MaltaAsylum / refugee status

Asylum and international protection in Malta

International protection in Malta means refugee status or subsidiary protection for third-country nationals and stateless persons who are on Maltese territory and cannot return home because of persecution or the risk of serious harm. Applications are received and assessed by the International Protection Agency, and a refusal is appealed to the International Protection Appeals Tribunal.

Visa term

Refugee/subsidiary protection status under EU rules; an appeal lies against a refusal

Threshold

No financial requirements; reception conditions (accommodation, maintenance, medical care)

Processing time

Depends on the case; interview(s) and assessment by the IPA

Residence

Stay in Malta, with possible restrictions/reporting duties

Source: legislation.mt — International Protection Act (Cap. 420)

Who can obtain it

The International Protection Act covers all applications made on Maltese territory. Requests for diplomatic or territorial asylum at Maltese missions abroad fall outside it. The agency first examines the grounds for refugee status and only then the grounds for subsidiary protection.

Refugee status

A third-country national or stateless person present in Malta
A well-founded fear of persecution on grounds of race, religion, nationality, political opinion or membership of a social group
The persecution comes from the state, from forces controlling part of the territory, or from non-state actors against whom the state offers no protection
The fear may also arise after leaving the country of origin
Past persecution is treated as a serious indication that the fear is well founded

Subsidiary protection

The applicant does not meet the refugee criteria but faces serious harm on return
Serious harm means the death penalty or execution without trial
Torture, or inhuman or degrading treatment or punishment
An individual threat to a civilian's life from indiscriminate violence in an armed conflict
The decision is issued together with a formal finding that the applicant does not meet the refugee criteria

Temporary humanitarian protection

A national form of protection for those refused refugee status and subsidiary protection
An unaccompanied minor who cannot be returned in the light of the best interests of the child
An incurable or life-threatening illness that cannot be treated in the country of origin
Other humanitarian circumstances, including severe disability
Granted at the agency's discretion and not subject to appeal

Documents to gather

The law sets no separate document package: the main evidence is the applicant's own account, and papers confirm identity and circumstances. Everything relevant is brought in the original and as early as possible. Some documents are completed by an agency officer during the appointment.

Passport or other document establishing identity and nationality, in the original
Documents on age, previous place of residence, route of entry and travel documents
Evidence of persecution or of the risk of serious harm: certificates, decisions, publications, correspondence
Information about relatives in European Union countries and about earlier protection applications
Registration Form — completed by the agency officer at registration
Application Form — completed at the lodging stage
Fingerprints for the VIS system and the EURODAC database
Photograph for the Personal Details Form
Medical certificate or other proof if an interview was missed for a valid reason
Police report of the loss, if a document previously issued by the agency has been lost

How the process runs

The procedure is carried out in person and by appointment. An application goes through three formal stages — making the request, registration and lodging — after which an interview is scheduled. An interpreter is provided at every stage.

