If you need confirmation of your entitlement to freedom of movement and you hold a foreign passport, you are required to produce certain documents at our Department.
You will then complete an enquiry form and subsequently a letter will be issued.
This letter should be presented to the Principal Immigration Officer at the Police General Headquarters in Floriana, so that an endorsement will be entered in the relative passport indicating that the holder thereof is entitled to freedom of movement.
What documents are required?
A) If you are a returned emigrant we will require the following documents:
Your:
(1) Birth certificate;
(2) Father's birth certificate;
(3) Parents' marriage certificate;
(4) Certificate of acquisition of the citizenship you now hold (if applicable);
(5) Passport;
As well as:
(6) Documentary evidence relating to the period of emigration.
If you are a former female citizen of Malta who is/was married, a copy of your marriage certificate will also be required. Moreover, if your husband is/was a citizen of Malta, his birth certificate, his father's birth certificate and his parents' marriage certificate would be required.
B) If you are the non-Maltese spouse of a citizen of Malta we will require the following documents:
Your:
(a) Marriage certificate;
(b) Birth certificate showing names ofparents;
(c) Passport;
We will also require your husband's/wife’s:
(d) Birth certificate;
(e) Father's birth certificate;
(f) Parents' marriage certificate;
(g) Passport;
(h) Identity card.
If your spouse is a returned emigrant who holds a non-Maltese passport, we will also require:
(i) The certificate of acquisition of the citizenship he/she now holds, (if applicable), and
(j) Documentary evidence relating to his/her period of emigration.
C) In the case of the son/daughter of a returned emigrant, apart from the documents at (A) above, as applicable, the son's/daughter's birth certificate showing names of parents, and passport would also be required. Moreover, if the enquirer is the father, his marriage certificate would also be required.
• In the case of the son/daughter of a citizen of Malta, the following certificates would be required:
The son’s/daughter’s:
(i) Birth certificate showing names of parents;
(ii) Passport (if applicable);
(iii) Father's/mother's birth certificate;
(iv) Paternal/maternal grandfather's birth certificate;
(v) Paternal/maternal grandparents' marriage certificate;
(vi) Parents' marriage certificate;
(vii) Father's/mother's passport;
(viii) Father's/mother's identity card;
D) If you are the widow/widower of a citizen of Malta or of a returned emigrant, the documents at item (B) above are to be presented as the case requires, together with a copy of the death certificate of your late husband/wife.
Who enjoys exempt person status?
• A citizen of Malta;
• A returned emigrant who enjoys freedom of movement;
• The non-Maltese spouse of a citizen of Malta or of a returned emigrant;*
• The widow/widower of a citizen of Malta or of a returned emigrant.*
• The non-Maltese son or daughter / stepson or stepdaughter of a citizen of Malta or of a returned emigrant until he/she is twenty-one years old;
* In these cases the exempt person status is enjoyed as long as the spouse is still married to and living with that person or, in the case of a widow/widower, was still living with the Maltese spouse at the time of death.
How may I confirm that I am entitled to exempt person status and what documents are required?
If you are:
- a returned emigrant who enjoys freedom of movement;
- the non-Maltese spouse of a citizen of Malta or of a returned emigrant;
- The widow/widower of a citizen of Malta or of a returned emigrant;
- the non-Maltese son/daughter of a citizen of Malta or of a returned emigrant;
you may follow the same procedure as explained for confirmation of entitlement to freedom of movement.
Points to be noted:
• In certain cases, you may be asked to provide additional documents to the ones indicated;
• Where births, marriages or deaths occurred in Malta or Gozo, you must produce original certificates - photocopies are not accepted. You may obtain original certificates from the Public Registry at:
• 26, Old Treasury Street, Valletta CMR 02; or
• 1, Xaghra Road, Victoria VCT 102, Gozo;
• by using the postal service. Application forms may be collected from the Public Registry offices outlined above or from Police Stations, Post Offices or Local Councils. You will receive the relevant certificate within three working days;
• where births, marriages or deaths occurred outside Malta, you must produce original certificates. These will then be photocopied by our Department and returned to you.
Should you have any further enquiries on freedom of movement or exempt person status please address them to:
The Director,
Department for Citizenship and Expatriate Affairs,
3, Castille Place,
Valletta CMR 02.
You may also contact the Department on:
Tel No: 250868/ 250569-250573
Freephone: 0800772258
Fax No: 237513
E-mail: citizenship@magnet.mt
Acquisition of maltese citizenship by birth
When Malta became an Independent State on 21st September 1964, the Independence Constitution established who should become a citizen of Malta automatically by birth.
As a result of the changes in the citizenship laws which took place in the year 2000, as from 10th February 2000 the relative provisions are now to be found in the Maltese Citizenship Act (Cap 188).
Did I automatically become a citizen of Malta with Malta’s Independence?
You acquired Maltese citizenship with Malta’s Independence only if:
• you were born in Malta before 21st September 1964 and at least one of your parents was also born in Malta; or
• you were born abroad but your father and a paternal grandparent were both born in Malta; and
• until 20th September 1964 you were still a citizen of the United Kingdom and Colonies.
Did I acquire Maltese citizenship by birth after 21st September 1964?
You acquired Maltese citizenship at birth if:
• you were born in Malta on or after 21st September 1964 but before 1st August 1989 (unless your parents were both non-Maltese and your father enjoyed diplomatic immunity in which case this does not apply); or
• you were born abroad on or after 21st September 1964 but before 1st August 1989, and when you were born, your father was a citizen of Malta by Birth in Malta, by Registration or by Naturalization.
Who becomes a citizen of Malta by birth as from 1st August 1989?
As from 1st August 1989, a person becomes a Maltese citizen if:
• he/she was born in Malta and at the time of his/her birth, his/her father or mother was a citizen of Malta or a person who enjoys freedom of movement, that is, a person born in Malta (of a parent likewise born in Malta if born before 21st September 1964) who ceased to be a citizen of Malta after emigrating; or he/she was born abroad and at the time of his/her birth, his/her father or mother was a citizen of Malta by Birth in Malta, by Registration or by Naturalization.
If I retained the citizenship of another country on 21st September 1964, or if I acquired another citizenship at birth or during my minority, what steps should I have taken to safeguard my Maltese citizenship?
• If you were an adult on 21st September 1964 you should have renounced any other citizenship held by you by not later than 20th September 1967. If you failed to do so, you ceased to be a citizen of Malta as from the following day,
• If, on your eighteenth birthday, you were a citizen of Malta and a citizen of another country, you had to renounce your other citizenship before your nineteenth birthday in order to retain your Maltese citizenship. This applied to those persons who were nineteen (19) years of age before the 10th February 2000.
Has my position changed as a result of the year 2000 amendments to the citizenship laws?
In view of the amendments made to the Maltese Citizenship Act, which became effective as from 10 February 2000, if you:
• became a citizen of Malta on 21st September 1964 or at birth;
• subsequently lost Maltese citizenship; and
• have resided outside Malta for an aggregate period of at least six years, then you have re-acquired Maltese citizenship automatically.
If, however, you do not qualify for the automatic re-acquisition of Maltese citizenship (because you did not spend six years abroad or because you were previously a citizen of Malta by registration or by naturalization) then you may re-acquire such citizenship by applying to be registered as a citizen of Malta. (See leaflet on registration as a citizen of Malta).
If you were a minor on 10th February 2000, or if you were then over 18 years of age but had not yet attained your 19th birthday, and was in possession of another citizenship, apart from your Maltese citizenship, you may hold both citizenships indefinitely.
If I am a citizen of Malta and I am over eighteen years old, what happens if I acquire another citizenship?
Section 7 of the Maltese Citizenship Act (Cap. 188), which came into effect as from 10 February 2000 stipulates that it shall be lawful for any person to be a citizen of Malta, and at the same time a citizen of another country.
Therefore, an adult citizen of Malta who acquires another citizenship (or other citizenships) after the 10 February 2000 may retain such citizenship/s together with his/her Maltese citizenship.
Can a certificate of Maltese citizenship be issued for a citizen of Malta?
Such certificates may only be issued if they are absolutely required by the Government of a foreign country as definite proof of a person's national status.
