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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

British & Commonwealth
citizenship
Commonwealth nationality laws
British (history)
Australian
Barbadian
Canadian (history)
Indian
Malaysian
Maltese
New Zealand
Singaporean
South African
Irish citizens in the UK
Classes of citizens and subjects
British citizen
British subject
British Overseas Territories citizen
British Overseas citizen
British National (Overseas)
British protected person
Commonwealth citizen
Rights and visas
Right of abode
Indefinite leave to remain
Permanent resident (Australia)
Permanent resident (Canada)
Belonger status
UK Ancestry Entry Clearance
Acts
Ireland Act 1949
British Nationality Act 1981
Falkland Islands (1983)
Overseas Territories Act 2002
Canadian Citizenship Act 1946
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

Due to amendments to the Maltese Citizenship Act which came into force on 1 August 2007, it is now possible for all persons of Maltese descent to obtain Maltese citizenship by registration. [1]

A person only has to provide documentary evidence such as birth, marriage & 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. that are alive and are also 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

Government websites state that it is possible to acquire Maltese citizenship by naturalisation after 5 years of legal residence in Malta. In practice, applications are only given a favourable consideration to persons who were born in Malta, have a Maltese parent, or based on humanitarian grounds. [2] Under Maltese law, naturalisation is at the discretion of the Minister for Justice and Home Affairs.

Prior to 1 August 1989, the residence period for naturalisation was 6 years, and those from Commonwealth countries could acquire Maltese citizenship by registration after 5 years residence. On 1 August 1989, the distinction between naturalisation and registration was removed.

Prior to 10 February 2000, persons acquiring Maltese citizenship by naturalisation or registration were obliged to prove they had lost or renounced any other citizenship they held.

Since 10 February 2000, all former citizens of Malta (who were not automatically given Maltese citizenship back) have the right to re-acquire Maltese citizenship by registration.

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.

European citizenship

With effect from 1 May 2004, Malta is a member of the European Union (EU) and European Economic Area (EEA). Maltese citizens are hence free to live and work in any of the EU and EEA member states. The transitional arrangements that allow existing EU states to restrict free movement of labour from the Eastern European members for seven years do not affect Maltese citizens.

Commonwealth citizenship

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

See also

External links

Jus sanguinis (Latin for "right of blood") is a right by which nationality or citizenship can be recognized to any individual born to a parent who is a national or citizen of that state. It contrasts with jus soli (Latin for "right of soil").
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August 1 is the 1st day of the year (2nd in leap years) in the Gregorian calendar. There are 0 days remaining.

Events


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19th century - 20th century - 21st century
1950s  1960s  1970s  - 1980s -  1990s  2000s  2010s
1986 1987 1988 - 1989 - 1990 1991 1992

Year 1989 (MCMLXXXIX
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For issues specific to the U.S., see .
Jus soli (Latin for "right of the soil" or, somewhat figuratively, "right of the territory"), or birthright citizenship
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Multiple citizenship, or multiple nationality, is a status in which a person is concurrently regarded as a citizen under the laws of more than one state.

Dual citizenship
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February 10 is the 1st day of the year (2nd in leap years) in the Gregorian calendar. There are 0 days remaining.

Events


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20th century - 21st century
1970s  1980s  1990s  - 2000s -  2010s  2020s  2030s
1997 1998 1999 - 2000 - 2001 2002 2003

2000 by topic:
News by month
Jan - Feb - Mar - Apr - May - Jun
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International Day of Peace
  • International Day against Alzheimer's disease
  • International Banana Festival
  • Day of the trees in Brazil
  • RC Saints - Matthew the Evangelist
  • The Nativity of the Theotokos in Russia.
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    • 19th century - 20th century - 21st century
    1930s  1940s  1950s  - 1960s -  1970s  1980s  1990s
    1961 1962 1963 - 1964 - 1965 1966 1967

    Also Nintendo emulator: 1964 (emulator).

