MALTESE CITIZENSHIP ACT

M A LT E S E CIT I ZE NSHIP

CHAPTER 188

MALTESE CITIZENSHIP ACT

To provide for the acquisition, deprivation and renunciation of citizenship of Malta and for

purposes incidental to or connected with the matters aforesaid.

21st September, 1964

ACT XXX of 1965, as amended by Acts: II of 1970, XXXI of 1972, LVIII of 1974, XXXI of

1975, IX of 1977, XIII of 1983, XXIV of 1989, IV of 2000 and X of 2007; Legal Notice 410 of

2007; Act XV of 2013, XXIV of 2017, XXVI of 2017 , XV and XXXVIII of 2020 and XXI of 2025.

The short title of this Act is the Maltese Citizenship Act.

[ ARTICLE 10]

O ATH O F A LLEGIANCE

I,.......................................................... solemnly swear/affirm

that I will bear true faith and allegiance to the People and the

Republic of Malta and its Constitution. (So help me God).

(1)

In this Act, unless the context otherwise requires -

"alien" means a person who is not a citizen of Malta;

"appointed day" has the same meaning as is assigned to it by

article 124 of the Constitution;

"certificate of naturalisation" means a certificate of

naturalisation granted under this Act;

"the Constitution" means the Constitution of Malta;

"foreign country" means a country other than Malta;

"Malta" has the same meaning as is assigned to it by article 124

of the Constitution of Malta;

"Maltese consulate" means an office of a consular officer of the

Government of Malta where a register of births or residents is kept

or, where there is no such office, such office as may be prescribed;

"the Minister" means the Minister for the time being responsible

for matters relating to Maltese citizenship and, to the extent of the

authority given, includes any person authorised by such Minister to

act on his behalf;

"oath", "swear" and "affidavit" include, in the case of persons

allowed by any law to make a declaration or affirmation instead of

taking an oath, a declaration or affirmation;

"prescribed" means prescribed by regulations made under this

Act;

"stateless" means destitute of any nationality and "stateless

person" shall be construed accordingly.

(2) For the purpose of this Act, a person born aboard a

registered ship or aircraft, or aboard an unregistered ship or aircraft

of the government of any country, shall be deemed to have been

born in the place in which the ship or aircraft was registered or, as

the case may be, in that country.

(3) A person shall, for the purposes of this Act, be of full age if

he has attained the age of eighteen years and of full capacity if he is

not of unsound mind.

PART I

CITIZENSHIP ACQUIRED ON THE APPOINTED DAY AND BY

REGISTRATION BY CERTAIN OTHER PERSONS

(1) Every person who, having been born in Malta, was on

the day before the appointed day a citizen of the United Kingdom

and Colonies, shall be deemed to have acquired Maltese citizenship

on the appointed day

Provided that a person shall not be deemed to have become

a citizen of Malta by virtue of this subarticle if neither of his

parents was born in Malta

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.

(2) Every person who, having been born outside Malta, was on

the day before the appointed day a citizen of the United Kingdom

and Colonies shall, if his father became, or would but for his death

have become, a citizen of Malta in accordance with the provisions

of subarticle (1), be deemed to have become a citizen of Malta on

the appointed day

Provided that a person born outside Malta before the

appointed day of a mother who became, or would but for her death

have become, a citizen of Malta in accordance with the provisions

of subarticle (1), 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.

(3) Any person born outside Malta before the appointed day

who proves he is a descendant in the direct line of an ascendant

born in Malta of a parent likewise born in Malta shall, subject to

the following provisions of this article, 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.

(4) Any ascendant as provided in subarticle (3) who dies before

the 1st August 2028 and who would, but for his death, have been

entitled to acquire Maltese citizenship under this article, shall be

deemed to have acquired such citizenship for the purposes of

subarticle (3).

(5) Where any of the parents of a person applying to be

registered as a citizen of Malta by virtue of subarticle (3) was alive

on 1st August 2028 (for the purposes of this article referred to as

"the relevant parent") and the relevant parent is also a descendant

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

born in Malta, such person shall not be entitled to be registered as a

citizen of Malta by virtue of subarticle (3) unless the relevant

parent had at any time acquired Maltese citizenship under this

article; so however that any such relevant parent who dies before

1st August 2028 and who would have been entitled to acquire such

citizenship under subarticle (3) shall be deemed to have acquired

such citizenship for the purposes of that subarticle.