A request from the authorities of the country concerned should be produced before a certificate of Maltese citizenship is issued. This certificate is issued against a fee of Lm5.
What documents are required?
Our Department will require the following documents:
Your:
(1) Birth certificate;
(2) Father's birth certificate;
(3) Parents' marriage certificate;
(4) Passport;
(5) Identity card.
If you are a married woman or a widow, you will also have to produce your marriage certificate. Furthermore, if your husband/late husband was born in Malta we will also require his birth certificate, his father's birth certificate and his parents' marriage certificate.
Points to be noted:
• In certain cases, you may be asked to provide additional documents to the ones indicated;
• Where births, marriages or deaths occurred in Malta or Gozo, you must produce original certificates - photocopies are not accepted.
You may obtain original certificates from the Public Registry at:
• 26, Old Treasury Street, Valletta CMR 02; or
• 1, Xaghra Road, Victoria VCT 102, Gozo;
• by using the postal services. Application forms may be collected from the Public Registry offices outlined above or from Police Stations, Post Offices or Local Councils. You will receive the relevant certificate within three working days;
• where births, marriages or deaths occurred outside Malta, you must produce original certificates. These will then be photocopied by our Department and returned to you.
Should you have any further enquiries on Citizenship matters please address them to:
The Director,
Department for Citizenship and Expatriate Affairs,
3, Castille Place,
Valletta CMR 02.
You may also contact the Department on:
Tel No: (356) 250868/ 250569-250573
Freephone: 0800772258
Fax No: (356) 237513
E-mail: citizenship@magnet.mt
Acquisition of maltese citizenship by registration
When Malta became an Independent State on the 21st September 1964, the Independence Constitution established who should become a citizen of Malta automatically by birth and who could be registered as a citizen of Malta under the provisions of the same Constitution.
As a result of the changes in the citizenship laws which took place in the year 2000, as from the 10th February 2000 the relative provisions are now to be found in the Maltese Citizenship Act (Cap. 188).
Through the above-mentioned changes certain restrictions have been introduced whereas new categories of persons eligible to apply for registration have been added.
Am I entitled to apply for registration as a citizen of Malta?
You are entitled to apply if you are:
• The spouse of a citizen of Malta and as long as you have been married for at least five years and, on the date of the application, you are still married to and living with that citizen of Malta;
• The spouse of a citizen of Malta from whom you are, on the date of the application, separated de jure or de facto, provided you have lived with that citizen of Malta for at least five years after the celebration of the marriage;
• The widow/widower of a person who was a citizen of Malta at the time of his/her death and you had then been married to that person for at least five years and was still living with him/her;
• The widow/widower of a person who was a citizen of Malta at the time of his/her death, and you would, but for the death of that person, have been married to that person for five years on the date of the application;
• The widow/widower of a person who was a citizen of Malta at the time of his/her death, and on the date of death of such citizen you had been de jure or de facto separated from such citizen but you had lived with such citizen of Malta for at least five years after the celebration of the marriage;
• The widow/widower of a person who, having passed away before Malta's Independence on 21st September 1964, would but for his/her death have automatically become a citizen of Malta due to the fact that he/she was born in Malta of a parent likewise born in Malta or was born abroad of a father and a paternal grandparent both born in Malta. Provided that you were still living with that person at the time of his/her death or if you had been de jure or de facto separated, you had lived with that person for at least after the celebration of the marriage;
• An emigrant who has returned to Malta to reside here permanently. If this is your case you can apply only if you were born here (of at least one parent also born in Malta if you were born prior to 21 September 1964) and you ceased to be a citizen of Malta after emigrating. (See leaflet on Dual/Multiple citizenship).
• The adult son/daughter of a female citizen of Malta (who acquired Maltese citizenship by birth in Malta, by registration or by naturalization, and who was a citizen of Malta at the time of your birth) and you were born outside Malta on or after 21st September 1964 and before the 1st August 1989.
• A former citizen of Malta and you do not qualify automatically for dual citizenship because you did not spend six years abroad or because you were formerly a citizen of Malta by Registration or by Naturalization. (See leaflet on Dual/Multiple citizenship).
What documents are required?
A) If you are the spouse of a citizen of Malta, our Department will require the following documents:
Your:
(1) Marriage certificate;
(2) Birth certificate showing names of parents;
(3) Passport;
(4) Identity card (if available);
As well as:
(5) Three passport-size photographs of yourself.
In addition we will require your husband's/wife's:
(6) Birth certificate;
(7) Father's birth certificate;
(8) Parents' marriage certificate;
(9) Passport;
(10) Identity card.
If you are/have been separated you must also present:
(11) A copy of the deed of separation.
B) If you are the widow/widower of a citizen of Malta you will have to produce documents 1 to 8, together with your late husband's/wife's death certificate and document No 11, if applicable. If you still have your late husband's/wife's last Maltese passport you must also present it.
C) If you are a returned emigrant or a former citizen of Malta we will require documents 3, 5, 6, 7, and 8 in your respect. You must also present a copy of your certificate of acquisition of the citizenship you now hold, as well as documentary evidence relating to the period of emigration/residence abroad if you are a returned emigrant. If you are a married woman or a widow you should also present your marriage certificate. Moreover, if your husband/late husband was born in Malta or is/was a former citizen of Malta, you should also present his birth certificate, his father's birth certificate and his parents' marriage certificate.
D) If you are the son/daughter of a female citizen of Malta we will require documents 2, 3 and 5 in your respect and documents 1, 6, 7, 8 and 9 in respect of your mother. Documentary evidence may also be required to show that your mother was a citizen of Malta at the time of your birth.
N.B.
• Where births, marriages or deaths occurred in Malta or Gozo, you must produce original certificates - photocopies are not accepted.
You may obtain original certificates from the Public Registry at:
• 26, Old Treasury Street, Valletta CMR 02; or
• 1, Xaghra Road, Victoria VCT 102, Gozo.
• By using the postal service. Application forms may be collected from the Public Registry offices outlined above or from Police Stations, Post Offices or Local Councils. You will receive the relevant certificate within three working days;
• Where births, marriages or deaths occurred outside Malta, you must produce original certificates. These will then be photocopied by our Department and returned to you.
How do I apply for registration as a citizen of Malta?
• Present the required documents to an official at the Department for Citizenship and Expatriate Affairs. After having ascertained that all the necessary documents have been produced and that these are in order, the official will complete an application form which you will verify and sign. If you are the foreign spouse of a citizen of Malta, you and your Maltese spouse are required to make a joint declaration (affidavit) to confirm that you have lived together for a period of at least five years from the date of your marriage and, that you are still living together.
• The said official or another official from our Department will then administer the necessary oaths, regarding the application itself as well as an Oath of Allegiance to the Republic of Malta. Apart from the fee for the said oaths you will then have to pay the prescribed application fee of Lm15.
N.B.
In the case of applications that are made through one of Malta’s Missions abroad, the administering of the necessary oaths has to be made either before an Official from the Mission concerned who is duly authorised to act as Commissioner for Oaths or before a person who, according to the law of the country concerned, is empowered to administer oaths.
• Your application will then be processed by our Department. You will be asked to call at the Police Immigration Office in Floriana for an interview (unless you are a returned emigrant, a former citizen of Malta or the son/daughter of a female citizen of Malta). If everything is found to be in order, you will be registered as a citizen of Malta. If you are either the spouse or the widow/widower of a citizen of Malta, citizenship will be granted only if it is not contrary to the public interest. You will be considered to be a citizen of Malta as from the date on your registration certificate. You will then be asked to call at our Department to collect this certificate against a fee of Lm30.
• If you were born abroad the official from our Department who is dealing with your case will prepare a letter for the Director of Public Registry so that your birth certificate may be registered at his office. You must present this letter at the Public Registry together with your original birth certificate, and an official translation in English or Maltese, or a photocopy thereof duly certified as a true copy by a Notary Public, an Advocate or a Legal Procurator.
Points to be noted:
• In certain cases, you may be asked to provide additional documents to the ones indicated;
• A list is published in the Government Gazette, not later than fifteen days after the end of every quarter, containing the name and surname of all the persons who were registered as citizens of Malta during the immediately preceding quarter.
