ACT No. XV of 2020 AN ACT to amend the Maltese Citizenship Act, Cap. 188.

I assent.

(L.S.)

GEORGE VELLA

President

3rd April, 2020

ACT No. XV of 2020

AN ACT to amend the Maltese Citizenship Act, Cap. 188.

BE IT ENACTED by the President, by and with the advice and

consent of the House of Representatives, in this present Parliament

assembled, and by the authority of the same, as follows:-

(1) The short title of this Act is the Maltese Citizenship

(Amendment) Act, 2020, and this Act shall be read and construed as

one with the Maltese Citizenship Act, hereinafter referred to as "the

principal Act".

(2) This Act shall come into force on such date as the Prime

Minister may by notice in the Gazette establish, and different dates

may be so established for different provisions of this Act.

Article 3 of the principal Act shall be amended as follows

(a) in the proviso to sub-article (1) thereof, for the words

"born in Malta." there shall be substituted the words "born in

Malta:" and immediately thereafter, there shall be added the

following new proviso

"Provided further that the person mentioned in the

preceding proviso who proves that he is a descendant in the

direct line of an ascendant born in Malta of a parent likewise

born in Malta shall be entitled, upon making an application as

may be prescribed and upon taking the oath of allegiance, to be

registered as a citizen of Malta. The provisions of sub-articles

(4), (5) (6) and (7) shall apply mutatis mutandis.";

(b) immediately after sub-article (6) thereof, there shall

be added the following new sub-article

"(7) No person shall be registered under this article

unless the Minister is satisfied that the grant of citizenship

to such person is not contrary to the public interest.".

Article 4 of the principal Act shall be amended as follows

Amendment of

article 4 of the

principal Act.

(a) in sub-article (4) thereof, for the words "article

44(4)(b)" there shall be substituted the words "article 44(4)(a) or

(b)"; and

(b) paragraph (b) of sub-article (6) thereof shall be

substituted by the following

"(b) on the date of the application and on the date of

registration, such person is still married to a citizen of

Malta and still living with him and had been, on the date of

application, so married and living with that citizen for at

least five years

Provided that in the case of the widow or

widower of a person who was a citizen of Malta, such

citizen had at the time of his death been married to that

person and living with him or her for at least five years and

was still living with him or her at the time of his death, or

who, on the date of application, would but for his death,

have been married to that person for five years and was on

the date of his death living with that person and had so

lived since marriage.".

Article 5 of the principal Act shall be amended as follows

Amendment of

article 5 of the

principal Act.

(a) in the third proviso to sub-article (1) thereof, for the

words "citizenship is established." there shall be substituted the

words "citizenship is established:" and immediately thereafter,

there shall be added the following new proviso

"Provided further that if the person mentioned

in the second proviso, has not become a citizen of Malta

but proves that he is a descendant in the direct line of an

ascendant born in Malta of a parent likewise born in Malta,

that person shall be entitled, upon making an application as

may be prescribed and upon taking the oath of allegiance,

to be registered as a citizen of Malta. The provisions of

sub-articles (4), (5), (6) and (8) shall apply mutatis

mutandis;";

(b) immediately after sub-article (7) thereof shall be

added the following new sub-article

"(8) No person shall be registered under this article

unless the Minister is satisfied that the grant of citizenship

to such person is not contrary to the public interest.".

Paragraph (b) of sub-article (2) of article 6 of the principal

Act shall be substituted by the following

"(b) on the date of the application and on the date of

registration, such person is still married to a citizen of Malta and

still living with him and had been, on the date of application, so

married and living with that citizen for at least five years

Provided that in the case of the widow or widower of

a person who was a citizen of Malta, such citizen had at the time

of his death been married to that person and living with him or

her for at least five years and was still living with him or her at

the time of his death, or who, on the date of application, would

but for his death, have been married to that person for five years

and was on the date of his death living with that person and had

so lived since marriage.".

Sub-article (5) of article 10 of the principal Act shall be

substituted by the following

"(5) Except as otherwise provided in this Act, and in

all cases provided for in this article, a person shall not be

granted a certificate of naturalisation as a citizen of Malta

unless and until he has taken an oath of allegiance in the

form specified in the Schedule to this Act.".

In article 12 of the principal Act, the words "under article 4 or

6 of this Act" shall be deleted.

Sub-article (3) of article 14 of the principal Act shall be

substituted by the following

"(3) The Minister shall not deprive a person of citizenship

under this article unless he is satisfied that it is not contrary to the

public interest that, that person continues to be a citizen of Malta

and, in the case referred to in sub-article (2)(c), it appears to him

that, that person would not thereupon become stateless and in the

case of sub-article 2(d) only, if during the period in question it

has been shown that his conduct is seriously prejudicial to the

vital interests of Malta or it has emerged that he is a threat to

public security or public policy.".

In article 16 of the principal Act, for the words "any woman" Amendment of

article 16 of the

there shall be substituted the words "any person".

principal Act.

Article 17 of the principal Act shall be amended as follows

Amendment of

article 17 of the

principal Act.

(a) the marginal note thereof shall be substituted by the

words "Reference to terms.";

(b) in paragraph (a) of sub-article (1) thereof, for the

words "mother of that person;" there shall be substituted the

words "mother of that person:" and immediately thereafter, there

shall be added the following new proviso

"Provided that any reference to the father of a person

born after the 1st January 2005 shall be construed as a

reference to the parent of that person;"; and

(c) in paragraph (b) of sub-article (2) thereof, for the

words "ten years" there shall be substituted the words "eighteen

years".

Article 27 of the principal Act shall be amended as follows

Amendment of

article 27 of the

principal Act.

(a) sub-article (2) thereof shall be substituted by the

following

"(2) This Act shall not apply with regard to

any application for registration as a citizen of

Malta in terms of articles 4 and 6 filed before

the 15th day of August, 1999

Provided that the registration as a

citizen of Malta made in terms of articles 4 and

6 prior to the enactment of the Maltese

Citizenship (Amendment) Act, 2020 shall not be

Act No. XV of

2020. affected in any way by the provisions of the said

Act."; and

(b) immediately after sub-article (2) thereof as

substituted, there shall be added the following new sub-article

"(3) The acquisition of Maltese citizenship

by registration in terms of articles 3 and 5,

prior to the enactment of the Maltese

Act No. XV of

Citizenship (Amendment) Act, 2020 shall not

2020. be affected by articles 3(7) and 5(8) enacted by

the said Act.".

Passed by the House of Representatives at Sitting No. 316 of the

30th March, 2020.

ANĠLU FARRUGIA

Speaker

RAYMOND SCICLUNA

Clerk of the House of Representatives

€0.54