(6) The person applying to be registered as a citizen of Malta

under subarticle (3) shall be entitled to be registered as a citizen of

Malta if the relevant parent dies after the 1st August 2028 and the

relevant parent had applied for and would have been entitled to be

granted Maltese citizenship under this 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.

(1) Any person who on the day before the appointed day

was or had been married to a person -

(a) who became a citizen of Malta by virtue of article 3; or

(b) who having died before the appointed day would, but

for his or her death, have become a citizen of Malta by

virtue of that article,

shall be entitled upon making an application in such manner as may

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

registered as a citizen of Malta.

(2) Any person who on the day before the appointed day was

or had been married to a person who, on or after the appointed day,

became a citizen of Malta shall be entitled upon making an

application in such manner as may be prescribed and upon taking

the oath of allegiance, to be registered as a citizen of Malta.

(3) The provisions of subarticles (1) and (2) shall be without

prejudice to the provisions of article 3.

(4) Any person who in accordance with article 44(4)(a) or (b) of

the Constitution is deemed to be a citizen of Malta for the purposes

of that article, and who has returned to, and taken up permanent

residence in, Malta, shall be entitled, upon making an application in

such manner as may be prescribed and upon taking the oath of

allegiance, to be registered as a citizen of Malta.

(5) Notwithstanding any other provision of this Act, but

without prejudice to article 65(3) of Act LVIII of 1974, a person

shall not be entitled to be registered as a citizen of Malta more than

once under the same provisions of this Act.

(6) No person shall be entitled to be registered as a citizen of

Malta under subarticles (1) and (2), unless -

(a) the Minister is satisfied that the grant of citizenship to

such person is not contrary to the public interest; and

(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.

PART II

ACQUISITION OF CITIZENSHIP BY BIRTH OR DESCENT

(1) Every person born in Malta on or after the appointed

day shall be deemed to have become or shall become, a citizen of

Malta at the date of his birth

Provided that in the case of a person born on or before the

31st July, 1989, such person shall not be deemed to have become a

citizen of Malta by virtue of this subarticle if at the time of his

birth -

(a) neither of his parents was a citizen of Malta and his

father possessed such immunity from suit and legal

process as is accorded to an envoy of a foreign

sovereign power accredited to Malta; or

(b) his father was an enemy alien and the birth occurred in

a place then under occupation by the enemy

Provided further that in the case of a person born on or

after the 1st August, 1989 such person shall not become a citizen of

Malta by virtue of this subarticle unless at the time of his birth, his

father or his mother was or is

(a) a citizen of Malta; or

(b) a person referred to in article 44(4)(a) or (b) of the

Constitution;

Provided further that the preceding two provisos of this

subarticle shall not apply in the case of a new-born infant found

abandoned in any place in Malta who would in virtue thereof be

stateless, and any such infant shall remain a citizen of Malta until

his right to any other citizenship is established

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;

(2) A person born outside Malta on or after the appointed day

shall be deemed to have become or shall become a citizen of Malta

at the date of his birth

(a) in the case of a person born on or before the 31st July,

1989, if at the date of such person’s birth, his father

was a citizen of Malta otherwise than by virtue of this

subarticle or article 3(2)

Provided that a person born on or before the 31st

July, 1989, if at the date of such person’s birth his

mother was a citizen of Malta otherwise than by virtue

of this subarticle or article 3(2) 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; and

(b) in the case of a person born on or after the 1st August,

1989, if at the date of such person’s birth, his father or

mother is a citizen of Malta otherwise than by virtue of

this subarticle, subarticle (3) of this article or

subarticle (2) or (3) of article 3.

(3) A person born outside Malta on or after the appointed day

who proves 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

Provided that when the said person is a minor, any such

person who according to law has authority over that minor, may

submit an application for the registration of the said minor as a

citizen of Malta.

(4) Any ascendant as provided in subarticle (3) who dies before

the 1st August 2028 and who would, but for his death, have been

entitled to acquire Maltese citizenship under this article, shall be

deemed to have acquired such citizenship for the purposes of

subarticle (3).

