Maltese nationality law

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Maltese Citizenship Act
Coat of arms of Malta.svg
Parliament of Malta
An Act relating to Maltese citizenship
Enacted by Government of Malta
Status: Current legislation

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.

Maltese citizenship at independence (1964)

Maltese citizenship was conferred at independence, 21 September 1964, 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 2001 automatically acquired Maltese citizenship at birth.

From 1 August 2001, a person born in Malta only acquires Maltese citizenship at birth if a parent of that person is

  • a Maltese citizen; or
  • born in Malta.

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:

  • a Maltese citizen born in Malta; or
  • a Maltese citizen by registration or naturalisation

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

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

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

Changes to the Maltese Citizenship Act in 2007

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

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

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

Naturalisation as a Maltese citizen

Prior to 1 August 1989, the residence period for naturalisation was 6 years (5 years for citizens of Commonwealth countries). This period is now 5 years.[2]

Since the reforms of 2000, persons acquiring Maltese citizenship by naturalisation or registration are no longer obliged to prove they had lost or renounced any other citizenship they held. The same reforms also allowed all former citizens of Malta (who were not automatically given Maltese citizenship back) to re-acquire Maltese citizenship by registration.[3]

Changes to the Maltese Citizenship Act in 2013 in view of Malta Individual Investor Programme

Act XV of 2013 introduced amendments to the main act and made it possible for the Minister responsible for citizenship to assign citizenship by naturalisation to a person and his or her dependants who are contributors to the Malta Individual Investor Programme (MIIP), a citizenship-by-investment program designed and implemented by Henley & Partners, a global citizenship advisory firm, together with the Government of Malta.[4] The amendments also provided for the establishment of the post of a Regulator and a Monitoring Committee (composed of the Prime Minister, Leader of the Opposition and Minister responsible for citizenship) of the MIIP. The amendment also made it an offence to advertise, publish or disseminate the programme without authorisation.[5] The Government said that it would be accepting applications for a contribution of €650,000 (€25,000 for spouses and dependants) to the National Development and Social Fund. Other investment criteria include an investment into government authorised stocks or bonds for a minimum of €150,000 and a minimum term of five years. Applicants must also commit to either purchasing a residential property valued at more than €350,000 or the leasing of a property, with a minimum annual rent of €16,000 for a minimum period of five years.[6][7]

The scheme was roundly criticised, both in Malta and abroad[8] , as a sale of citizenship, made attractive due to Malta's being an EU member state and a member of the Schengen Area. In view of the criticism, Government said it would remove one of the most controversial changes brought by the new law, of ending publication of names of new citizens by naturalisation. The provision will be re-enacted and no applications would be accepted before the change is made.[9]

Maltese citizenship by marriage

The foreign spouse of a Maltese citizen may acquire Maltese citizenship by marriage after 5 years of marriage and living together. Residence in Malta is not required.[10]

  • Widows and widowers of a Maltese citizen (where the spouse died within the first 5 years of marriage) may apply for Maltese citizenship by marriage 5 years after the date of the marriage to their deceased spouse.
  • Persons separated from a Maltese spouse may still apply for Maltese citizenship by marriage provided they lived together for 5 years after the celebration of the marriage.
  • Prior to 10 February 2000, the 5-year period of marriage did not apply, while before 1 August 1989 only the foreign wife of a Maltese man was eligible for citizenship by marriage

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.

  • an adult citizen of Malta acquiring a foreign citizenship automatically lost Maltese citizenship
  • a Maltese citizen who had acquired another citizenship at birth or during childhood was obliged to renounce that other citizenship before age 19. Otherwise, Maltese citizenship was lost.