• As Malta accepts dual or multiple citizenship you may hold your Maltese citizenship together with your current citizenship or citizenships.
However, you are advised to verify whether under the citizenship laws of your country you might lose your current citizenship if you were to acquire another citizenship by a voluntary act. (Vide leaflet on dual/multiple citizenship).
N.B.
If you do not reside in Malta you are advised to contact one of Malta’s Embassies or High Commissions to be informed of the procedures you should follow in order to submit an application for registration.
Should you have any further enquiries on Citizenship matters please address them to:
The Director,
Department for Citizenship and
Expatriate Affairs,
3, Castille Place,
Valletta CMR 02.
You may also contact the Department on:
Tel No: (356) 21250868/ 21250569-21250573
Freephone: 0800772258
Fax No: (356) 21237513
E-mail: citizenship@magnet.mt
Acquisition of maltese citizenship by naturalisation
When Malta became an Independent State on the 21st September 1964, the Independence Constitution established who should become a citizen of Malta automatically by birth and who could be registered as a citizen of Malta.
Acquisition of Maltese citizenship by registration means that a person has the right to acquire citizenship upon application under the provisions of the said Constitution. [As a result of the changes in the citizenship laws which took place in the year 2000, as from the 10th February 2000 the relative provisions are now to be found in the Maltese Citizenship Act (Cap. 188). New categories of persons eligible to apply for registration have also been added.]
The Maltese Citizenship Act, which complemented the provisions made under the Constitution, established who could become a citizen of Malta by naturalisation, that is, who having satisfied the relative conditions of the said Act, could be granted Maltese citizenship. In accordance with the Cabinet Citizenship Guidelines, an application is normally considered favourably if:
• You are a former citizen of Malta;
• You were born abroad to Maltese parents who are returned migrants;
• You were born in Malta, you hold a foreign citizenship, and at least one of your parents is a citizen of Malta;
• You were born to parents who were non-Maltese but one of whom or both subsequently acquired Maltese citizenship;
• You were born abroad and you are of Maltese descent.
If your application does not fall within one of the categories listed above, your request will only be given favourable consideration if there are humanitarian aspects involved.
Do I qualify to apply for naturalisation as a citizen of Malta?
Provided that you are over eighteen years of age, you may submit an application if:
Category A:
You are a foreigner or stateless person and:
- you have resided in Malta throughout the twelve months immediately preceding the date of application; and − you have resided in Malta for periods amounting in the aggregate to a minimum of four years, during the six years preceding the above period of twelve months; and
- you are of good character; and
- you have an adequate knowledge of the Maltese or the English language; and
- you would be a suitable citizen of Malta.
Prior to submitting an application you have to present the following document to our Department:
1) A residence certificate issued by the Principal Immigration Officer, Police General Headquarters, Floriana. For this purpose you must provide this Officer with your current passport, as well as all expired passports in your possession which cover the periods of your residence in Malta.
Once our Department assesses the above certificate and confirms that you are eligible to proceed with your application, additional documents will have to be produced.
• If you are a former male citizen of Malta or a former female citizen of Malta who has never been married, we will require:
Your:
2) Birth certificate;
3) Father's birth certificate;
4) Parents' marriage certificate;
5) Passport;
6) Identity card;
As well as:
7) A police conduct certificate;
8) Three passport-size photographs of yourself.
• If you are a former female citizen of Malta who is, or has been, married to a former citizen of Malta, we will require certificates 1 to 8, as well as the following documents:
9) Your marriage certificate;
Your husband's:
10) Birth certificate;
11) Father's birth certificate;
12) Parents' marriage certificate;
13) Passport (or last passport held, if available);
14) Identity card (if applicable).
• If you are a foreigner with no Maltese parentage, we will require documents 1 to 8 above, with the exception of certificates 3 and 4. If you are a married/divorced female or a widow, we will also require your marriage certificate.
At the time of application you are enjoined to submit a letter explaining why you wish to become a citizen of Malta. This letter should contain information on your period/s of stay in Malta, details about employment in Malta if applicable, participation in social activities and any other information which you consider appropriate.
Category B:
You were born abroad of a father likewise born abroad but your paternal grandfather and great-grandparent were both born in Malta. In this case, the following documents must accompany your application:
Your:
1) Birth certificate showing names of parents;
2) Father's birth certificate showing names of parents;
3) Paternal grandfather's birth certificate;
4) Paternal great-grandfather's birthcertificate;
5) Parents' marriage certificate;
6) Paternal grandparents' marriage certificate;
7) Passport;
8) Marriage certificate (if you are a married woman or a widow);
As well as:
9) Three passport-size photographs of yourself.
Applications under this category are normally accepted only if applicant is residing in Malta.
Category C:
You were born in Malta prior to 21 September 1964 of a parent likewise born in Malta, or you were born in Malta after that date, and you ceased to be a citizen of Malta whilst being emigrated.
As from 10 February 2000 persons under this Category may be registered as citizens of Malta. See Leaflet on ‘Acquisition of Maltese Citizenship by Registration.’
Category D:
You can prove descent from a person born in Malta, you are a citizen of a country other than the country in which you reside and your access to the country of which you are a citizen is restricted.
In this case, you must produce all birth and marriage certificates as necessary, starting from your birth and ascending to the ancestor who was born in Malta. If the link is broken or cannot be proved by documentary evidence or, if the birth certificate of the ancestor born in Malta cannot be traced, then you cannot submit an application for citizenship.
Category E:
You are a citizen of Malta and, according to law, you have authority over your minor child, or
You are a person who, according to law, has authority over the minor child of a citizen of Malta.
If so, you may apply for the said minor to be naturalised as a citizen of Malta. In this case, firstly, you would have to produce an authorisation, as necessary, prior to submitting an application. Subsequently:
(i) If you, as the applicant, are:
• a male citizen of Malta;
• a female citizen of Malta whose husband holds a foreign citizenship;
• a widowed citizen of Malta whose late husband held a foreign citizenship;
we will require the following documents:
Your:
1) Birth certificate;
2) Father's birth certificate;
3) Parents' marriage certificate;
4) Passport;
5) Identity card;
6) Marriage certificate.
(ii) If you, as the applicant, are a citizen of Malta and the widow of a citizen of Malta, we will require the following documents:
Your:
1) Birth certificate;
2) Father's birth certificate;
3) Parents' marriage certificate;
4) Passport;
5) Identity card.
Your late husband's:
6) Birth certificate;
7) Father's birth certificate;
8) Parents' marriage certificate;
9) Passport (or last passport held, ifavailable);
10) Identity card (if applicable);
As well as:
11) Your marriage certificate.
(iii) If you, as the applicant, are a tutor/tutoress appointed by the Court, the certificates required would depend on whether you are a citizen of Malta or not.
In all cases, (i) to (iii), you will also be required to present the minor child's birth certificate showing the names of the parents, together with three passport-size photographs of the child.
N.B.
Where births, marriages or deaths occurred in Malta or Gozo, you must produce original certificates - photocopies are not accepted.
You may obtain original certificates from the Public Registry at:
• 26, Old Treasury Street, Valletta CMR 02; or
• 1, Xaghra Road, Victoria VCT 102, Gozo;
• by using the postal service. Application forms may be collected from the Public Registry offices outlined above or from Police Stations, Post Offices or Local Councils. You will receive the relevant certificate within three working days;
• where births, marriages or deaths occurred outside Malta, you must produce original certificates. These will then be photocopied by our Department and returned to you.
How do I apply for naturalisation as a citizen of Malta?
• Present the required documents to an official at the Department for Citizenship and Expatriate Affairs. After having ascertained that all the necessary documents have been produced and that these are in order, this official will complete an application form which you will verify and sign.
• If you fall within categories A, B, or C, you must then find two sponsors (not relatives) who will be required to complete the relevant part of the application form. Their signature would then have to be witnessed and countersigned by another person.
You may choose any of the following persons as your first sponsor:
• A member of Parliament;
• A judge;
• A magistrate;
• An advocate;
• A notary public;
• A legal procurator;
• A medical practitioner;
• A public officer not below the rank of principal;
• A police officer not below the rank of inspector;
• An officer of the Armed Forces of Malta not below the rank of captain;
• A parish priest.