(5) Where any of the parents of a person applying to be

registered as a citizen of Malta by virtue of subarticle (3) was alive

on 1st August 2028 (for the purposes of this article referred to as

"the relevant parent") and the relevant parent is also a descendant

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

born in Malta, such person shall not be entitled to be registered as a

citizen of Malta by virtue of subarticle (3) unless the relevant

parent had at any time acquired Maltese citizenship under this

article or under article 3; so however that any such relevant parent

who dies before 1st August 2028 and who would have been entitled

to acquire such citizenship under subarticle (3) or under subarticle

(3) of article 3 shall be deemed to have acquired such citizenship

for the purposes of that subarticle.

(6) Where any of the parents of a person applying to be

registered as a citizen of Malta by virtue of subarticle (3) was born

on or after 1st August 2028 (for the purposes of this article referred

to as "the relevant parent") and the relevant parent is also a

descendant in the direct line of an ascendant born in Malta of a

parent likewise born in Malta, such person shall not be entitled to

be registered as a citizen of Malta by virtue of subarticle (3) unless

the relevant parent had at any time acquired Maltese citizenship

under this article.

(7) The person applying to be registered as a citizen of Malta

under subarticle (3) shall be entitled to be registered as a citizen of

Malta if the relevant parent dies after the 1st August 2028 and the

relevant parent had applied for and would have been entitled to be

granted Maltese citizenship under this article or under article 3.

(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.

PART III

CITIZENSHIP ACQUIRED BY REGISTRATION AFTER

MARRIAGE

(1) Any person who on or after the appointed day marries a

person who is or becomes a citizen of Malta shall be entitled, upon

making application in such manner as may be prescribed and upon

taking the oath of allegiance, to be registered as a citizen of Malta.

(2) No person shall be entitled to be registered as a citizen of

Malta in virtue of this article unless

(a) the Minister is satisfied that the grant of citizenship to

such person is not contrary to the public interest; and

(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.

PART IV

MULTIPLE CITIZENSHIP

It shall be lawful for any person to be a citizen of Malta,

and at the same time a citizen of another country.

Any person who prior to the coming into force of this

article was deemed under the provisions of the Constitution of

Malta or of any other law to have ceased to be a citizen of Malta

because of the possession or acquisition, voluntary or involuntary

of any other citizenship, shall be entitled upon making application

in such manner as may be prescribed and upon taking the oath of

allegiance, to be registered as a citizen of Malta

Provided that no person shall be entitled to be registered as

a citizen of Malta under this article if such person had been a

citizen of Malta other than by virtue of articles 3 or 5 or by virtue

of articles 22 or 25 of the Constitution as in force prior to the

coming into force of the Constitution (Amendment) Act, 2000, and

the Minister is satisfied that the grant of citizenship to such person

is contrary to the public interest.

Any person who was at any time a citizen of Malta in terms

of articles 3 or 5 of this Act or in terms of articles 22 or 25 of the

Constitution as in force prior to the coming into force of the

Constitution (Amendment) Act 2000, and resided in any country

outside Malta for an aggregate period of at least six years, acquired

or retained the citizenship of any other country, shall be deemed not

to have ever ceased to be a citizen of Malta.

PART V

CITIZENSHIP BY NATURALISATION

(1) An alien or a stateless person, being a person of full

age and capacity, on making application therefor to the Minister in

t h e p r e s c r i b e d m a n n e r, m a y b e g r a n t e d a c e r t i f i c a t e o f

naturalisation as a citizen of Malta if he satisfies the Minister -

(a) that he has resided in Malta throughout the period of

twelve months immediately preceding the date of

application; and

(b) that, during the six years immediately preceding the

said period of twelve months, he has resided in Malta

for periods amounting in the aggregate to not less than

four years; and

(c) that he has an adequate knowledge of the Maltese or

the English language; and

(d) that he is of good character; and

(e) that he would be a suitable citizen of Malta

Provided that the Minister may, if he so thinks fit in the

special circumstances of any particular case, allow periods of

residence earlier than seven years before the date of application to

be reckoned in computing the aggregate mentioned in paragraph

(b)

Provided further that the requirements of paragraph (c) shall

not apply to any person on behalf of whom an application is submitted

with the authorisation of the Civil Court (Voluntary Jurisdiction) under

sub-article (3) of article 21 .

