ACT No. XXJV 01 1989 AN ACTto (lmelld me Maltue Ciri~ellSh"p Act (C(lp. /88).

I assent.

(L .S.)

CEN SU TABO NE

28t h July, 1989

ACT No. XXJV 01 1989

AN ACTto (lmelld me Maltue Ciri~ellSh"p Act (C(lp. /88).

BE IT ENACTE D by the President, by and with the advice and

consent of the Ho use o f Represen tatives. in this present Parliamen t

assembled. and by th e authority of the same. as fo llows:-

I. (I) Th is Act may be cited as the Maltese Citizenship Shoo-. lid.

(Amendmen t) Act, 1989. and shall be read and construed as one wit h com

~

the Ma ltese Citizenship Act. hereinafter rderred 10 as "the principal Ca;>. 188

Act ,"

(2 ) Th is Act shall come in to force on 1st August. 1989.

....... _ft,

The ,. AR RANGEMENT OF Acr' in the principal Act shall

be amended as follows: -

(a ) For Pan IJ the re in there shall be substituted the pri""ip.1 "'0.,

foll owing

Citizenship by Naturalisation

3-''';

fortllewords

(b)

"SCHE DULES

First Schedule

Second Schedule"

there sha ll be substituted the words

"SCHED ULE

O ath o f allegiance ....

Subsection (1) of section 2 o f the principal Act shall be

am ended as follows

(a)

the definition o( " 'he Commollll'calth" is to be deh.'led

(b) (or t ile defini tion of "alien" there $hall be SUbslilUI"d the

following new definition

" "ali en" mea ns a person who is not a cili~cn of M al ta;";

(c ) for th e defin ition of "foreign rouocry" there shall be

substit uted the following new defin ition

" "foreign COUlltry" means a oountry other than Maha :"

shall be

(d) the de fi ni tion of "British pmtecled per.;on

deleted: and

(e) immediatel y afte r the definitio n of "prescribed" Ihere

shall be added the fo llowing new de finition

.. "sta te less" meansdestilul e of any nationality and

"stat eless person " shall be construed accordingly ,".

For Pan 11 of the pri ncipal Act there shall be substituted the

following new Pan

" PA RT 11

Citizenship by Naturalisation

3. ( I) Subject to the provisions of subsection (5) of

N",u,"lioa·

this section . an alien o r a state less person. being a person of

full age and capaci ty. on mak ing application thercfor 10 the

Min ister in the prescribed manne r, may be granted a

C('rtilica te o f na tu ralisation as a cilizen of Malta if he satisroes

the Minister-

(a) that he has resided in Malta throughout the

period of twelve momhs immedia te ly preceding the date

of ap plication ; and

(bl that. during the six years immediately

preceding the said period o f twel\'e months. he has

resided in Malla for periods amounting in Ihe aggregate

10 not less than fou r years; and

(c) thal he has an adequate knowledge of the

Ma ltese or the English language; a nd

(d)

thatheisof goodeha racter:and

(e)

that he would be a sui table citizen o f Malta

I'rovidcd that the Min iste r may , if he so thinks fi t in the

special circumstances o f any particular case. allow periods of

residence ear lier th an si.>; years before the da te of application

to be reckoned in computing the aggregate men tioned in

paragraph {b)ofthis su~ion .

(2 ) Subject to the provisions of subsection (5) of

this section. any person of full age and capacity born outside

Mal ta may, on ma king application therefor to the Minister in

the prescribed manner. be gran ted a certificate of

naturali sation as a citizen of Maltn -

(a) if his fath er. or in the CBse of a person born on

or afte r the 1st August, 1989. if e ither of his parents

became. o r would but for his death have become. a

citizen of Malta by virtue of subsect ion (2 ) o f section 22 of

the Constitution. or

(b) if his father. or in the case of a person born on

o r after the 1st August. 1989. if either o f his parents , at

the time of that person's birt h, was, or would but for his

dea th ha ve been. a ci tizen of Malta by vi rtue of

sUUsc:ction (2) of sectio n 25 of the Co nstitution.

