Lawyer suggests €700 payment could ‘fast-track’ residency bid

An immigration lawyer suggested a €700 payment linked to a meeting with the government’s visa agency could “solve” an Iranian woman’s rejected bid for a work and residency permit.

In a voice note sent to the woman obtained by Times of Malta, lawyer Adrian Sciberras touted the payment as a potential “fast-track” solution, after Identità rejected the Iranian woman’s application for a work and residency permit on public policy grounds.

“I can make you appointment with ID Malta, with a friend of mine, lawyer. You go together and he will solve it for you. If you want, bring €700, with you. I get you appointment with Identity Malta, and err, bring them and pay on the day,” Sciberras told the woman in the voice note.

When the woman queried the payment, the lawyer said she could either pay the “fee” for the “fast-track” or wait for her appeal.

The woman declined to make the payment.

A recent ruling by the National Commission for the Promotion of Equality found that Identità had an unwritten “blanket policy” of rejecting first-time applications from “high-risk” countries like Iran.

Times of Malta has previously reported how thousands of foreign workers are waiting up to two years for a decision on work-permit appeals, which is the usual avenue for contesting permit rejections.

Contacted by Times of Malta about the proposed payment for the “fast-track” option, Sciberras said that, to address potential language barriers when dealing with non-native English speakers, his law firm uses clear, simple communication in verbal and written forms.

“When referring to a ‘fast-track’ option, we mean legitimate pathways that can expedite resolution compared to prolonged appeals, which may take years to be heard.

“Available legal remedies for third-country nationals vary widely; some cases can be resolved swiftly, referring to ‘fast-track’, through meetings with authorities and regularisation applications through immigration authorities, while others can be resolved through appeals at the Immigration Appeals Board (IAB), or secondary appeals through the Court of Appeal, which require much more time and can even take years,” Sciberras said.

The lawyer said that, at the time of the voice note, in 2022, his law firm was relatively small and occasionally collaborated with other professionals, sharing appointment slots and assisting one another where possible to ensure efficiency for both their practices and clients.

“Furthermore, payment for legal services was, and still is, requested in advance. This was necessary because, on numerous occasions, work might have been carried out without the firm subsequently receiving payment,” Sciberras said.

He said his firm operates with unwavering integrity and firmly rejects any insinuation of improper conduct.

A spokesperson for Identità told Times of Malta the agency’s fees are clearly communicated on its website.

“Applications for residence permits in 2022 were submitted through an online portal, which also allowed for fees to be paid online.

“In 2022, the only fast-track option offered by Identità was the Key Employee Initiative (KEI). While Identità cannot comment on fees charged by lawyers, its own fees were, and still are, clearly communicated,” the spokesperson said.