(2) Any person of full age and capacity born outside Malta

may, on m akin g ap pli catio n therefo r to the Mini ster in th e

prescribed manner, be granted a certificate of naturalisation as a

citizen of Malta -

(a) if his father, or in the case of a person born on or after

the 1st August, 1989, if either of his parents became,

or would but for his death have become, a citizen of

Malta by virtue of article 3(2), or

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

the 1st August, 1989, if either of his parents, at the

time of that person’s birth, was, or would but for his

death have been, a citizen of Malta by virtue of article

5(2)

(3)

Any person of full age and capacity who -

(a) has emigrated from Malta (whether before, on or after

the 21st September, 1964) and, having been a citizen

of Malta by virtue of article 3(1) or article 5(1), has

ceased to be such a citizen; or

(b) emigrated from Malta before the 21st September, 1964

and, but for his having ceased to be a citizen of the

United Kingdom and Colonies before that day, would

have become a citizen of Malta by virtue of article

3(1),

may, on making application therefor to the Minister in the

prescribed manner, be granted a certificate of naturalisation as a

citizen of Malta.

(4) Any person of full age and capacity who proves descent

from a person born in Malta and who is a citizen of a country other

than the country in which he resides, and whose access to the

country of which he is a citizen is restricted, may on making

application therefor to the Minister in the prescribed manner, be

granted a certificate of naturalisation as a citizen of Malta

Provided that such person shall not be entitled to be granted

a certificate of naturalisation as a citizen of Malta under the

provisions of this subarticle if the Minister is satisfied that the

grant of citizenship to such person is contrary to the public interest.

(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.

(6) Subject to the provisions of subarticles (7) and (8), a person

shall be entitled, on making application to the Minister in the

prescribed manner, to be granted a certificate of naturalisation as a

citizen of Malta if he satisfies the Minister that he is and always has

been stateless, and -

(a) that he was born in Malta, or

(b) that his father was a citizen of Malta at the date of his

birth by virtue of the provisions of article 3(2) or

article 5(2) or that his mother was at that date a citizen

of Malta.

(7) A person referred to in subarticle (6)(a) shall not be entitled

to be granted a certificate of naturalisation as a citizen of Malta

under the provisions of that subarticle if the Minister is satisfied -

(a) that he has not been ordinarily resident in Malta

throughout the period of five years ending 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 State or has been

sentenced in any country to a punishment restrictive of

personal liberty for a term of not less than five years.

(8) A person referred to in subarticle (6)(b) shall not be entitled

to be granted a certificate of naturalisation as a citizen of Malta

under the provisions of that subarticle if the Minister is satisfied -

(a) that he has not been ordinarily resident in Malta

throughout the period of three years ending with the

date of his application; or

(b) that he has been convicted in any country of an offence

against the security of the State.

(9) Notwithstanding the provisions of this Act or any other Act,

the Minister may grant a certificate of naturalisation as a citizen of

Malta by merit to an alien or stateless person, namely to a person

who renders exceptional services or who makes an exceptional

contribution, including through job creation, to the Republic of

Malta or to humanity, or whose naturalisation is of exceptional

interest to the Republic of Malta

Provided that for the purposes of this sub-article,

"exceptional" means manifestly superior or adding value, and

"exceptional services" and "exceptional contributions" shall refer

t o se r vi c e s r e n de r e d an d c o n t r i bu t i o ns m a d e b y s c ie n ti s ts ,

researchers, athletes, sports persons, artists, cultural performers,

entrepreneurs, philanthropists and technologists, amongst other

persons of interest to the Republic of Malta from time to time, or to

humanity and "exceptional interest" shall refer to any person who

shall be deemed by the Minister to possess the necessary skills,

profile, qualities, talents and expertise that are considered to

significantly advance or benefit the national interest of the

Republic of Malta

Provided further that the Minister may also grant a

certificate of naturalisation to an eligible dependent of an alien or a

stateless person as referred to above

Provided further that an application is submitted by such

person in such manner as may be prescribed and upon taking the oath

of allegiance in Malta.