(3) Su bject to tile provisions of subsection (5) of

tll is section. any pcrwn of full age and capacity wlto-

(a ) lIas em igrated from Mal ta (wllet her before. on

o r afte r the 21M September. 196J) and. having been a

cit izen of Malta by virtue of section 22( 1) or 25( I) of the

Consti tution. lIasceased to be such a citue n; or

(b) emigrat ed from Ma lta before the 21s1

September. 1964 and. but for his having ceased to be a

ci tize n o f tile Un ited Kingdom and Colonies before tlla!

day. would have become a ci tiun o f Malta by virtue of

section 22( I ) of the Constitutio n.

may. on mak ing application therefor to the Ministe r in the

prescribed manner. be gran ted a certificate of naturalisation

as a ci tize n o f Malta.

(4 ) Subject to the provisions of subsection (5) of

this section. any perwn of full age and capacity ",ho proves

descen t from a person born ill Malt a and who is a citizen of a

cou ntry o ther than the cou nt ry in which he resides. a nd whose

nccess 10 tbe country of whi ch he is a ci tizen is restrictcd. may

on making appl ic,uion therefor 10 !he Minister in the

prescribed manner. be granted a certificate of naturalisation

as a citi~e n o f Mal ta

Provided that such person sltalll10l be entitled 10 ~

gramro a ce rtificate of naturalisation as a citizen of Malta

under the provisiom of this subsection if the Minister is

satisfied that the gran t ofcitizenshiptomch person iscomrary

to Ihe public il'l1CreSI.

(5) A person shall not be gr,al'l1ed 11 ce rlificale of

naturalisatio n as a citizcn of Malta under the foregoing

subsections of this sectioll unless and until he has made a

declaration in writing in the prescribed form o rltis willingness

10 renounce any other nationality or citizenship he may

possess and has taken an oath of allegiance in the form

specified in the Schedule 10 this Act.

(6) Subjecl to the provisions of subsections (7 ) and

(8) of Ihis :;.ection . a person sllall be entit led. on making

appl icat ion to the Min ister in the prescribed manner. 10 be

gran ted a cerlirIC31e of naturalisation as a citi:ten of Malta if lie

satisfIeS the Minister thal he is and always has becn slatcless.

"d-

(a)

that he was born in Malla.or

(b) Ihal his fat hcr was b citizen of Mall a at thc dale

of his binh by virtuc of Ihe provisions ofsubscction (2)of

section 22 or subsection (2) of seclion 25 of the

Consti tution or Iha t his mother was al that da te a citizen

ofMalUI.

(7) A person referred to m pal1lgraph (a) of

Subseclion (6) of this se<::lion shall not be cntitled to be grantcd

a certifica tc of naluralisation as a cilizen of Malla under Ihe

provisions o f that subsect ion iflhc Minister is satisfttd -

(a) that he has not been oroinarily reside nt in

Malta throughoulthc pcriodoffive YC31'$cnding with the

date of the application ; or

(b) that he has either been convicted in any

country of an offence against the security of the Slate or

has been sentenced in any country to a punish ment

restrict ivc of personallibeny for a lenn o f nOI less than

five yeal'$.

(8) A person referred 10 in paragraph (b) of

subsection (6) of th is seelion shall not be enti tled to be granted

a cerlificate of naturalisation as a ci tizen of Malta under the

provisions of that subsection if thc Min ister is satisfied -

(a) that he has nOl been o rdinarily residc nt in

Malta throughout the period of three )'cal'$ cnding with

the dale o f his application; or

(b) t!lat!le !las been convicted in any country of an

offence againsllhe security of thc Stale.

The Minister may cause the minor child of any

4. (I)

ci t i~en o f Malta to be granted a certificate of naturalisation as

a citi~en of Malta upon application made in the prescribed

man ner by lhe person wno according to law hllli au thority over

him.

(2) The Minister may. in such special

circumstances as he thinks fit. cause any minor 10 be gnnled a

certificate o f na turalisation lIli a citizen of Malta.