Your second sponsor may be any citizen of Malta provided that he/she did not
acquire Maltese citizenship by naturalisation and that he/she is over eighteen years of age.
• If you fall within category D, your first and second sponsors may be any citizen of Malta as long as the person concerned did not acquire Maltese citizenship by naturalisation.
• If you fall within category E, sponsors will be required as in category A if the minor child is over fourteen years of age.
• You will then be required to present the completed application form to an official at our Department who will administer the necessary oaths as well as the Oath of Allegiance to the Republic of Malta (NB the latter oath is not required in the case of category E). Apart from the fee for the said oaths you will then have to pay the prescribed application fee of Lm15.
N.B.
In the case of applications that are made through one of Malta’s Missions abroad, the administering of the necessary oaths has to be made either before an Official from the Mission concerned who is duly authorised to act as Commissioner for Oaths or before a person who, according to the law of the country concerned, is empowered to administer oaths.
• Your application will be processed by our Department within a few weeks.
All applicants (except minor children and persons in category D who reside abroad) will be asked to call at the Police Immigration Office in Floriana for an interview. If everything is found to be in order, you will be naturalised as a citizen of Malta. You will be considered to be a citizen of Malta as from the date on your certificate of naturalisation. You will then be asked to call at our Department to collect this certificate against a fee of Lm30.
• If you were born abroad, the official from our Department who is dealing with your case, will prepare a letter for the Director of Public Registry so that your birth certificate may be registered at his office. You must present this letter at the Public Registry together with your original birth certificate, and an official translation in English or Maltese, or a photocopy thereof duly certified as a true copy by a Notary Public, an Advocate or a Legal Procurator.
Points to be noted:
• In certain cases, you may be asked to provide additional documents to the ones indicated.
• A list is published in the Government Gazette, not later than fifteen days after the end of every quarter, containing the name and surname of all the persons who were naturalised as citizens of Malta during the immediately preceding quarter.
• As Malta accepts dual or multiple citizenship you may hold your Maltese citizenship together with your current citizenship or citizenships.
However, you are advised to verify whether under the citizenship laws of your country you might lose your current citizenship if you were to acquire another citizenship by a voluntary act. (Vide leaflet on dual/multiple citizenship).
Should you have any further enquiries on Citizenship matters please address them to:
The Director
Department for Citizenship and Expatriate Affairs,
3, Castille Place,
Valletta CMR 02.
You may also contact the Department on:
Tel No: (356) 21250868/ 21250569-21250573
Freephone: 0800772258
Fax No: (356) 21237513
E-mail: citizenship@magnet.mt
Dual/multiple citizenship
When Malta became an Independent State on 21st September 1964 it was decided that Maltese citizens should possess only the citizenship of Malta. Those adults who then possessed another citizenship had to renounce it before the 21 September 1967. Citizens of Malta who acquired another citizenship by a voluntary act lost their Maltese citizenship automatically. Minors who possessed another or other citizenships had to decide which citizenship to retain between their 18th and 19th birthday and those who failed to renounce their foreign citizenship, ceased to be citizens of Malta automatically on their 19th birthday.
Dual citizenship was introduced in Maltese citizenship legislation with effect from 1st August 1989. This, however, was limited to Maltese emigrants and the persons concerned had to be born in Malta, emigrated to another country of which they became citizens and spent at least six years emigrated in that country.
Important changes to the said legislation were, however, made in the year 2000.
Dual or multiple citizenship has now become the rule rather than the exception it was under the 1989 legislation. A citizen of Malta, as from 10th February 2000, can acquire and retain a foreign citizenship (or citizenships) together with his/her Maltese citizenship.
Am I entitled to hold dual citizenship?
You qualify to hold dual citizenship:
A) If you are an adult citizen of Malta and you acquired a foreign citizenship on or after 10th February 2000.
You may retain such citizenship together with your Maltese citizenship.
B) If you were a minor on 10th February 2000 or if you had then attained your 18th birthday but had not yet reached your 19th birthday and you possessed another citizenship apart from your Maltese citizenship. You may now hold both citizenships indefinitely.
C) If you became a citizen of Malta on 21st September 1964 or (subsequent to that date) at birth, you lost such citizenship, and you have resided abroad for an aggregate period of at least six years, then in accordance with the year 2000 changes to the citizenship legislation, you are deemed never to have ceased to be a citizen of Malta, that is, you qualify to hold dual citizenship automatically.
If I do not qualify automatically for dual citizenship can I re-acquire Maltese Citizenship and retain it together with any foreign citizenship?
Yes you can be registered as a citizen of Malta if you became a citizen of Malta on 21st September 1964 or at birth but subsequently lost such citizenship and you do not qualify for the automatic reacquisition of Maltese citizenship as you did not spend six years abroad or because you were previously a citizen of Malta by Registration or by Naturalization (vide leaflet on ‘Acquisition of Maltese citizenship by Registration’).
If I were to acquire Maltese citizenship by registration or by naturalization, can I retain it together with my foreign citizenship?
If you are entitled to be registered as a citizen of Malta or if you were to be granted a certificate of naturalization as a citizen of Malta (vide leaflet on ‘Acquisition of Maltese citizenship by Naturalization) then, in view of the year 2000 amendments to the Maltese citizenship legislation, it is possible for you to hold your newly-acquired Maltese citizenship together with your foreign citizenship.
If I already qualified for dual citizenship under the 1989 legislation do I need to take any action under the year 2000 legislation?
If the Department for Citizenship and Expatriate Affairs has informed you in writing that you qualified to hold dual citizenship under the provisions that were in force from 1st August 1989 to 9th February 2000, you do not need to take any further action.
What documents are required in order that the department may confirm in writing that I qualify automatically to hold dual citizenship?
If you qualify automatically to hold dual citizenship (item (C) above) you are required to produce the following documents:
Your:
(1) Birth certificate;
(2) Father's birth certificate;
(3) Parents' marriage certificate;
(4) A certificate showing the date of acquisition of the citizenship youpresently hold, if such citizenship was acquired by Registration or by Naturalization;
(5) Your present passport: Maltese and/or non-Maltese;
(6) Documentary evidence to prove that you have resided abroad for an aggregate period of at least six years. This should primarily consist of your passport or passports for the period/s concerned.
N.B.
If you are a married woman or a widow, a copy of your marriage certificate will be required. If your husband is/was born in Malta or a former Maltese citizen, his birth certificate, his father's birth certificate and his parents' marriage certificate should also be produced.
If your previous passports have been lost or destroyed, you may produce one of the following documents instead:
• A residence certificate normally issued by the Immigration Authorities of the country concerned. Such certificates have been issued in Australia, Canada and Italy;
• A statement showing your annual earnings over a number of years. For example, the Canada Pension Plan Contributor statement or the Social Security Earnings statement issued by the United States authorities;
• A letter from your previous or present employer/s giving your employment history. This should include the date of engagement and the date of termination of employment;
• A confirmation of your annual contributions paid under the National Insurance Scheme of your adoptive country. For example, the statements issued in the United Kingdom by Contributions Agencies;
• Confirmation from the authorities of any school or college that you have attended. This applies mainly if you acquired the citizenship of your adoptive country during your minority;
• Any other document acceptable to our Department which proves that you have resided outside Malta for an aggregate period of at least six years.
Points to be noted:
• In certain cases, you may be asked to provide additional documents to the ones indicated;
• Where births, marriages or deaths occurred in Malta or Gozo, you must produce original certificates - photocopies are not accepted.
You may obtain original certificates from the Public Registry at:
• 26, Old Treasury Street, Valletta CMR 02; or
• 1, Xaghra Road, Victoria VCT 102, Gozo;
• By using the postal service. Application forms may be collected from the Public Registry offices outlined above or from Police Stations, Post Offices or Local Councils. You will receive the relevant certificate within three working days;
• Where births, marriages or deaths occurred outside Malta, you must produce original certificates. These will then be photocopied by our Department and returned to you.
Your attention is finally drawn to the fact that it would be advisable for you to verify whether under the citizenship laws of your country you might lose your current citizenship if you were to acquire another citizenship by a voluntary act.