(1) The Minister may cause the minor child of any citizen

of Malta to be granted a certificate of naturalisation as a citizen of

Malta upon application made in the prescribed manner by the

person who according to law has authority over him.

(2) The Minister may, in such special circumstances as he

thinks fit, cause any minor to be granted a certificate of

naturalisation as a citizen of Malta.

A person registered as a citizen of Malta or granted a

certificate of naturalisation under this Act shall become a citizen of

Malta by registration or naturalisation, as the case may be, on the

date on which he is registered or naturalised.

PART VI

RENUNCIATION AND DEPRIVATION OF CITIZENSHIP

(1) If any citizen of Malta of full age and capacity who is

also a national of a foreign country makes a declaration in the

prescribed manner of renunciation of citizenship of Malta, the

Minister may cause the declaration to be registered; and upon

registration, that person shall cease to be a citizen of Malta.

(2) The Minister may refuse to register any declaration of the

kind mentioned in subarticle (1) if it is made during any war in

which Malta may be engaged or if, in his opinion, it is otherwise

contrary to public policy.

(1) Subject to the provisions of this article, the Minister

may by order deprive of his Maltese citizenship any citizen of

Malta who is such by registration or naturalisation if he is satisfied

that the registration or certificate of naturalisation was obtained by

means of fraud, false representation or the concealment of any

material fact.

(2) Subject to the provisions of this article, the Minister may by

order deprive of his Maltese citizenship any citizen of Malta who is

such by registration or by naturalisation if he is satisfied that the

citizen -

(a) has shown himself by act or speech to be disloyal or

disaffected towards the President or the Government

of Malta; or

(b) has, during any war in which Malta was engaged,

unlawfully traded or communicated with an enemy or

been engaged in or associated with any business that

was to his knowledge carried on in such a manner as to

assist an enemy in that war; or

(c) has, within seven years after becoming naturalised, or

being registered as a citizen of Malta, been sentenced

in any country to a punishment restrictive of personal

liberty for a term of not less than twelve months; or

(d) has been ordinarily resident in foreign countries for a

continuous period of seven years and during that

period has neither -

(i)

been at any time in the service of the Republic or

of an international organisation of which the

Government of Malta was a member; or

(ii) given notice in writing to the Minister of his

intention to retain citizenship of Malta.

(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.

(4) Before making an order under this article, the Minister shall

give the person against whom the order is proposed to be made

notice in writing informing him of the ground on which it is

proposed to be made and of his right to an inquiry under this

article; and if that person applies in the prescribed manner for an

inquiry, the Minister shall refer the case to a committee of inquiry

consisting of a chairman, being a person possessing judicial

experience, appointed by the Minister and of such other members

appointed by the Minister as he thinks proper.

(5) The Minister may make rules for the practice and procedure

to be followed in connection with a committee of inquiry appointed

under this article, and such rules may, in particular, provide for

conferring on any such committee any powers, rights or privileges

of any court, and for enabling any powers so conferred to be

exercised by one or more members of the committee.

(1) A citizen of Malta who is deprived of his citizenship

by an order of the Minister under article 14 shall, upon the making

of the order, cease to be a citizen of Malta.

(2) The renunciation by any person of his Maltese citizenship

or the deprivation of any person’s Maltese citizenship under the

provisions of this Part of this Act shall not affect the liability of

t h a t p e r s o n f o r a n y o ff e n c e c o m m i t t e d b y h i m b e f o r e t h e

renunciation or deprivation of his citizenship.

PART VII

SUPPLEMENTAL

For the purposes of Parts V and VI of this Act, any person

who has been married shall be deemed to be of full age.

(1) In this Act -

(a) any reference to the father of a person shall, in relation

to a person born out of wedlock and not legitimated be

construed as a reference to the mother of that person

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;

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

lawfully adopted before the 1st January, 1977, shall be

construed as a reference to the adopter and in the case

of a joint adoption, the male adopter;

(c) any reference to the parents of a person who was

lawfully adopted on or after the 1st August, 1989, and

who was on the effective date of his adoption under the

age of ten years, shall be construed as a reference to the

adopters; and

(d) any reference to the parents of a person who was lawfully

adopted on or after the 1st August 2020 and who was on

the effective date of his adoption under the age of

eighteen (18) years, shall be construed as a reference to

the adopters.

