Maltese nationality law

Maltese nationality law is based primarily on the principles of Jus sanguinis, although prior to 1 August 1989 the principle of Jus soli was the basis of the law.

Dual citizenship was severely restricted under Maltese law from independence in 1964 until 10 February 2000, when all restrictions were removed. Dual citizenship had been allowed in limited circumstances from 1989, but only for persons born in Malta who met specific residence criteria.

Prior to 21 September 1964, Malta was a British Crown Colony and Maltese persons held British nationality.

Acquisition of Maltese citizenship at independence - 21 September 1964

Maltese citizenship was conferred at independence upon persons born in Malta who had a Maltese-born parent.

Persons acquiring Maltese citizenship at independence generally lost their British nationality (Citizenship of the UK and Colonies) unless they had ties by way of birth or descent (father or paternal grandfather) to the United Kingdom itself or a place which remained a colony.

Any Citizens of the United Kingdom and Colonies (CUKC) connected with Malta who did not acquire Maltese citizenship at independence retained their CUKC status. Based on their ties with the United Kingdom, they became either British citizens or British Overseas citizens on 1 January 1983. See History of British nationality law

Birth in Malta

Any person born in Malta between 21 September 1964 and 31 July 1989 automatically acquired Maltese citizenship at birth.

From 1 August 1989, a person born in Malta only acquires Maltese citizenship at birth if a parent of that person is

Maltese citizenship by descent

Persons born outside Malta between 21 September 1964 and 31 July 1989 only acquired Maltese citizenship by descent if the father was:

Women could not pass on their Maltese citizenship unless they were unmarried.

From 1 August 1989, children born outside Malta to Maltese born or naturalised mothers acquired Maltese citizenship by descent automatically.

From 10 February 2000, a person born outside Malta between 21 September 1964 and 31 July 1989 to a Maltese born or naturalised mother may apply for Maltese citizenship by registration.

Changes to the Maltese Citizenship Act in 2007

Amendments to the Maltese Citizenship Act, which came into force on 1 August 2007, make it possible for all persons of Maltese descent to obtain Maltese citizenship by registration.

A person has to provide only documentary evidence such as birth, marriage or death certificates to be registered as a citizen. This documentation must show direct descent from an ancestor born in Malta of a parent who was also born in Malta. If a person has parents, grandparents, etc. who are alive and are direct descendants themselves, they will also have to make applications (direct line cannot be broken).

The registration procedure may take place at any Maltese Embassy, High Commission, Consulate or at the Department for Citizenship and Expatriate Affairs in Malta. Residence in Malta is not required.

Naturalisation as a Maltese citizen

Prior to 1 August 1989, the residence period for naturalisation was 6 years (5 years for citizens of Commonwealth countries). This period is now 5 years.[1]

Since the reforms of 2000, persons acquiring Maltese citizenship by naturalisation or registration are no longer obliged to prove they had lost or renounced any other citizenship they held. The same reforms also allowed all former citizens of Malta (who were not automatically given Maltese citizenship back) to re-acquire Maltese citizenship by registration.[2]

Changes to the Maltese Citizenship Act in 2013

Act XV of 2013 introduced amendments to the main act and made it possible for the Minister responsible for citizenship to assign citizenship by naturalisation to a person and his or her dependants who are contributors to an "individual investor programme". The amendments also provided for the establishment of the post of a Regulator and a Monitoring Committee (composed of the Prime Minister, Leader of the Opposition and Minister responsible for citizenship) of the individual investor programme. The amendment also made it an offence to advertise, publish or disseminate the programme without authorisation.[3] The Government said that it would be accepting applications for a contribution of €650,000 (€20,000 for spouses and dependants) to the National Development and Social Fund. Other investment criteria include an investment into government authorised stocks or bonds for a minimum of €150,000 and a minimum term of five years. Applicants must also commit to either purchasing a residential property valued at more than €350,000 or the leasing of a property, with a minimum annual rent of €16,000 for a minimum period of five years.[4]

The scheme was roundly criticised, both in Malta and abroad[5] , as a sale of citizenship, made attractive due to Malta's being an EU member state and a member of the Schengen Area. In view of the criticism, Government said it would remove one of the most controversial changes brought by the new law, of ending publication of names of new citizens by naturalisation. The provision will be re-enacted and no applications would be accepted before the change is made.[6]

Maltese citizenship by marriage

The foreign spouse of a Maltese citizen may acquire Maltese citizenship by marriage after 5 years of marriage. Residence in Malta is not required.

Maltese citizenship by adoption

Prior to 1 January 1977 a person adopted by Maltese citizens normally acquired Maltese citizenship automatically. The facility to acquire Maltese citizenship by adoption was removed on that date.

From 1 August 1989, a child adopted by Maltese citizens acquires Maltese citizenship automatically provided the child is under the age of 10 at the date of the adoption.

Loss of Maltese citizenship

1964 to 1989

At independence in 1964, Malta adopted strict rules to prevent dual citizenship in adulthood.

Reforms of 1989

From 1 August 1989 Maltese law was amended to allow certain emigrants from Malta to retain Maltese citizenship. It was necessary to have been born in Malta and meet certain residential criteria in order to benefit from this provision.

Those covered by this limited exception were deemed never to have lost Maltese citizenship. In other words, the change in the law was retrospective to 21 September 1964.

The reform did not assist Maltese citizens by descent who had been born in other countries (such as Australia or Canada) who were still obliged to renounce their other citizenship by age 19 or face automatic loss of Maltese citizenship.

For example, between 1964 and 2000 (when the law changed), approximately 2000 Australian born young persons (aged 18) renounced their Australian citizenship in order to retain Maltese citizenship. They were generally unable to recover their Australian citizenship later on, or migrate back to Australia. Details

Reforms of 2000

From 10 February 2000, it was no longer possible to involuntarily lose Maltese citizenship based on possession or acquisition of a foreign citizenship.

A former Maltese citizen by birth or descent who had resided outside Malta for 6 years was automatically conferred with Maltese citizenship retrospective to the date on which they lost it. In other words, they are deemed never to have lost Maltese citizenship.

Other former Maltese citizens who do not meet the requirements for automatic re-acquisition of Maltese citizenship are entitled to obtain Maltese citizenship by registration. This includes former Maltese citizens who acquired that status by naturalisation or registration, and those who resided outside Malta for less than 6 years.

Dual citizenship

With effect from 10 February 2000, there are no restrictions under Maltese law on its citizens holding other citizenships. Dual citizens are entitled to hold a Maltese passport.

Citizenship of the European Union

Maltese citizens are also citizens of the European Union and thus enjoy rights of free movement and have the right to vote in elections for the European Parliament.

Commonwealth citizenship

As a Commonwealth member, citizens of Malta are Commonwealth citizens and hence have certain rights in the United Kingdom

See also

References

  1. ↑ http://www.justiceservices.gov.mt/DownloadDocument.aspx?app=lom&itemid=8702&l=1 Art. 10(1) of the Maltese Citizenship Act
  2. ↑ "ACQUISITION OF MALTESE CITIZENSHIP BY NATURALISATION" (PDF). DEPARTMENT FOR CITIZENSHIP & EXPATRIATE AFFAIRS. Retrieved 2012-06-17.
  3. ↑ http://www.parlament.mt/file.aspx?f=44746
  4. ↑ http://citizenshipprogrammemalta.com/
  5. ↑ http://www.euractiv.com/justice/maltese-eu-citizenship-sale-ange-news-532846
  6. ↑ http://www.maltatoday.com.mt/en/newsdetails/news/budget2014/No-golden-passports-before-secrecy-clause-is-removed-Louis-Grech-20131118

External links