Should you have any further enquiries on dual Citizenship matters please address them to:
The Director,
Department for Citizenship and Expatriate Affairs,
3, Castille Place,
Valletta CMR 02.
You may also contact the Department on:
Tel No: (356) 250868/ 250569-250573
Freephone: 0800772258
Fax No: (356) 237513
E-mail: citizenship@magnet.mt
Dual citizenship
The rule, not the exception
The year 2000 amendments to the citizenship and immigration laws
Question & answer
The constitution - chapter iii
The maltese citizenship act (cap. 188)
The immigration act (cap. 217)
Introduction
This booklet contains explanations of the amendments that have been effected to the Citizenship & Immigration laws through Acts Nos III and IV of 2000, which became effective was from the 0th February 2000.
If one could call the dual citizenship amendments of 1989 a milestone in so far as Malta's citizenship Laws are concerned, the amendments that have been effected in the year 2000 merit ven more the 'milestone' title. Indeed dual (or multiple) citizenship has now become the rule ather than the exception it was under the 1989 amendments. Moreover, the conditions which ne had to satisfy under the latter amendments are now a thing of the past and no longer effective.
As one shall see from the explanations given in this booklet the 'dual citizenship' legislation has been much simplified and rendered easy to understand and to follow.
Nevertheless if more information or clarifications are needed on the matter, one should
address enquiries to Malta's Embassy or High Commission in the country concerned or:
The Director
Department for Citizenship & Expatriate Affairs
3 Castille Place
Valletta CMR 02
(Malta)
The Department may be reached also by:
e-mail: citizenship@magnet.mt
telefax: (356) 237513
telephone: (356) 250868, 250569-73
freephone: 0800772258
Amendments to chapter iii of the constitution
Chapter III of the Constitution has been amended by Act No III of 2000 so that only the general principles concerning Maltese citizenship are to appear therein. All detailed provision on itizenship has been incorporated in the Maltese Citizenship Act (Cap. 188).
Section 22 of the Constitution has been substituted by the following:
(1) The acquisition, possession, renunciation and loss of Maltese citizenship shall be regulated by law.
(2) Dual or multiple citizenship is permitted in accordance with any law for the time being in force in Malta.
Sections 23, 24, 25, 26, 27, 30 and 31 of the Constitution have been repealed.
Sections 28 and 29 have been renumbered as sections 23 and 24 respectively.
Amendments to the maltese citizenship act (cap. 188)
Dual or multiple citizenship
Act No IV of 2000 has introduced amendments to the Maltese Citizenship Act to give effect to new provisions governing dual or multiple citizenship:
Section 7 introduces the new cardinal principle:
It shall be lawful for any person to be a citizen of Malta, and at the same time a citizen of another country.
This means that if a citizen of Malta acquires another citizenship on or after the 10th February 2000 - the date when all provisions of the new law came into effect - that person may hold such other citizenship together with his Maltese citizenship.
It means also that a minor who is a citizen of Malta and possesses also a foreign citizenship as well as persons who on the 10th February 2000 were over 18 years of age but had not yet attained their 19th birthday and were in possession of two citizenships, for example Maltese which they acquired by descent and another citizenship which they acquired by birth in a foreign country, may hold both citizenships indefinitely.
Section 9 of the Act stipulates that a person, born in Malta or abroad, who was a citizen of Malta by birth or by descent and who resided outside Malta for an aggregate period of at least six years and who acquired or retained the citizenship of another country shall be deemed not to have ever ceased to be a citizen of Malta.
This means, for example, that the children born abroad to Maltese emigrants, who on the 10th February 2000 were over 19 years of age and who have always resided in their country of birth, shall automatically re-acquire Maltese citizenship (that is, they do not have to do anything for such re-acquisition but shall re-acquire Maltese citizenship by an involuntary act).
N.B:
Persons wishing to make an enquiry as to whether they qualify to hold dual citizenship may make use of the enquiry forms to be found at Appendices 1 and 2 of this booklet.
Section 8 of the Act stipulates that a person who, before the 10th February 2000, had ceased to be a citizen of Malta because he lost Maltese citizenship on acquiring a foreign citizenship or because he failed to renounce a foreign citizenship within the time prescribed by law, shall be entitled to re-acquire Maltese citizenship by registration.
This means, in effect, that those former citizens of Malta who had acquired Maltese citizenship on the 21st September 1964 or at birth but who have not resided abroad for at least six years and those persons who were citizens of Malta by registration or naturalisation and lost their citizenship, are now entitled to be registered as citizens of Malta. That is, these persons, without having to satisfy any residence conditions and irrespective of where they are now residing (whether in Malta or abroad), may submit an application to be registered as citizens of Malta.
It should be noted, however, that in the case of former citizens of Malta who had acquired Maltese citizenship by registration or naturalisation, Maltese citizenship shall be granted only if the Minister responsible for citizenship matters is satisfied that such grant is not contrary to the public interest.
In all those cases where a foreign national has to apply to acquire Maltese citizenship (that is, where citizenship is being acquired by a voluntary act) it is important that the person concerned verifies whether under his/her country's citizenship legislation, he/she might lose the citizenship of that country because of the said voluntary act.
The set of questions and answers that follow illustrate the above-mentioned principles:
Question No 1. I was born in Malta in 1935 of parents both born in Malta and in 1956 I married a British citizen. In 1957 I accompanied my husband to the United Kingdom as he had finished his term of duty in Malta and I have lived in England ever since. I was previously informed that, as I ceased to be a citizen of Malta on 21st September 1967 for not having renounced my British citizenship by that date, which citizenship I had retained through my marriage to a British citizen prior to 21st September 1964, I qualify for 'freedom of movement', but I do not have a claim to hold dual citizenship. Has my position changed as a result of the recent amendments to the citizenship laws?
Answer. Definitely. According to the new section 9 of the Maltese Citizenship Act, a person who became a citizen of Malta at birth or on 21st September 1964 (as in your case) and who has resided abroad for more than six (6) years is now deemed never to have ceased to be a citizen of Malta. You have, therefore, re-acquired Maltese citizenship automatically and you may now hold both citizenships.
Question No 2. Now that you have clarified my position and my new status I have another question related to my case. Whilst living in England I had two children, a boy who was born in 1960 and a girl who was born in 1963. Do my children have a claim to dual citizenship?
Answer. Your children were born abroad of a father likewise born abroad.
Therefore, according to the provisions of Maltese law, they never had a claim to Maltese citizenship. Obviously, therefore, they do not qualify to hold dual citizenship.
You may wish to note, however, that if any of your children has been residing in Malta for five (5) years, then he or she may apply to be naturalised as a citizen of Malta. In that case he or she will be able to hold Maltese citizenship together with his or her British citizenship.
Question No 3. I am a British citizen who was born in Malta in 1940 of parents both born in the United Kingdom - my father was in the British Services and was posted in Malta at that time. I understand that Malta has recently amended its citizenship laws. Do I qualify to hold dual citizenship?
Answer. When Malta became an independent State on 21st September 1964, a person born in Malta prior to that date could have become a citizen of Malta only if at least one of his parents was born in Malta. As neither of your parents was born in Malta you have no claim to Maltese citizenship and, therefore, you do not qualify to hold dual citizenship.
Question No 4. I was born in Malta in 1946 of parents both born in Malta. In 1967 I married a British citizen and soon after I applied for and was granted British citizenship, whilst still residing in Malta. In 1968 I accompanied my husband to the United Kingdom, travelling on a British passport, and I have lived in England ever since. When I previously made enquiries with the Citizenship Department in Malta I was told that since I lost Maltese citizenship in Malta, I do not qualify to hold dual citizenship. Has my position changed?
Answer. The recent amendments effected to the Maltese citizenship laws have changed altogether the concept of citizenship. In view of the new section 9 of the Maltese Citizenship Act, since on 21st September 1964 you became a citizen of Malta, you have acquired the citizenship of another country and you have resided abroad for more than six (6) years, then you are deemed not to have ever ceased to be a citizen of Malta. Hence you now qualify for dual citizenship.