(2)

For the purposes of this Act

(a)

the adoption of any person made on or after the 1st

January 1977 and before the 1st August 1989 shall be

without effect and shall be treated as if it had not been

made;

(b)

the adoption of any person made on or after the 1st

August, 1989 and before the 1st August 2020 who on

the effective date of his adoption was ten (10) years or

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

had not been made;

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

August 2020 who on the effective date of his adoption

was eighteen (18) years or over, shall be without effect

and shall be treated as if it had not been made.

(3) Where after the commencement of this Act a newborn

infant is found abandoned in any place in Malta, that infant shall,

unless the contrary is shown, be deemed to have been born in Malta

and in any such case the provisions of the third proviso to article

5(1) shall apply to such infant.

Any reference in this Act to the national status of the father

of a person at the time of that person’s birth shall, in relation to a

person born after the death of his father, be construed as a reference

to the national status of the father at the time of the father’s death;

and where that death occurred before, and the birth occurs on or

after the appointed day as defined in article 124 of the Constitution,

the national status that the father would have had if he had died on

the appointed day shall be deemed to be his national status at the

time of his death.

The Minister shall not be required to assign any reason for

the grant or refusal of any application under this Act and the

decision of the Minister on any such application shall not be

subject to appeal to or review in any court.

The Minister may in such cases as he thinks fit, on the

application of any person with respect to whose citizenship of

Malta a doubt exists, whether on a question of fact or law, certify

that that person is a citizen of Malta; and a certificate issued under

this article shall, unless it is proved that it was obtained by means

of fraud, false representation or concealment of any material fact,

be conclusive evidence that that person was such a citizen on the

date thereof, but without prejudice to any evidence that he was such

a citizen at an earlier date.

(1) Every application under this Act shall be made to the

Minister.

(2)

Every application to the Minister under this Act -

(a) shall be accompanied by the prescribed fee (if any);

(b) where the form of any such application is prescribed

under this Act, shall be made in such form with such

variations as the circumstances require and the

Minister accepts;

(c) shall be supported by such evidence of the statements

made therein as may be prescribed under this Act or as

the Minister may require; and

(d) shall be verified by an affidavit made before a

magistrate or commissioner for oaths.

(3) Notwithstanding the other provisions of this Act or of any

regulations made thereunder, an application in respect of a person

of full age but not of full capacity may be made on behalf of such

person by a curator or guardian duly authorised by a decree of the

Civil Court (Voluntary Jurisdiction) after the Court is satisfied that

the application is in the best interests of the said person

Provided that, without prejudice to the second proviso to

article 10(1), all other criteria which must be satisfied by a person

of full age and full capacity must likewise be satisfied when an

application is submitted under this sub-article

Provided further that the acquisition of Maltese citizenship

under this sub-article shall not be subject to the requirement of

taking an oath of allegiance.

(1) Every document purporting to be a notice, certificate,

order or declaration, or any entry in a register, or a subscription of

an oath of allegiance or declaration of renunciation, given, granted

or made under this Act, shall be received in evidence, and shall,

unless the contrary is proved, be deemed to have been given,

granted or made by or on behalf of the person by whom or on

whose behalf it purports to have been given, granted or made.

(2)

Prima facie evidence of any such document as aforesaid

may be given by production of a document purporting to be

certified as a true copy thereof by such person and in such manner

as may be prescribed.

(3) Any entry in a register made under this Act shall be

received as evidence of the matters stated in the entry.

(1) Any person who, for the purpose of procuring anything

to be done or not to be done under this Act, makes any statement

which he knows to be false in a material particular, or recklessly

makes any statement which is false in a material particular, shall be

guilty of an offence and liable on conviction to imprisonment for a

period not exceeding six months or to a fine (multa) of not less than

one hundred and sixteen euro and forty-seven cents (116.47) nor

more than two hundred and thirty-two euro and ninety-four cents

(232.94) or to both such imprisonment and fine.