1
Making a request for protection
You can state your wish to obtain international protection at the agency itself in Ħamrun, and also to the immigration police, the border police, the prison administration and the detention services. Any other government body is obliged to pass the request on to the agency.
2
Registration of the application
3 working days
The agency registers the request within three working days; if the request was made to another body — within six working days, and where a large number of people apply at once the deadline is extended to ten working days. The officer explains the rights and obligations and completes the Registration Form: country of origin, education, work, relatives in the EU, route of arrival. After registration a Personal Details Form with a photograph is issued.
3
Lodging the application
the applicant's document — within 3 days of lodging
A separate appointment is set for lodging. The officer completes the Application Form and fingerprints are taken for VIS and EURODAC. Refusing to give fingerprints may bring the examination to an end. Within three days of lodging the applicant is issued with a document confirming their status as an asylum seeker and their right to remain in Malta while the case is examined.
4
Personal interview
The applicant is asked about their identity, the reasons for leaving, the reasons why they cannot return, and why they cannot find safety in another part of the country of origin. An interpreter is present, of the same sex where necessary. You may attend with a lawyer, but at your own expense: free legal aid is not available at this stage. If you cannot attend, you must inform the agency by eight in the morning on the day of the appointment and confirm the reason. The agency may call you in for a further interview.
5
Examination and decision
6 months, extendable by no more than a further 6 months
The agency assesses the application individually: oral and written explanations, the evidence submitted and up-to-date country-of-origin information. Manifestly unfounded applications follow the accelerated procedure: they are examined within three working days, and within the same period the decision is reviewed by the chairperson of the tribunal.
6
Notification of the decision
The decision is served in person by appointment, and on the spot in places of detention. Three documents are issued: the decision itself with an explanation of the right of appeal, the transcript of the interview, and the assessment report with the legal reasoning. Where the decision is negative, the asylum seeker's document is withdrawn.
7
Appeal against a refusal
15 calendar days
An appeal against a refusal, against exclusion from protection, or against the grant of subsidiary protection only, is filed with the International Protection Appeals Tribunal within fifteen calendar days of notification. Five working days are allowed against a decision that an application is inadmissible. Free legal aid is available at the appeal stage. Until the tribunal has given its final decision the person remains an asylum seeker.
8
Protection certificate and residence permit
Where the outcome is positive the agency issues an IPA Protection Certificate: for refugee status and subsidiary protection — for three years, for temporary humanitarian protection — for one year. With the certificate you apply to Identità for a residence permit. A refugee is issued with a Convention travel document, and a holder of subsidiary protection with a travel document under national rules.

Timelines and rights

Work

Access to the labour market no later than 9 months after filing; full rights once recognised

Who you can bring with you

The law treats as family members those whose family already existed in the country of origin and who are in Malta in connection with the protection application. Relatives who remain abroad fall outside this definition — for them only the family reunification mechanism applies.

Spouse or partner

The spouse of a beneficiary of protection, or an unmarried partner in a stable relationship where such a relationship is recognised by law

Minor children

Unmarried children of the beneficiary of protection, of their spouse or of their partner — born in or out of wedlock, or adopted

Parent of a minor

The father, mother or another adult responsible for the beneficiary of protection where that beneficiary is a minor and unmarried

Family of a refugee in Malta

Enjoys the same rights and benefits as the refugee, where the relatives are in Malta at the time of the decision or join them later

Family of a holder of subsidiary protection

The same rights and benefits where the relatives are in Malta at the time of the decision; the law gives no right to family reunification from abroad

Child born in Malta

Receives the rights and benefits of the parent with the highest level of protection; for a residence permit they attend the agency with the original Maltese birth certificate and the parents' protection certificates

Family member's residence permit

Issued for at least three years and renewable

Renewal and the grace period

The protection certificate is not open-ended. For refugee status and subsidiary protection it is valid for three years, and for temporary humanitarian protection for one year. The renewal date is stated on the certificate itself, but it is for the status holder to book the renewal appointment — before the document expires. Appointments are made by email to the agency. To renew temporary humanitarian protection you must show that the grounds still apply: for example, by attaching recent medical documents on the condition for which the status was granted. Minor children attend the renewal in person, even where a parent files the documents for them. While the case is being examined, the Asylum Seeker's Document is renewed separately — on the day it expires. Once the certificate has been received, the residence permit itself is applied for at Identità.

How it differs from the routes next to it

The comparison is built from the official terms of the routes themselves — the source links sit on their own pages.

	Asylum and international protection	Permanent residence	Nomad permit
Visa term	Refugee/subsidiary protection status under EU rules; an appeal lies against a refusal	Permanent status subject to compliance; property for 5 years	Up to 1 year, renewable up to 3 years in total
Work	Access to the labour market no later than 9 months after filing; full rights once recognised	Does not in itself grant the right to work; a separate permit is required (Single Permit)	Remote work for foreign employers only
Residence	Stay in Malta, with possible restrictions/reporting duties	No minimum presence requirement	Actual residence in Malta

What comes next: permanent residence and citizenship

Route to permanent residence

Those recognised receive a residence permit; permanent residence under the general rules

Route to citizenship

Through general naturalisation for lawful residents

Frequently asked questions about Asylum and international protection

How long does a decision on an application take?

