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The Maltese Citizenship (Amendment) Act, 2007 (Bill No. 93)

A BILL

entitled

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 under the authority of the same as follows>-
1. (1) The short title of this Act is the Maltese Citizenship (Amendment) Act, 2007 (Cap. 188) and it 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 Minister responsible for matters relating to Maltese citizenship may by a notice in the Gazette appoint and different dates may be so appointed for different provisions or different purposes of this Act.
2. Article 3 of the principal Act shall be amended as follows>-
(a) in sub-article (2) thereof, for the words “on the appointed day.” there shall be substituted the words “on the appointed day>” and immediately thereafter there shall be inserted the following proviso>

Short title.

Amendment of article

3 of the principal

Act.

C 128
“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 sub-article (1) of this article, 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) immediately after sub-article (2) thereof, there shall be inserted the following new sub-articles>
“(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 sub-article (3) of this article who dies before the 1st August 2007 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 sub-article (3) of this article.
(5) Where any of the parents of a person applying to be registered as a citizen of Malta by virtue of sub-article (3) of this article was alive on 1st August 2007 ( 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 sub-article (3) of this article unless the relevant parent had at any time acquired Maltese citizenship under this article< so however that any such relevant parent who dies before 31st July 2010 and who would have been entitled to acquire such citizenship under sub-article (3) of this article shall be deemed to have acquired such citizenship for the purposes of that sub-article.
(6) The person applying to be registered as a citizen of Malta under sub-article (3) of this article shall be entitled to be registered as a citizen of Malta if the relevant parent dies after the 31st July, 2010 and the relevant parent had
applied for and would have been entitled to be granted Maltese citizenship under this article .”.
3. Article 5 of the principal Act shall be amended as follows>- (a) in paragraph (b) of sub-article (2) thereof, for the words
“this sub-article or sub-article (2) of article 3 of this Act” there
shall be substituted the words “this sub-article, sub-article (3) of this article or sub-article (2) or sub-article (3) of article 3 of this Act”< and
(b) immediately after sub-article (2) thereof, there shall be added the following new sub-article>
“(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 sub-article (3) of this article who dies before the 1st August 2007 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 sub-article (3) of this article.
(5) Where any of the parents of a person applying to be registered as a citizen of Malta by virtue of sub-article (3) of this article was alive on 1st August 2007 ( 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 sub-article (3) of this article unless the relevant parent had at any time acquired Maltese citizenship under this article or under article 3 of this Act< so however that any such relevant parent who dies before 31st July 2010 and who would have been entitled to acquire such citizenship under sub-article (3) of this article or under sub-article (3) of
C 129

Amendment of article

5 of the principal

Act.

C 130

Amendment of article

10 of the principal

Act.

article 3 of this Act shall be deemed to have acquired such citizenship for the purposes of that sub-article.
(6) The person applying to be registered as a citizen of Malta under sub-article (3) of this article shall be entitled to be registered as a citizen of Malta if the relevant parent dies after the 31st July, 2010 and the relevant parent had applied for and would have been entitled to be granted Maltese citizenship under this article or under article 3 of this Act.”.
4. Immediately after sub-article (8) of article 10 of the principal
Act, there shall be added the following new sub-article>
“(9) Notwithstanding the provisions of this or any other Act, the Prime Minister may, by a notice to be published in the Gazette, authorise the Minister to grant a certificate of naturalization as a citizen of Malta to the spouse of any citizen of Malta when either the spouse or the said citizen has rendered exceptional services to Malta or humanity>
Provided that the said person makes an application in such manner as may be prescribed and upon taking the oath of allegiance.”.

Objects and Reasons

The object of this Bill is to grant Maltese citizenship by registration to second and subsequent generations of persons of Maltese descent born abroad< the Bill also grants Maltese citizenship by registration to persons born abroad before 21st September
1964, to mothers born in Malta who became citizens of Malta on the said date.