(2) Any person who fails to comply with any requirement

imposed on him by regulations made under this Act with respect to

the delivering up of certificates of naturalisation or certificates of

registration shall be guilty of an offence and liable on conviction to

imprisonment for a period not exceeding six months or to a fine

(multa) of not less than one hundred and sixteen euro and forty-

seven cents (116.47) nor more than two hundred and thirty-two

euro and ninety-four cents (232.94) or to both such imprisonment

and fine.

(3) Any person who for gain and without being duly authorised, in

violation of regulations made under this Act, advertises, publishes or

disseminates publicly through any means whatsoever any information

relating to the granting of citizenship by naturalisation referred to in

article 10(9) shall be guilty of an offence against this Act and shall, on

conviction, be liable to a fine (multa) not exceeding twenty thousand

euro (€20,000).

(1) The President of Malta may by regulations make

provision generally for carrying into effect the purposes of this Act

and in particular -

(a) for prescribing anything which is to be prescribed

under this Act;

(b) for the registration of anything required or authorised

under this Act to be registered;

(c) for the administration and taking of oaths of allegiance

under this Act, for the time within which oaths of

allegiance shall be taken and for the registration of

oaths of allegiance;

(d) for the giving of any notice required or authorised to

be given to any person under this Act;

(e) for the cancellation of the registration of, and the

cancellation and amendment of certificates relating to

persons deprived of citizenship under this Act, and for

requiring such certificates to be delivered up for those

purposes;

(f)

for the registration of the births and deaths of persons

of any class or description born or dying elsewhere

than in Malta and otherwise for registration at Maltese

consulates;

(g) for enabling the births and deaths of citizens of Malta

born or dying in any country in which the Government

of Malta has for the time being no diplomatic or

consular representative to be registered by persons

serving in the diplomatic, consular or other foreign

service of any country which, by arrangement with the

Government of Malta, has undertaken to represent that

Government’s interest in that country, or by a person

authorised in that behalf by the President of Malta, and

for the registration thereby of citizens of Malta

ordinarily resident outside Malta;

(h) for prescribing forms, and providing for the imposition

and recovery of fees, in respect of any application made

to the Minister or in respect of any registration, or the

making of any declaration, or the granting of any

certificate, or the taking of any oath of allegiance,

authorised to be made, granted or taken by or under this

Act, and for providing a certified copy of any notice,

certificate, order, declaration or entry, given, granted or

made as aforesaid, and for providingor any contributions

or investments or other fees of whatever nature in respect

of the granting of citizenship by naturalisation and

providing that the provisions or any of the provisions of

the Fees Ordinance shall apply to such fees as if they

were fees prescribed thereunder;

(i)

Deleted by Act XXI.2025.7.

(j)

for prescribing the requirements for and administration

of the grant of citizenship under article 10(9) and for

the granting of a certificate of naturalisation as a

citizen of Malta to an applicant meeting such

requirements as may be prescribed;

(k) for prescribing for the publication of names of persons

applying for Maltese citizenship by naturalisation and

registration of names of persons who were deprived of

Maltese citizenship.

(2) Any regulations made under this article shall be laid before

the House of Representatives as soon as may be after they are

made, and if, within the next twenty days beginning with the day on

which any such regulations are so laid before it, the House of

Representatives resolves that the regulations be annulled, they shall

thenceforth be void, but without prejudice to anything previously

done thereunder or to the making of any new regulations

Provided that there shall not be included in the computation

of the said twenty days any period of four or more consecutive days

intervening between any two consecutive sittings of the House of

Representatives.

(1)

The Prime Minister, after consulting the Leader of

the Opposition, shall appoint as a Regulator for the purposes of the

application process for the granting of Maltese citizenship by

naturalisation in accordance with article 10(9) by collating and

analysing data and information, a person who has held the office of

Judge or Magistrate, or who has held the office of Attorney General,

State Advocate, Permanent Secretary, Director General or Director of

the Public Service, or who has practiced as an advocate or auditor or

accountant in Malta for a period of at least twelve (12) years

Provided that during such time when a Regulator is not

appointed the Ombudsman appointed under the Ombudsman Act shall

act ex officio as Regulator.

(2) The Regulator shall hold office in accordance with the

terms of his appointment.

(3) In addition to his functions under this Act and such other

functions as may be assigned to him under any law the Regulator shall

ensure that the process of the granting of Maltese citizenship by

naturalisation in accordance with article 10(9) is duly followed.

