1. Section 7 of the Act as amended 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.

This means that if a citizen of Malta acquires another citizenship on or after the 10^th February 2000, 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 are in possession of two citizenships, for example they are Maltese by descent and Canadian because they were born in Canada and who on the 10^th February 2000 were over 18 years of age but had not yet attained their 19^th birthday, may now hold both citizenships indefinitely. (As the law stood before the 10^th February 2000 such persons had to make a choice as to which citizenship to retain between their eighteenth and nineteenth birthday. This is no longer the case).

2. Section 9 of the Act as amended 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.

To illustrate this by an example, say, a female citizen of Malta emigrated to Australia and stayed there for three years, after which she returned to Malta. After four years in Malta she returned to Australia where she stayed for five years, during which period she acquired Australian citizenship. As she:

• was a citizen of Malta;
• resided outside Malta for a total of eight years; and
• acquired Australian citizenship,

she, therefore, fulfils the requirements of the above-mentioned provision of the law and qualifies AUTOMATICALLY to hold dual citizenship.

It is to be remarked that had the said person instead of going to Australia emigrated to a different country, she would still qualify to hold dual citizenship.

3. Section 8 of the Act as amended stipulates that:

A PERSON WHO (BEFORE 10/2/2000) 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 21^st 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 NATURALIZATION are now ENTITLED to be registered as citizens of Malta.

That is, these persons, with immediate effect, 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 naturalization, 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.

4. Acquisition of citizenship as a result of marriage.

The foreign spouses of citizens of Malta can apply to be registered as citizens of Malta only after five years of marriage and as long as they are still living with their spouse. Upon the acquisition of Maltese citizenship, they may RETAIN ALSO their citizenship of origin.

Persons who are separated may also apply for Maltese citizenship as long as they had lived with their spouse for five years after marriage.

Foreign Widows/widowers may also apply for Maltese citizenship as long as five years would have elapsed from the celebration of marriage.

5. Acquisition of citizenship by children whose mother was a citizen of Malta.

The law has been amended also to make it possible for those children born of a Maltese mother on or after 21^st September 1964 and before 1^st August 1989 (the date when it became possible to acquire Maltese citizenship automatically if the mother is a citizen of Malta), to be registered as citizens of Malta.

This means that those persons, who are now 18 years of age or over, irrespective of whether they reside in Malta or abroad, may now apply to be registered as citizens of Malta and retain Maltese citizenship together with their foreign citizenship. In the case of minor children, an application can be submitted on their behalf by their mother to be naturalized as citizens of Malta.

DOCUMENTS TO BE PRODUCED

CATEGORY 2

In order that the Department for Citizenship and Expatriate Affairs may issue a confirmation that a former citizen of Malta has re-acquired Maltese citizenship automatically, the enquirer should produce the following documents:

1. Full birth certificate showing names of parents;
2. Father�s birth certificate;
3. Parents� marriage certificate;
4. Certificate showing date when foreign citizenship was acquired by Registration/Naturalization;
5. Current passport;
6. Identity card (if applicable);
7. Documentary evidence to show that enquirer has resided abroad for an aggregate period of at least six years.

Primarily such evidence should be the current or previous passports. Other documents in support of residence abroad are, however, also acceptable such as:

• a residence certificate issued by the Immigration Authorities;
• a statement showing annual earnings;
• a letter from present/previous employer/s giving employment history;
• a confirmation of annual Social Security contributions;
• a confirmation of school/ college attendance.

8. Marriage certificate (if enquirer is a married female, a divorcee or a widow).

In the case of a person who was born on or after the 21^st September 1967 but before the 10^th February 1982 the following additional documents would be required:

9. Paternal grandfather�s birth certificate;
10. Paternal grandparents� marriage certificate.

NB Certificates of births/marriages that occurred in Malta have to be produced from the Public Registry, Valletta or Gozo, as the case may be.

CATEGORY 3

Persons falling under this category are advised to contact the Department for Citizenship for advice in view of the fact that Maltese citizenship could have been acquired at birth and/or by registration and/or by naturalization.

CATEGORY 4

The following documents appearing under category 2 above have to be produced in respect of the citizen of Malta: Nos: 1, 2, 3, 5, 6 and a copy of the marriage certificate.

The foreign spouse has to produce a copy of his/her full birth certificate, passport details and three photographs (passport type).

In the case of a widow/widower a copy of the death certificate of the late husband/wife should be produced whereas in the case of separated persons, a copy of the deed of separation has to be furnished.

CATEGORY 5

The following documents as appearing under category 2, above in respect of the mother have to be produced: Nos. 1, 2, 3, 5, 6 and 8.

A full birth certificate in respect of the son/daughter born abroad (that is, the applicant) has to be produced together with passport details and three photographs (passport type).

FEES PAYABLE FOR CERTAIN CITIZENSHIP MATTERS

It should be noted that, in accordance with the Citizenship Regulations, 1989 (Legal Notice No 106 of 1989) as subsequently amended (Legal Notice No 232 of 1997) the following fees are payable for:

1. An application for registration or naturalization as a citizen of Malta: LM 15

2. Application for re-registration or re-naturalization as a citizen of Malta by a person who has already been registered or naturalized as a citizen of Malta:

Additional fee on first re-registration or re-naturalization LM 4
Additional fee on second re-registration or re-naturalization LM 6
Additional fee on third re-registration or re-naturalization and so on, on the same rising scale LM 8

3. A certificate of registration or naturalization as a citizen of Malta: LM 30

4. The Swearing of an affidavit: LM 1

5. The Taking of an oath of allegiance: LM 1

NB It is important 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) that the person concerned verifies whether, under his country's citizenship legislation, he might lose the citizenship of that country by committing such a voluntary act.

The Director
Department for Citizenship and Expatriate Affairs
3 Castille Place
Valletta CMR 02

The Department:

• is open to the public as follows:
  Tuesday, Thursday and Friday
  from 8.30 to 11.30
  
  
• may be accessed through e-mail:
  [email protected]
  
  
• may be reached on the following telephone Nos:
  (356) 250868
  (356) 250569-73
  
  
• and the following telefax No:
  (356) 237513