Question No 5. I was born in Malta in 1950 of parents both born in Malta. In 1972 I married an Italian citizen thus automatically acquiring Italian citizenship in view of the provisions of Italian law at that time. The marriage took place in Malta and soon afterwards I went to live with my husband in Italy. I used to visit Malta often to see my family - more than three (3) months in a year. Because of this I did not qualify under the 1989 dual citizenship legislation. Is this still my position under the recent citizenship amendments?
Answer. No, this is no longer the case. Once you became a citizen of Malta on 21st September 1964 and have lived abroad for more than six years, acquiring or retaining a foreign citizenship in the process, you now qualify automatically to hold Maltese citizenship once again, together with your Italian citizenship.
Question No 6. Having clarified my position I wish to establish also whether my children have a claim to dual citizenship. My three children were all born in Italy and hold Italian citizenship. My son was born in 1974, my daughter in 1981 and my younger son in 1990.
Answer. Since it has now been established that you never ceased to be a citizen of Malta, this means that when your younger son was born in 1990 you were a Maltese citizen. In view of the 1989 amendments to the citizenship legislation, your son is deemed to have acquired Maltese citizenship at birth; hence he is now a dual citizen and may retain both citizenships indefinitely.
As regards your other two children, these were born abroad of a father likewise born abroad; therefore they never had a claim to Maltese citizenship. However, since they were born abroad during the period 21st September 1964 and 31st July 1989 to a mother who is (now) deemed to be a citizen of Malta, if they so wish , your children may be registered as citizens of Malta in terms of the new proviso to section 5(2)(a) of the Maltese Citizenship Act. They may submit an application for this purpose from abroad and without having to satisfy any residence (in Malta) requirements. They may then hold Maltese citizenship together with their Italian citizenship.
Question No 7. I was born in Malta in 1930 of a father likewise born in Malta and a paternal grandfather born in England. I emigrated to Australia in 1950 and in 1970 I acquired Australian citizenship. I returned to settle in Malta in 1982. Under the 1989 dual
citizenship legislation I did not qualify to hold dual citizenship because when I acquired Australian citizenship I was no longer a citizen of Malta but a British citizen. What is my position under the recent legislation?
Answer. Your situation has changed under the new legislation. In your case, you became a citizen of Malta on 21st September 1964. You "lost" Maltese citizenship on 21st September 1967 and retained British citizenship. You acquired also Australian citizenship in 1970. You have been emigrated for 32 years. As you, therefore, fulfil all the prerequisites of the new
Section 9 of the Maltese Citizenship Act, you have now reacquired Maltese citizenship automatically. In your case you may now hold Multiple citizenship, that is, Maltese, British and Australian citizenships.
Question No 8. I am a female citizen of Malta (having been born in Malta in 1965) and have been working in Belgium for the last ten years. During this period I married a French citizen and for reasons of employment and easy travel in Europe I acquired also French citizenship. When I made enquiries about dual citizenship in 1996 the Citizenship Department in Malta informed me that since I became a citizen of a country in which I have never resided I did not qualify to hold dual citizenship. Have the recent citizenship amendments changed my situation?
Answer. Yes. It is no longer a requirement for dual citizenship qualification that a person acquires the citizenship of the country in which that person has resided or resides. Hence you can live in Belgium and acquire French citizenship as in your case. As you now fulfil the requirements of section 9 of the Maltese Citizenship Act you have reacquired Maltese citizenship automatically and you may retain it together with your French citizenship.
Question No 9. I was born in Malta in 1960 of parents both born in Malta and in 1980 I emigrated to Australia where I stayed for seven (7) years. During this period I acquired Australian citizenship and I visited Malta twice, once for a period of 3 months and another time for a period of four months. Do I qualify to hold dual citizenship?
Answer. Yes you do. Since you have spent more than six years abroad and you have acquired another citizenship during this period, you satisfy the requirements of section 9 of the Maltese Citizenship Act and you are, therefore, deemed not to have ever ceased to be a citizen of Malta.
Question No 10. I was born in Malta in 1956 of parents both born in Malta and when I was 19 years old I emigrated to Canada where I stayed for 4 years. I then returned to Malta and after a stay of 3 years, I went back to Canada where I stayed for another 4 years, during which period I acquired Canadian citizenship. The Citizenship Department informed me that I did not qualify for dual citizenship under the 1989 dual citizenship legislation because there was a break in my emigration. What is my position as a result of the recent amendments?
Answer. Your position is now different. You now fulfil the prerequisites of section 9 of the Maltese Citizenship Act. The said section stipulates, in so far as residence abroad is concerned, that a person should have resided abroad, in the aggregate (that is, when all periods of emigration are added together) for, at least, six years. As in your case you have resided in Canada for a total of 8 years, you now qualify automatically to hold Maltese citizenship once again, together with your Canadian citizenship.
Question No 11. I was born in Malta in 1950 of parents both born in Malta. I married a citizen of Malta in 1974 and we emigrated to Australia the following year. We have three children who were all born in Australia; a daughter who is 22 years old and two sons who are aged 18 and 10. I acquired Australian citizenship in 1998 and in 1999 I returned to Malta together with my family. Do my children qualify for dual citizenship?
Answer. Following the enactment of the recent citizenship amendments your sons, who are citizens of Malta and citizens of Australia, may retain both citizenships in terms of Section 7 of the Maltese Citizenship Act which stipulates that it shall be lawful for any person to be a citizen of Malta, and at the same time a citizen of another country.
In the case of your daughter, who became a citizen of Malta at birth and who has resided in Australia for more than six years, she has re-acquired Maltese citizenship automatically in terms of section 9 of the Maltese Citizenship Act.
Question No 12. I am a citizen of Malta who was emigrated in Australia for five years during the period 1975-1980. In Australia my wife gave birth to our only son in 1976. Does he now qualify for dual citizenship?
Answer. As your son did not reside abroad for a period of six years he does not qualify automatically to re-acquire Maltese citizenship and therefore cannot hold two citizenships.
Your son is entitled to apply to re-acquire Maltese citizenship by registration under section 8 of the Maltese Citizenship Act. However, it would seem that he is hampered from doing so under Australian citizenship legislation which stipulates that:
an adult who becomes a citizen of another country by doing any act or thing other than marriage (such as making an application for that other citizenship) with the sole or dominant purpose of acquiring that other citizenship, will automatically lose his Australian citizenship upon acquisition of that other citizenship.
Question No 13. I am a citizen of Malta who was emigrated in Australia for four years. My daughter was born in that country during this period. As my wife wished to move where her sister was also emigrated, we moved to New Zealand, where we stayed for 10 years. Does my daughter, who is now 24 years old and, who holds Australian citizenship, qualify to hold dual citizenship?
Answer. Yes because she fulfils the requirements of the new section 9 of the Maltese Citizenship Act, namely:
· she became a citizen of Malta at birth;
· she acquired or retained the citizenship of another country; and
· she resided outside Malta for an aggregate period of at least six years.
She has, therefore, re-acquired Maltese citizenship automatically which she can retain together with her Australian citizenship.
Question No 14. I was born in England in 1973 of a father who was a citizen of Malta and a mother born in England. My parents never married. Do I qualify for dual citizenship?
Answer. As the law stood in 1973, Maltese citizenship could be acquired by a person born outside Malta only if he was born in wedlock and his father was a citizen of Malta at the time of birth.
In your case your parents were not married. Under Maltese law and for citizenship purposes, the mother "replaces" the father. Hence you were born in England of a mother likewise born in England; therefore, you never had a claim to Maltese citizenship. This being the case you do not qualify to hold dual citizenship. However, as the descendant of a Maltese citizen you may apply to be naturalised as a citizen of Malta, if you reside in Malta for five years.
Question No 15. I was born in the United Kingdom in 1978 and in 1979 I was adopted in that country by a couple who were (and still are) citizens of Malta. Although my adoptive parents are Maltese I did not become a citizen of Malta by adoption. Do I now, under the provisions of the citizenship law as amended, qualify for the automatic acquisition of Maltese citizenship?
Answer. Persons who were adopted after 1st January 1977 and before 1st August 1989 did not acquire Maltese citizenship through their adoption. In the circumstances once you were never a citizen of Malta the question of automatic (re) acquisition of Maltese citizenship does not arise. If, however, you are eligible to apply for naturalisation as a citizen of Malta and do acquire such citizenship, you may hold it together with your British citizenship.
