Maltese Citizenship Act (Cap. 188), article 5

5. ( 1 ) E ve r y pe r s o n b o r n i n M a l t a on o r a f te r t he a p p oi n t e d day shall be deemed to have beco me or shall beco me, a citizen o f 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 alie n and the birt h occurred in a place then under occu pation 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 citiz en of Malta by virtue of this subarticle unless at the time of his bi rth, his father or his mo ther 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 pr eceding two provisos of this subarticle shall not apply in th e case of a new-born infant fou nd abandoned in any place in Malta who would in virtue thereof be stateless, and any such infant s hall 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 i s 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 mak ing an application as may be prescrib ed and upon taking the oath of allegiance, to be registered as a citizen of Malta. The provisi ons 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 Mal ta at the date of his birth: 6 CAP . 188.] MALTESE CITIZENSHIP (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 otherw ise 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 t a k i n g t h e o a t h o f a l l e g i a n c e , t o b e r e g i s t e r e d a s 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, subarticl e (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 ascendan t born in Malta of a parent likewise born in Malta shall be entit led, 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 a uthority 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 citi zenship under this article, sha ll be deemed to have acquired such citizenship for the purposes of subarticle (3). ( 5 ) W h e r e a n y o f t h e p a r e n t s o f a p e r s o n a p p l y i n g t o b e 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 relevant 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 acquired Maltese citizenship under this article or under article 3; so however that any such relevant p arent who dies before 1st August 2028 and who would have been entitle d to acquire such citizenship under subarticle (3) or under subar ticle (3) of article 3 shall be deeme d to have acquired such citizens hip for the purposes o f that subarticle. ( 6 ) W h e r e a n y o f t h e p a r e n t s o f a p e r s o n a p p l y i n g t o b e registered as a citizen of Malta by virtue of subarticle (3) wa s born on or after 1st August 2028 (for the purposes of this article r eferred 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 entitle d to be registered as a citizen of Malt a by virtue of subarticle (3) unless the relevant parent had at any ti me acquired Maltese citizenshi p MALTESE CITIZENSHIP [CAP. 188. 7 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 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 or under article 3. (8) No person shall be registere d under this article unless the Minister is satisfied that the grant of citizenship to such per son is not contrary to the public interest. Added by: IV . 2000.5. PART III CITIZENSHIP ACQUIRED BY REGISTRATION AFTER MARRIAGE Marriage to citizens of Malta. Amended by: XV .2020.5.