Expatriates – Non-EU Employment – Study

Frequently Asked Questions

If you receive a refusal, assess the reason and then decide on the next steps.

You typically have a few options:

  • Appeal the decision: The refusal letter will outline your right to appeal. Normally, you can appeal to the Immigration Appeals Board within around 3 working days of the refusal. The letter will usually give the exact deadline and possibly the procedure (which usually involves writing a formal appeal statement and submitting it to a given address). In the appeal, you’d argue why you believe the refusal was unfounded or provide clarifications. For example, if you were refused due to an alleged missing document that you actually did submit (or can submit now), you can appeal explaining that.
  • Legal stay during appeal: As mentioned, unless explicitly stated, filing an appeal does not automatically let you remain in Malta if your current permit has expired. Sometimes, appeals in immigration might allow you to stay pending outcome, but you should verify this. The refusal letter will often clarify whether the refusal means you must leave or if you can stay until the Board decides. If it’s not clear, you should consult a lawyer or the authorities because overstaying during an appeal could count as illegal stay. Often, if a student’s permit is refused and expired, they are expected to leave and maybe pursue the appeal from abroad, which is not ideal. This is why reapplying quickly (if possible) can be a more straightforward solution.
  • Contact your institution or advisor: If you’re refused, inform your school’s international office (if they have one) because they might assist or advise. They might have seen similar cases and can help you address the issue or speak to Identità on your behalf in some cases (for example, if it was about attendance issues, the school could explain any extenuating circumstances to Identità).

The Immigration Appeals Board process in Malta is a legal avenue – you might even hire an immigration lawyer if you go that route, especially for complex issues. But for most student permit refusals that are not about serious misconduct, it’s often about paperwork, so you can solve it by getting things in order and applying again (after ensuring you’re still legally able to, of course).

Finally, always aim to avoid refusals by making your application complete and truthful the first time. Use checklists, double-check everything, and maybe have someone experienced review your application. If you do all that, the chance of refusal is minimal for a genuine student.