Question No 16. In 1995 my husband and I, both citizens of Malta, lawfully adopted a child from Romania. Would my child, when he reaches his 18th birthday, be required to make a decision about which citizenship he is to retain?
Answer. As your child was lawfully adopted under Maltese law after the 1st August 1989 and as he was still under ten years of age at the time of adoption, your child acquired Maltese citizenship automatically through the said adoption. By virtue of the provisions of the law as amended, your child may now hold Maltese and Rumanian citizenships indefinitely (that is, he is not required to make any choice at all).
Acquisition of maltese citizenship through marriage
Prior to the 10th February 2000 the foreign spouse of a citizen of Malta could apply for registration as a citizen of Malta immediately after marriage. This is no longer the case.
As from the said date the foreign spouse can apply for Maltese citizenship only if he/she would have been married to a citizen of Malta for at least five (5) years and if they would still be living together at the time when an application for citizenship is made (Sections 4 and 6 of the Act).
In the case of a foreign person whose Maltese spouse died before the fifth year of marriage, such person would also be entitled to apply for Maltese citizenship when five years would have elapsed from the date of marriage and as long as the said foreign spouse was still living with the Maltese spouse at the time of his/her demise.
The law has been amended to make it possible for those foreigners who are separated de jure or de facto from their Maltese spouse to also be entitled to be registered as citizens of Malta as long as the separation occurred after the fifth year of marriage and the couple had lived together during the said period of five years.
N.B.
It should be noted that Maltese citizenship shall be granted only if the Minister responsible for citizenship matters is satisfied that such grant is not contrary to the public interest.
The above cases are better illustrated by the following set of questions and Answer.s:
Question No 17. I am a French citizen and I have been married to my Maltese husband for three years. I would like to acquire Maltese citizenship, the more so since I can now hold such citizenship together with my French citizenship. Am I entitled to do so?
Answer. In accordance with the provisions of the recently amended Maltese Citizenship Act (Cap. 188) the foreign spouse of a citizen of Malta may apply to be registered as a citizen of Malta, on the strength of marriage, only after five (5) years of marriage and as long as the couple are still living together when an application is made.
In your case, therefore, as you have been married for only three years, you are not yet eligible to apply for Maltese citizenship.
Question No 18. I have read with much interest in the newspapers that the foreign spouse of a citizen of Malta can now acquire Maltese citizenship without having to renounce the citizenship of origin. I am an Italian national and I have been married to my Maltese wife for ten years. Would I be correct in assuming that I can now become a citizen of Malta?
Answer. Perfectly so. As you have been married for more than five years and as you are still living with your Maltese wife, you may now apply for registration as a citizen of Malta and upon acquiring Maltese citizenship you may retain also Italian citizenship.
Question No 19. I am a British citizen who has been married to a citizen of Malta for twenty years. My wife and I have always resided in the United Kingdom and although we visit Malta often, it is only for holidays that we do so. I understand that Malta has recently changed its citizenship laws and that the foreign spouse of a citizen of Malta may now acquire Maltese citizenship without having to renounce the citizenship of origin. Does this mean that although I never lived in Malta I can now become a citizen of Malta?
Answer. Yes it does. To a certain extent this has been the case since August 1989; prior to the 10th February 2000, however, you would have had to renounce your british citizenship if you acquired Maltese citizenship. Moreover, you can now apply for Maltese citizenship because you satisfy also the new conditions for such entitlement, namely, that you have been married for more than five years to a citizen of Malta and that you are still living together.
Question No 20. I am a British citizen who married a citizen of Malta four (4) years ago. Unfortunately my husband died last year after three years of marriage. In view of the recent amendments to the citizenship laws and as I would like to apply for Maltese citizenship in order to hold dual citizenship, could you please confirm whether I am eligible to do so.
Answer. The law, as amended, now stipulates that the foreign widow of a citizen of Malta, would be eligible to apply for Maltese citizenship when five years would have elapsed from the date of marriage and as long as she was still living with her husband at the time of his demise. In your case, therefore, you would be eligible to apply for Maltese citizenship in a year's time.
Question No 21. I am a British citizen who married a citizen of Malta thirteen years ago and I have been settled in Malta ever since. Unfortunately after eight years of marriage my husband and I separated. I have custody of our two children and have been in employment for the last two years. Can I acquire Maltese citizenship and hold also my British citizenship?
Answer. Yes of course. The citizenship law, as amended, now stipulates that as long as a couple would have lived together for at least five years after marriage, the foreign spouse is entitled to be registered as a citizen of Malta, even if the couple are now separated.
Question No 22. I am a British citizen who has been residing in Malta for the last two years. Ten years ago, whilst living in the United Kingdom I married a citizen of Malta. Unfortunately our marriage was not a success and we divorced after six years of marriage. In view of the recent amendments to the Maltese Citizenship Act am I now entitled to apply for registration as a citizen of Malta?
Answer. The reply is in the negative. Once you are now divorced you no longer enjoy any rights under the Citizenship Act.
Question No 23. I am an Italian citizen who married a citizen of Malta seven (7) years ago. However, due to incompatibility of character we separated after two years of marriage. As more than five years have elapsed since the date of our marriage, am I entitled to apply for registration as a citizen of Malta?
Answer. The Maltese Citizenship Act, as amended, stipulates that the foreign spouse of a citizen of Malta shall be eligible to apply for Maltese citizenship as long as the couple would have been married and lived together for at least five (5) years. As in your case you separated after two years of marriage, you are not eligible to apply for Maltese citizenship.
Question No 24. I am a British citizen and I married a citizen of Malta in 1990. My husband and I separated after three (3) years of marriage. After a lapse of three years we patched up our differences and started living together once again and have now been living together for the past four years. As we have been married for ten years and lived together, in the aggregate, for seven years, am I eligible to apply for registration as a citizen of Malta?
Answer. Yes. As you do fulfil the requirements of the Maltese Citizenship Act as recently amended, namely, that you have been married for five years and you are living together once again, you are eligible to apply for registration as a citizen of Malta.
Acquisition of maltese citizenship by children whose mother was a citizen of malta at the time of their birth
Citizenship used to be transmitted to the children only by their father. In line with the evolution of the citizenship laws in other countries, Malta introduced the transmission of Maltese citizenship by the mother as from 1st August 1989 and since then all those children who were born abroad to a mother who was a citizen of Malta, acquired automatically Maltese citizenship.
The law has now been further amended to give the opportunity to all those persons who were born on or after the 21st September 1964 and before the 1st August 1989 to acquire Maltese citizenship by registration. These persons, irrespective of whether they reside in Malta or abroad, and without having to satisfy any residence conditions, can apply for registration as citizens of Malta and may then retain such citizenship together with the citizenship they now hold.
In all those cases where a foreign national has to apply to acquire Maltese citizenship (that is, where citizenship is being acquired by a voluntary act) it is important that the person concerned verifies whether under his/her country's citizenship legislation, he/she might lose the citizenship of that country because of the said voluntary act.
Question No 25. I was born in Malta in 1948 of parents both born in Malta. In 1970 I married a British citizen and went to live with my husband in the United Kingdom. I have three children, all born in the United Kingdom, who are now 28, 24 and 20 years old.
I am still a citizen of Malta. Is it true that my children, following changes to the Maltese Citizenship law, can become citizens of Malta?
Answer. Yes, your assumption is correct. If a person was born abroad on or after the 21st September 1964 and before 1st August 1989 and his/her mother was a citizen of Malta at the time of his/her birth, then that person, irrespective of where he/she is residing, can apply to be registered as a citizen of Malta and he/she would not be required to renounce his/her current citizenship.
Question No 26. I was born in Malta in 1950 of parents both born in Malta. In 1973 I married an Italian citizen and in 1974 our daughter was born in Malta. In 1975 the whole family moved to Italy as my husband had terminated his term of duty in Malta. In 1977 my son was born in Italy. I am a citizen of Malta and I am still residing in Italy. In view of the recent amendments to the citizenship laws are my children entitled to hold dual citizenship automatically?