(4) The Prime Minister may by regulations assign to the

Regulator any other function related to citizenship.

(5) In the discharge of his functions under this Act, the

Regulator shall act in his individual judgment and shall not be

subject to the direction or control of any other person or authority.

(6) It shall be the duty of the Agency in the administration of

applications for the granting of Maltese citizenship by naturalisation in

accordance with article 10(9) or of any other matter in relation to

which the Regulator is assigned functions under sub-article (4) to give

to the Regulator such documents or information as he may require for

the purpose of enabling him to discharge his functions.

(7) The Regulator may at any time report to the Minister on any

matter relating to the discharge of his functions under this Act.

(8) The Regulator shall make an annual report to the Minister on

the discharge of his functions as provided under article 25(1). In his

report, the Regulator shall not include personal data relating to

individuals who have acquired Maltese citizenship by naturalisation in

accordance with article 10(9).

(9) The Minister shall lay a copy of each annual report made by

the Regulator under subarticle (8) on the Table of the House as

soon as possible after the report is made to him.

(1) The Regulator may also investigate complaints received

by the applicant in the prescribed form, about the application process

for the granting of Maltese citizenship by naturalisation on the basis of

merit, which resulted in the refusal of such application in the manner

prescribed under this Act.

(2)

The Regulator shall present his conclusions to the Minister.

(1) There shall be a Committee, to be known as the

Monitoring Committee, to monitor the workings for the process of the

granting of Maltese citizenship by naturalisation on the basis of merit.

(2) The Monitoring Committee shall consist of the Prime

Minister, the Minister and the Leader of the Opposition. The

meetings of the Committee shall be presided by the Prime Minister

and the Committee shall regulate its own procedure.

(3) The Monitoring Committee shall meet at least once a year,

and it shall be entitled to call the Regulator to report to the

Committee at its meetings.

PART VIII

PROVISIONS RELATING TO TIME

(1) The Minister and any officer of the Government

authorised in that behalf by the Minister may

(a) declare that any period specified in Chapter III of the

Constitution of Malta as it was in force prior to the

enactment of the Constitution of Malta (Amendment)

Act, 2000, within which a person therein referred to

could have made an application for registration, shall,

in relation to any such person who is of unsound mind

during that period, be so extended as to permit, in the

opinion of the Minister or such authorised officer, such

person when of sound mind an opportunity of making

application for registration under the said Chapter III

as it was in force prior to the enactment of the

Constitution of Malta (Amendment) Act, 2000;

(b) in any other case in which he is satisfied that any

person referred to in Chapter III of the Constitution of

Malta as it was in force prior to the enactment of the

Constitution of Malta (Amendment) Act, 2000, is by

reason of any circumstances not attributable to his

default or neglect, unable to make application within

the period specified or prescribed in relation to that

person in such Chapter, declare that such period in

relation to that person shall be so extended as to

permit, in the opinion of the Minister or such

authorised officer, that person an opportunity of

making application for registration under Chapter III

of the Constitution of Malta as it was in force prior to

the enactment of the Constitution of Malta

(Amendment) Act, 2000.

(2) The power of the Minister and any officer of the

Government authorised on that behalf by the Minister under this

article may be exercised before or after the expiration of the

relevant period specified in Chapter III of the Constitution of Malta

as it was in force prior to the enactment of the Constitution of

Malta (Amendment) Act, 2000.

(1) The acquisition or retention of Maltese citizenship by

any person under the Constitution of Malta or any other law, prior

to the enactment of the Maltese Citizenship (Amendment) Act,

2000 shall not be affected in any way by the provisions of the said

Act.

(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 affected in any way

by the provisions of the said Act.

2020. (3) The Maltese Citizenship (Amendment No. 2) Act, 2020

shall not apply with regard to any applications for granting of Maltese

citizenship by naturalisation filed before the coming into force of this

Act.

(4) The Maltese Citizenship (Amendment) Act, 2025 shall not

2025. apply in respect of any applications for the granting of Maltese

citizenship by naturalisation filed in accordance with article 10(9) of

the Act, before the coming into force of this Act, subject to any

regulations as may be prescribed under this Act.