I am from Serbia and I overstayed in Malta, I spent 5,5 months there eventhough I am allowed 90 days. They deported me back to my country and the only paper I have got so far is the paper for deportation. I want to know if I have an entry ban, is it for Malta only or for all of the EU countries and for how long is it. After all, my wish is to go back to Malta this year.. If it's possible in any way. Any help is welcome. Thank you

  • Your history of overstaying will likely make it difficult for you to go to Malta even if you have not been banned. The degree of difficulty would depend on the purpose of your desired visit to Malta, and perhaps on its duration. – phoog Oct 11 at 16:18

There's a good example for the Netherlands that might give some idea of how other EU countries such as Malta might approach this - though I believe each country sets their own rules.

Entry ban, return decision and pronouncement of undesirability

An entry ban prevents you from travelling to ... other EU/EEA countries and Switzerland. You are not allowed to be in these countries either.

You can get an entry ban in the following situations:

  • Your visa or residence permit is no longer valid. You did not leave the country in time.

...

What are the consequences of an entry ban?

  • 1 year: in case of an overstay of more than 3 days and up to 90 days.
  • 2 years: the standard length (for example in case of an overstay of more than 90 days).
  • 3 years: in case of a prison sentence of less than 6 months.

...

  • 20 years: issues of public order and national security.

...

Lifting the entry ban

You can request in writing to have the entry ban lifted.

If you have an entry ban, you should have been informed of this when you were deported.


Maltese legislation says

  1. (1) The Principal Immigration Officer shall issue a return decision accompanied by an entry ban where:
    (a) no period for voluntary departure is granted; or
    (b) the obligation to return is not complied with within the period for voluntary departure granted in accordance with regulation 4; or
    (c) there is a serious threat to public policy, public security or national security; or
    (d) the Principal Immigration Officer may deem necessary in the circumstances.
    (2) Return decisions may be accompanied by an entry ban in other cases including those mentioned in regulation 3(5).
    (3) An entry ban shall be executed on the third country national leaving the Schengen area from Malta and information on such entry ban shall be provided to him in a language that he may reasonably be supposed to understand.
    (4) The length of the entry ban shall be determined subject to all relevant circumstances of the case concerned and shall not exceed five years: Provided that such entry ban
    may exceed five years if the third-country national represents a serious threat to public policy, public security or national security

(my emphasis)

  • You are correct that the conditions for imposing an entry ban (indeed for any punishment for overstaying in the Schengen area) are set by each country. The principle that a banned person must be told of the ban probably derives from more fundamental EU-wide legal principles. But even so, I suppose that a failure to inform someone of a ban probably would not render the ban invalid, and it certainly wouldn't stop a border guard from refusing entry on a future attempt even in the absence of a ban. – phoog Oct 11 at 16:14

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