There are many misconceptions and misunderstandings in relation to undocumented or irregular migrants living in Malta. The reasons why a person is or becomes undocumented are many and many times beyond their control. Their life is hard, even for the ones that can work and pay tax, access to any form of benefits is non-existant and their children have limited rights to schooling and medical care.
The below aims to provide some clarity on frequently asked questions, as well as simply covering the basics which are essential to know when talking about regularisation.
What does "irregular" or "undocumented" mean?
"Irregular” or “undocumented” migrants refer to individuals living in Malta without a valid residence permit.
The terms refer to those people who arrived in Malta, with or without valid documents, and have had their application for asylum finally rejected.
They can also refer to those people who have either overstayed their visa.
We prefer to use the term "undocumented" to describe individuals lacking authorisation to enter, live, or work in a country, as it focuses on their administrative situation without carrying negative connotations.
We do not use the use of the terms “illegal immigration” or “illegal immigrant” as only an action can be classified as illegal and applying that word to human beings only seeks to erase their humanity.
What is the difference between undocumented & stateless?
A person who is undocumented means that the person lacks the right to reside or work in a country. Whilst this person might not have papers from Malta or from their country of origin, they are still recognised as a national of their country of origin.
In contrast a stateless person does not have the nationality of any country. Some people are born stateless, whilst others become stateless. This can happen for various reasons such as the creation of new states or changes in borders.
How many undocumented migrants live in Malta?
It is difficult to determine the exact number of irregular migrants living in Malta and it could be around 800 men, women and children. Many of these individuals arrive through migration routes, often by sea, while others may have initially entered the country legally and later fallen into undocumented status due to expired visas or denied asylum claims.
How do people fall into irregular residency?
In Malta people fall into irregular residency for various reasons. This often happens when asylum claims are rejected, visa or work permits expire. Victims of human trafficking also find it difficult to regularize their stay. In cases where repatriation agreements with their home countries do not exist or return is not possible, some migrants remain in Malta continuing their lives in an undocumented and vulnerable state, working and forming families. Children born to undocumented migrants will remain undocumented.
Why can’t undocumented migrants apply for new documents?
Once a person becomes undocumted there are very lmited options available to apply for a new residence card. This is because Maltese authorities do not accept applications for residence permits from individuals in an irregular situation except in very specific circumstances.
In 2018 Malta introduced a residence pathway for long-staying undocumented migrants called the Specific Residence Authorisation (SRA). This regularisation procedure recognised the contribution long-staying migrants and their families make to society. The SRA, renewable every 2 years, allowed migrants to work and their children to go to school. It granted them a travel document, access to core benefits and medical care. Unfortunately the SRA programme was discontinued in December 2020 leaving many in limbo.
How do undocumented migrants work?
Migrants who arrived in Malta by boat and whose application for asylum have been rejected can work legally if they have been issued with a yellow book document by the Immigration Police. The yellow book allows them to apply for an employment licence and to pay taxes and social security contributions in the same was as Maltese. In spite of paying taxes and social security contributions they are not entitled to any welfare benefits. This licence must be renewed every 3 months making their employment precarious. Undocumented migrants without a yellow book work in the informal economy.
Despite contributing to the economy, all remain at risk of arrest and deportation at any time and irrespective of how long they have been in Malta.
What about undocumented children?
Undocumented children in Malta face numerous challenges that affect their well-being and development. Children born in Malta to undocumented parents, remain undocumented and contrary to popular belief they do not get Maltese citizenship. Many lack access to stable healthcare leaving them vulnerable to untreated illnesses. Access to education is difficult and even in cases where they are accepted into schools, the lack of documents limits their participation in extracurricular activities, training abroad and sitting for state exams. They often experience exclusion and marginalization which can lead to feelings of isolation from their peers. Finally, the constant fear of deportation or family separation impacts their mental health and sense of security.