Answer. As your daughter was born in Malta in 1974 she acquired Maltese citizenship at birth and as she has been residing abroad for more than six years then she has re-acquired Maltese citizenship automatically and she may hold it together with her Italian citizenship.
Your son's case is different. He was born outside Malta of a father who was not a citizen of Malta. Then your son, according to Maltese law, could not at birth become a citizen of Malta. Hence he could not re-acquire Maltese citizenship automatically because he never possessed Maltese citizenship. However, in view of the changes you have mentioned, your son may now apply to be registered as a citizen of Malta and he may then retain Maltese citizenship together with his Italian citizenship.
Question No 27. I was born in England in 1952 of parents and paternal grandparents all born in Malta. I am a Maltese citizen as I renounced my British citizenship between my eighteenth and nineteenth birthday. In 1976 I married a Maltese citizen and my wife and I settled in England later that year. My son was born in that country in 1978. Am I correct in assuming that my son has now re-acquired Maltese citizenship automatically?
Answer. In your case you are a citizen of Malta (although born abroad) because your father and one of your paternal grandparents were also born in Malta - you are known as the first generation born abroad.
Although when your son - the second generation born abroad - was born, you were (and still are) a citizen of Malta, you did not transmit Maltese citizenship to him because the relative section of the Constitution (now of the Maltese Citizenship Act) stipulated accordingly. That is, the first generation born abroad cannot transmit its Maltesecitizenship to the second generation born abroad. Your son, therefore, did not have a claim to Maltese citizenship. However, as he was born on or after the 21st September 1964 and before 1st August 1989 of a mother who was a citizen of Malta at the time of his birth he may now be registered as a citizen of Malta.
Question No 28. I emigrated to Australia with my parents in 1954 when I was three years old. All the members of my family were born in Malta. In 1974 I married an Australian citizen and my daughter was born in Australia in 1979. My husband is of the view that my daughter can now acquire Maltese citizenship. Is that correct?
Answer. Your husband is correct. Technically that is your daughter's position, that is, the law now provides for those children born abroad on or after the 21st September 1964 and before the 1st August 1989 to a mother who was a citizen of Malta at the time of their birth, to apply for registration as citizens of Malta.
In your daughter's case, however, as she is an Australian citizen and as according to the Australian citizenship law, an (Australian) adult who by a voluntary act acquires another citizenship, shall lose his Australian citizenship, she will lose her Australian citizenship if she were to apply to be registered as a citizen of Malta.
Therefore, although under Maltese law your daughter can acquire Maltese citizenship without having to lose her current citizenship, she is apparently prohibited from doing so under Australian law.
A new-born infant found abandoned in malta shall be Deemed to be a citizen of malta.
As the law stood prior to the recent amendments, a new-born infant found abandoned in Malta was deemed to have been born in Malta. However, he could not then become a citizen of Malta as, for obvious reasons, it was not known whether at least one of his parents was a citizen of Malta, a requisite for a child born in Malta to acquire Maltese citizenship at birth. Therefore, that child was stateless.
The law has now been amended to the effect that the said child shall now be deemed to be a citizen of Malta until his right to any other citizenship is established.
Question No 29. I am the tutor of a child who was found abandoned in Malta soon after birth in 1990. I understand that the citizenship law as recently amended has granted Maltese citizenship to the said child who may retain it indefinitely. Is this correct?
Answer. Yes. The law stipulates that in similar cases, if no right to any other citizenship can be established, the person concerned shall be deemed to be (always) a citizen of Malta.
Question No 30. A child was found abandoned in Malta in 1992 and is presently being brought up by the Sisters of Charity. On the 30th March 2000 it was conclusively established that the child's parents are British citizens and consequently the child possesses British citizenship. Does this mean that he has now ceased to be a citizen of Malta?
Answer. Yes. The relative legislation stipulates that the person concerned shall be deemed to be a citizen of Malta as long as he has no claim to any other citizenship.
Once it has been established that he is a British citizen, then he is considered never to have been a citizen of Malta.
Amendments to the immigration act (cap. 217)
Loss of the right to freedom of movement or exempt
Person status
Section 44(4)(c) of the Constitution stipulates that the wife of a citizen of Malta or of a person who enjoys freedom of movement shall herself enjoy freedom of movement as long as she is living with her husband.
Until the 9th February 2000 Section 4(1) of the Immigration Act (Cap 217) stipulated that the following persons, amongst others, shall enjoy exempt person status (that is, the right to enter or leave Malta, the right to remain on the Island and the right to work locally):
(a) a citizen of Malta;
(b) a person who enjoys freedom of movement under Section 44 of the Constitution;
(c) the spouse of a citizen of Malta or of a person who enjoys freedom of movement as long as he/she is not living apart from the wife/husband under a judgement of a competent court or a deed of separation;
(d) the widow/widower of a citizen of Malta or of a person who enjoyed freedom of movement as long as he/she was not living apart from the husband/wife by a judgement of a competent court or a deed of separation at the time of his/her death.
The Immigration Act has now been amended so that with effect from the 10th February 2000:
(i) the spouse of a citizen of Malta or of a person who enjoys freedom of movement shall enjoy freedom of movement/exempt person status only if he/she is still married to and living with his wife/her husband;
(ii) the widow/widower of a citizen of Malta or of a person who enjoyed freedom of movement shall enjoy exempt person status only if she/he was still living with her husband/his wife at the time of the latter's death.
This means that the foreign wife or husband of a citizen of Malta or of a person who enjoys freedom of movement shall lose the right to freedom of movement and/or exempt person status if she/he is no longer living with her husband/his wife.
And in the case of a widow/widower such person would also lose exempt person status if he/she was not living with his wife/her husband at the time of the latter's death.
Question No 31. I am a Swedish citizen and I have been married to a citizen of Malta for six years. We have been residing in Malta for five years, during which our two children were born in Malta. We have recently separated and I have custody of my children. I have been in employment for the last two years. What is my immigration position in Malta following the recent amendments to the Immigration Act?
Answer. Once you and your husband are no longer living together, you no longer enjoy freedom of movement and exempt person status in Malta. That is, in order to continue to reside in Malta you now require permission from the Principal Immigration Officer, Police General Headquarters, Floriana. Moreover, in order to work locally you require an employment licence in terms of the Immigration Act and you are, therefore, advised to contact the Department for Citizenship and Expatriate Affairs on this matter.
Question No 32. I am a Syrian citizen and I have been married to a citizen of Malta for four years. We have not been living together for the last year. I am self-employed as a Gypsum Plasterer. Can I continue to work in Malta?
Answer. As you and your wife have not been living together, your right to enjoy 'exempt person status' has now ceased automatically. That is, you now require permission from the Principal Immigration Officer to continue to reside in Malta. As regards employment, you have to submit an application for the issue of an employment licence to the Department for Citizenship and Expatriate Affairs. Such applications are considered by the said Department on the merits of the case.
Order by the minister declaring a person to be no Longer an exempt person
Section 4(2) of the Immigration Act (Cap. 217) empowers the Minister to declare the husband or the widow/widower of a citizen of Malta or of a person who enjoyed freedom of movement, to be no longer an exempt person if the Minister is satisfied that the grant of such an exemption is not in the public interest.
This provision has now been made applicable also in the case of a (non-Maltese) dependant of a citizen of Malta or of a person who enjoys freedom of movement, who is over the age of eighteen years.
Question No 33. My neighbour's daughter has been arrested for drug trafficking and apparently she has been dealing in drugs for the last two years. She was born abroad, holds British citizenship and is now 19½ years old. I have just heard that she is going to lose her exempt person status which she enjoys until her twenty-first birthday. Is there any truth in this rumour?
Answer. Yes there is. In accordance with section 4(2) of the Immigration Act, the Minister responsible for Immigration matters is empowered to declare such a person to be no longer an exempt person if the Minister is satisfied that it is not in the public interest for such a person to continue to merit such a right.
Should more information be required, you can contact us as follows:
Civil Registration Department / The Passport Office
217 St.Paul Street Fax no. 21245328
Valletta CMR 02
MALTA
Telephone 21246821 or 21222286 (Civil Registration Department)
Freephone 80 07 23 86 (The Passport Office)
E-mail civil.registration@gov.mt
www.mjha.gov.mt/services/passport/form.pdf
