a total of 5,481 migrants were removed from Malta, with 2,298 returned to their country of origin. Other removals involved transfer to another EU Member State, depending on where the individual held a legal right to reside. The same figures show continued removals in 2025, with 416 removals recorded by the end of August, compared with 487 in 2024 and 599 in 2023.
Entry Bans and Long-Term Impact
Removal decisions are often accompanied by an entry ban. Under Article 11 of the EU Return Directive, Member States may impose a ban following a return decision. The law provides that:
The length of the entry ban shall not in principle exceed five years.
DIRECTIVE 2008/115/EC
In practice, many people experience bans lasting 3 years. These bans can affect future residence prospects within the Schengen Area.
Who is Affected
There is no single profile of a person living irregularly in Malta. Those affected include mostly individuals from African countries, the Balkans, South Asia, India, and Latin America. Many have lived in Malta for years, worked informally, and built social ties, despite lacking a valid legal basis to remain.
From October 12, 2025, all non-EU travellers entering the Schengen Area are registered electronically.
Why People Fall into Irregular Status
Irregular status usually develops over time rather than through a single decision. Common reasons include:
- loss of employment-linked residence permits
- delayed or unsuccessful renewals, especially after measures got stricter
- rejected asylum applications
- informal or undocumented work
- misunderstanding EU mobility and work rights
A Common Case: Protection in Italy, Work in Malta
Many people living irregularly in Malta were previously granted refugee or subsidiary protection in Italy. While this status allows residence and work in Italy, it does not give the right to work in Malta.
Maltese law requires a separate residence and employment permit. When individuals with Italian protection are found working in Malta without this authorisation, they may be treated as residing and working irregularly and face removal and an entry ban.
The Human Reality Behind Irregularity
Living irregularly often means living cautiously. People avoid public transport, hospitals, and authorities. Many accept exploitative working conditions because reporting abuse feels more dangerous than enduring it. Some cannot safely return home, while others fear the personal and financial consequences of doing so.
Behind each statistic is a person trying to keep life together while living in uncertainty. For many, irregular status is not a single event, but a long period of stress, silence, and limited choices.
Preserve your legal status in Malta
Preserving your legal status in Malta requires active attention, not guesswork. Rules, procedures, and administrative practices can change, and it is important to follow the latest guidance published by Identità and to keep track of the exact scope and expiry of your permit. If your situation changes, act early. If you lose your job, do not assume you can continue working or remain indefinitely. Start looking for a new employer immediately and take advice on what timeframe applies to your specific permit. If a renewal is delayed, a permit is rejected, or your employment conditions change, seek support and consider professional assistance, including an immigration lawyer, so you understand your options, including appeals where applicable. Malta has several routes to ask for help and clarify your position, but the most common mistake is waiting until the last moment.
Finally, if you cannot regularise and need to leave Malta, a voluntary and timely departure is often the safer option than waiting to be found irregular, since enforcement checks are ongoing and removal decisions can lead to entry bans. In many cases, leaving correctly may preserve the possibility of returning later through the proper legal route.
På Expatax Malta, we frequently witness how timely guidance and current information can avert irregular status and its repercussions. If you require assistance, don’t hesitate to contact us.
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