Reforms of 1989

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

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

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

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

Reforms of 2000

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

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

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

Dual citizenship

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

Citizenship of the European Union

Because Malta forms part of the European Union, Maltese citizens are also citizens of the European Union under European Union law and thus enjoy rights of free movement and have the right to vote in elections for the European Parliament.[11] When in a non-EU country where there is no Maltese embassy, Maltese citizens have the right to get consular protection from the embassy of any other EU country present in that country.[12][13] Maltese citizens can live and work in any country within the EU as a result of the right of free movement and residence granted in Article 21 of the EU Treaty.[14]

Commonwealth citizenship

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

  • access to the UK Ancestry Entry Clearance (no longer relevant since Malta joined the European Union)
  • access to the UK Working Holiday Visa scheme (no longer relevant to Maltese citizens)
  • entitlement to UK Right of abode for Maltese citizens born before 1983 with British born mothers. This offers effectively full citizenship rights in the UK (with a simpler route to naturalisation) compared to the standard arrangements for citizens of other EU/EEA member states in the UK.
  • full rights to vote and stand for public office in the United Kingdom.
  • the option of joining Her Majesty's Armed Forces.

Travel freedom of Maltese citizens

As of May 2018, Maltese citizens had visa-free or visa on arrival access to 182 countries and territories, ranking the Maltese passport 7th in the world (tied with the passports of the Czech Republic and New Zealand) according to the Visa Restrictions Index.[15]

Visa requirements for Maltese citizens are administrative entry restrictions by the authorities of other states placed on citizens of Malta.

In 2017, the Maltese nationality is ranked twenty-third in the Nationality Index (QNI). This index differs from the Visa Restrictions Index, which focuses on external factors including travel freedom. The QNI considers, in addition to travel freedom, on internal factors such as peace & stability, economic strength, and human development as well. [16]

References

  1. ^ "Citizenship law changes come into effect". MaltaMedia. 1 August 2007. Retrieved 4 May 2015. 
  2. ^ http://www.justiceservices.gov.mt/DownloadDocument.aspx?app=lom&itemid=8702&l=1 Art. 10(1) of the Maltese Citizenship Act
  3. ^ "ACQUISITION OF MALTESE CITIZENSHIP BY NATURALISATION" (PDF). DEPARTMENT FOR CITIZENSHIP & EXPATRIATE AFFAIRS. Retrieved 2012-06-17. 
  4. ^ "Malta's citizenship scheme ranks number one in Henley & Partners report - The Malta Independent". www.independent.com.mt. Retrieved 2016-07-20. 
  5. ^ http://www.parlament.mt/file.aspx?f=44746
  6. ^ "Malta Citizenship". Malta Citizenship. Retrieved 2016-07-20. 
  7. ^ Kalin, Christian H. (2015). Global Residence and Citizenship Handbook. Ideos Publications. pp. 469–478. ISBN 978-0992781859. 
  8. ^ http://www.euractiv.com/justice/maltese-eu-citizenship-sale-ange-news-532846
  9. ^ "'No golden passports before secrecy clause is removed' – Louis Grech". Retrieved 2016-07-20. 
  10. ^ "Maltese Citizenship through Marriage". MaltaImmigration.com. Retrieved 4 May 2015. 
  11. ^ "Malta". European Union. Retrieved 4 May 2015. 
  12. ^ Article 20(2)(c) of the Treaty on the Functioning of the European Union.
  13. ^ Rights abroad: Right to consular protection: a right to protection by the diplomatic or consular authorities of other Member States when in a non-EU Member State, if there are no diplomatic or consular authorities from the citizen's own state (Article 23): this is due to the fact that not all member states maintain embassies in every country in the world (14 countries have only one embassy from an EU state). Antigua and Barbuda (UK), Barbados (UK), Belize (UK), Central African Republic (France), Comoros (France), Gambia (UK), Guyana (UK), Liberia (Germany), Saint Vincent and the Grenadines (UK), San Marino (Italy), São Tomé and Príncipe (Portugal), Solomon Islands (UK), Timor-Leste (Portugal), Vanuatu (France)
  14. ^ "Treaty on the Function of the European Union (consolidated version)" (PDF). Eur-lex.europa.eu. Retrieved 2015-07-10. 
  15. ^ "Global Ranking - Visa Restriction Index 2018" (PDF). 
  16. ^ "The 41 nationalities with the best quality of life". www.businessinsider.de. 2016-02-06. Retrieved 2018-09-10. 

External links

  • Ministry of Foreign Affairs
  • Maltese Citizenship Act
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