Maltese Citizenship Act (Cap. 188)

Maltese Citizenship Act (Cap. 188), article 3

Official PDF on legislation.mt

3. (1) Every person who, having been born in Malta, was on the day before the appointed day a citizen of the United Kingdo m and Colonies, shall be deemed to have acquired Maltese citizens hip 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 h is 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 o f an ascendant born in Malta of a parent likewise born in Malta shal l be entitled, upon making an application as may be prescribed and u pon 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 b een born outside Malta, was on the day before the appointed day a citizen of the United Kingdo m and Colonies shall, if his father became, or would but for his death have become, a citizen of Malta in accordance with the provisio ns 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 deat h have become, a citizen of Malta in accordance with the provisio ns of subarticle (1), shall be entitled, upon making an applicatio n 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 ascendan t born in Malta of a parent likewise born in Malta shall, subject to the following provisions of this article, be entitled, upon mak ing an application as may be prescrib ed and upon taking the oath of allegiance, to be registe red 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 citiz enship under this article, sha ll 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 sub article (3) wa s alive on 1st August 2028 (for the purposes of this article referred t o as "the relevant parent") and the r elevant parent is also a descen dant in the direct line of an ascendant born in Malta of a parent li kewise born in Malta, such person shall not be entitled to be register ed as a citizen of Malta by virtue of subarticle (3) unless the relevan t parent had at any time acquire d Maltese citizenship under this article; so however that any such relevant parent who dies befo re 4 CAP . 188.] MALTESE CITIZENSHIP 1st August 2028 and who would have been entitled to acquire suc h citizenship under subar ticle (3) shall be deemed to have acquir ed 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 ci tizen 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 per son is not contrary to the public interest. Persons entitled to be registered as citizens. Amended by: XV .2020.3.

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Text read from the consolidated PDF published by Legislation Malta. Tables, figures and marginal notes may be incomplete or out of place: the official PDF is authoritative. General information, not legal, tax or accounting advice.