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    Anthem
    L-Innu Malti
    ("The Maltese Anthem")

    Location of  

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    British Overseas Territories are fourteen[1] territories which the United Kingdom considers to be under its sovereignty, but not as part of the United Kingdom itself.
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    This article concerns the History of British nationality law.

    Early British nationality law

    British nationality law has its origins in mediæval times. There has always been a distinction in English law between the subjects of the monarch and aliens: the monarch's subjects
    ..... Click the link for more information.
    International Day of Peace
  • International Day against Alzheimer's disease
  • International Banana Festival
  • Day of the trees in Brazil
  • RC Saints - Matthew the Evangelist
  • The Nativity of the Theotokos in Russia.
    ..... Click the link for more information.
    • 19th century - 20th century - 21st century
    1930s  1940s  1950s  - 1960s -  1970s  1980s  1990s
    1961 1962 1963 - 1964 - 1965 1966 1967

    Also Nintendo emulator: 1964 (emulator).

    ..... Click the link for more information.
    British nationality law is the law of the United Kingdom concerning British citizenship and other categories of British nationality. The law is complex due to the United Kingdom's former status as an imperial power.
    ..... Click the link for more information.
    This article concerns the History of British nationality law.

    Early British nationality law

    British nationality law has its origins in mediæval times. There has always been a distinction in English law between the subjects of the monarch and aliens: the monarch's subjects
    ..... Click the link for more information.
    Australian citizenship was created on 26 January 1949 by the Nationality and Citizenship Act 1948 (later renamed the Australian Citizenship Act 1948). However, Australian citizens continued to be British subjects and other British subjects in Australia had a different
    ..... Click the link for more information.
    Barbados achieved independence from the United Kingdom in 1966 as a commonwealth with HM the Queen Elizabeth II remaining the head of state. However, the entire role and responsibility of the Queen is vested in the Governor-General of Barbados.
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    Canadian citizenship may be granted to any person by the Governor General, on the advice of the Cabinet,[1] however it is typically obtained by birth in Canada (other than as a child of a foreign diplomat), by birth abroad, when at least one parent is a Canadian
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    Canada was the second nation in the then British Commonwealth to establish its own nationality law in 1946, with the enactment of the Canadian Citizenship Act 1946. This took effect on 1 January 1947
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    Indian citizenship/nationality law: The Constitution of India provides for a single citizenship for the entire country. The provisions relating to citizenship at the commencement of the Constitution are contained in Articles 5 to 11 in Part II of the Constitution of India.
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    Malaysia Citizenship Rules 1964.

    Requirements



    The criteria to be a Malaysian citizen are
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    New Zealand citizenship was created on 1 January, 1949, by the British Nationality and New Zealand Citizenship Act 1948. Prior to this date New Zealanders were British subjects and New Zealand had the same nationality legislation as the United Kingdom and other
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    Singaporean nationality law is derived from the Constitution of Singapore and is based on jus sanguinis and a modified form of jus soli. There are four ways of acquiring Singaporean citizenship: by birth, by descent, by registration or by naturalisation.
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      ^]]  South African Government Services: Application for dual nationality
    • South African Department of Home Affairs: citizenship forms

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    This article concerns British nationality law in respect of citizens of the Republic of Ireland.

    When the Irish Free State (known in the United Kingdom as "Éire" between 1937 and 1949) ceased to be part of the United Kingdom in 1922, no specific problem of
    ..... Click the link for more information.
    British nationality law is the law of the United Kingdom concerning British citizenship and other categories of British nationality. The law is complex due to the United Kingdom's former status as an imperial power.
    ..... Click the link for more information.
    In British nationality law, the term British subject has at different times had different meanings. The current definition of the term British subject is contained in the British Nationality Act 1981.
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    The status of British Overseas Territories citizen relates to persons holding British nationality by virtue of a connection with a British Overseas Territory

    British Nationality Act 1981


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    In British nationality law, the status of British Overseas citizen (BOC) is one of several categories of British national.

    British Nationality Act 1981

    The British Nationality Act 1981 came into force on 1 January 1983, and divided Citizens of the United Kingdom and
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