(I) Subject to the provisions of subsection (2) of

,~"" .. ,~ this section. a person registered as a citizen of Mal la under

:,=":~. sect ion 23. 24 or 26 o f the Constit ution o r gnnted a

cert ifica te of naturalisat ion under this Act shall b«:ome a

citi~cn of Malta by registration or naturalisation. as the case

may be. on the date on which he is registered or naturalised.

(2) If a person of fun age who is granted a

ce rtificat e of nalllralisation as a citizen o f Ma lta under this Act

o th er than subsection (6) of section 3 the reof does not

produce to such officer as the Minister may designate in that

behalf, within three month s of being grallted such ce rtificate

o f naturalisatioll or within such further period as the Minister

o r such officer may allow. ev idence suffieientto sa tisfy sueh

o fficer th .. t he has re nounced any ot her natio nality or

citizenship which he may have po5sessed. the certificate of

naturali sation of that person as a citizen of Malta shall be

ca ncelled and he shall be deemed never to have been so

natu ralised.

6 . Whcre a person ceases or has ceased to be a citizen of

Malta because his renunciation o f the ci tizensh ip of another

country. alt hough made with in the time c;stablished by law.

was not valid l)· made aooording to the law of the coun try

whose citi~ensh i p he has renounced. and the Minister is

satisfied that such ren uncia tion was made in circumstances in

which the said person was justmed to believe that it was

\"lIlidly made. the Minister shall. on the application o f the

sa me person. grant him a certificate of naturalisa tion as a

citi~en of Malta with effect from Ihe date on whi<:h he ceased

to be such ci tizen for the reason stated above ....

S. For subsection (I) o f section 8 o f the princi pal Act there shall

be substituted the following

.. ( I)

If any citizen o f Malt a o f full age and capaci ty who isalso

a nation~1 of I' foreign country makes H decla ration in the prescribed

manne r of re nuncia tion of ci ti1.Cnship of Malta . the Minister may

cause the declaration to be registered : a nd upon registration , that

person s h~,1I ce~,se to be a cit izen of Mal ta.".

Subsection (2) of se"ion 12 of the principal Act shall be Amrn<Jmen' of

renumbered as subsection (3) \h ereof and for subsection (I) thereof of'

there shall he substi tuted 1 he following

"(l) lnlhisACI -

(a) any reference to the fal her of a person $hllll. in

relation loa pe r~)O bom out of wedlock and nollegi limated be

construed as a rc:fcrena: 10 the mother of that pef50n;

(b) any reference to the father of a person who was

lawfully adopted before the 1st hnu3!')'. lrn, shall be

construed as a reference to the adopter and in the case of a

joint adoption. The male adopter ; Dnd

(c)

any reference \0 the parcnlJi of a person who was

lawfull y adopted on or after the ]st August . 1989. and wnowas

on th e effective da te of his adoption under the age of ten years.

shall be construed as a reference to the adoptcl'$.

(2)

For the pUTJX>SCs of Ihis Act;

(a) an adoption of any person made on or after the 1st

January. 1977. and be fore the 1st August . 1989. shall be

without e ffect and shall be treat ed as if it had not been made

,od

(b) an adoption of any person made on or aflCT the 1st

August. 1989. whoon the effective date o f his adoption was ten

years or over, shall be without effect and shall be treated as if it

had not been made ....

Fo r the schedules 10 the principal Act there shall be substituted

the foIlO\o\'ing

"SOIEDUJ.E

Oath of AII .. giQncr

(S«tioru 3 tlnd 51

solc:mnly swear/affirm that 1 will

bear true fai th and allegiance to the People and the Republic of Malta

and its C onstitution. {So help me God) ....

Passed by the House of Representa tives al Silling No. 212 o f the 20th July . 1989.

L AWRENCE GONZ!

SJHl<ktr

P . M USCAT T E RRIIJ1LE

Clerk ID the House of Representtlli"tj

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PvbIU/lNb, . . ~ofl~f-

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