The agency states that the examination is completed within six months of the application being registered, where Malta is the responsible state. The period may be extended by no more than a further six months.

Can I work while my application is being examined?

Access to the labour market opens nine months after the date the application was lodged, if the person is still an applicant by then. Access to the labour market is not withdrawn while a negative decision is under appeal. An applicant with labour-market access may also take up vocational training. Priority for nationals of EU and EEA states and for lawfully resident third-country nationals still applies.

How long is there to appeal and is a free lawyer provided?

Fifteen calendar days from the date the decision is served are allowed to appeal a refusal, and five working days against a decision that an application is inadmissible. Free legal aid is available at the appeal stage. The tribunal's decision is final and no further appeal lies against it.

For how long is the protection certificate issued?

For holders of refugee status and subsidiary protection — for three years; for holders of temporary humanitarian protection — for one year. Both statuses give the right to live and work in Malta, and the residence permit is then applied for at Identità.

Can I bring my family to Malta?

Only those granted refugee status have the right to family reunification. Holders of subsidiary protection are not entitled to family reunification. Reunification applications themselves are dealt with by Identità, not by the agency.

What happens if the applicant's document is not renewed in time?

The Asylum Seeker's Document must be renewed on the day it expires. After that date it is invalid. Failure to renew may lead to the application being treated as withdrawn. If thirty days pass, the case may be closed, leaving only the route of a fresh application. Exceptions are made in cases of force majeure — for example hospitalisation or quarantine, with supporting documents.

Can applicants' children attend school?

Minor children of applicants and minor applicants have access to the education system on conditions close to those for Maltese citizens. Access may not be deferred by more than three months from the date the application was lodged; the period is extended to a year where preparatory teaching is arranged to help them enter the school system.

Can I leave Malta before the case is decided?

The applicant must remain on the territory of the state examining their case. The agency may suspend that requirement for a limited period on serious humanitarian grounds, where supporting documents are provided. Permission to leave and return is issued not by the agency but by the immigration police.

What is a manifestly unfounded application?

It is an application that raises issues irrelevant to the case, where the applicant arrived from a safe country of origin, misled the authorities, destroyed documents, gave clearly contradictory explanations, or applied merely to delay removal. Such cases follow the accelerated procedure: the examination takes three working days, and within the same period the decision is reviewed by the chairperson of the tribunal. That finding is final and not subject to judicial review.

Which countries does Malta consider safe countries of origin?

The list is set out in a schedule to the Act. It covers the states of the European Union and the European Economic Area, and also Australia, Brazil, Canada, India, Japan, Morocco, New Zealand, Tunisia, the USA, Uruguay and a number of other countries. The minister may amend this list and must remove a country that has ceased to be safe.

Can protection status lapse of its own accord?

Yes. The agency may declare protection to have lapsed where the person has unequivocally renounced it or has become a Maltese citizen. An unequivocal renunciation means a written statement giving up the status, and also failure to renew the protection within twelve months of its expiry. If the person asks in person to have the status restored, the agency will consider the request provided the criteria are still met.

What rights does recognised status give?

A beneficiary of international protection has the right to remain in Malta with freedom of movement and to obtain personal documents, including a residence permit for three years, renewable. They have access to employment, social support, integration programmes, housing, state education and training, and to state medical care on the same terms as citizens. Social benefits for holders of subsidiary protection may be limited to core benefits.

Other ways to move to Malta

Every route in one list — migration programmes: Malta.

The terms and the amounts are checked against official sources — the link sits under each section.Last checked on: 8 August 2026.