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Maltese Citizenship by Naturalization:

Applications for citizenship by naturalization in the case of adult persons may be submitted
under article 10 of the Maltese Citizenship Act (Cap 188) - the following link refers in this
respect http://justiceservices.gov.mt/LOM.aspx?pageid=27&mode=chrono&gotoID=188

In the case of minors such applications may be submitted on their behalf under article 11 of
the said Act.

In this respect kindly note that the Minister responsible for citizenship matters has the
discretion as regards the grant or refusal of citizenship under all the provisions of article 10
and article 11 except as regards sub-article 10(6) and 10(7) where stateless persons are
concerned.

In so far as article 10(1) is concerned whereby the foreign national may submit an
application for citizenship on the basis of residence, such person would be eligible to submit
the said application if he satisfies the following conditions:

1. Has resided in Malta for at least one (1) year immediately prior to submitting the
application; and
2. That during the six (6) years immediately preceding the said period of one year, he
had resided in Malta for periods amounting to an aggregate of not less than four (4)
years; and
3. He has an adequate knowledge of the Maltese or English language; and
4. Is of good character; and
5. Would be a suitable citizen of Malta:

As has been remarked, notwithstanding that the person may satisfy the said conditions, the
Minister has the discretion regarding any decision to grant and refuse the said application in
view that the legislation stipulates that:

10 (1) An alien or a stateless person, being a person of full age and capacity, on making
application therefor to the Minister in the prescribed manner, may be granted a certificate
of naturalisation as a citizen of Malta if he satisfies the Minister -

Furthermore, it is to be remarked that citizenship legislation (article 19 of the Maltese


Citizenship legislation) provides that the Minister shall not be required to assign any reason
for the grant or refusal for any application submitted under the said citizenship legislation.

Notwithstanding the power that the Minister has in this regard, the Minister decides,
amongst issues which concern:

a) The applicant’s conduct;


b) His suitability in being a citizen of Malta;
c) Public security;
d) Public policy and immigration history, in the context of the following considerations:

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1. If he is a former citizen of Malta or born abroad to Maltese parents who are returned
migrants (although it is to be remarked that such persons have the right to acquire
Maltese citizenship by registration);
2. If he was born in Malta but does not hold Maltese citizenship and least one of the
parents is a citizen of Malta;
3. If he was born to parents who were non-Maltese but one of whom or both
subsequently acquire Maltese citizenship;
4. If he was born outside Malta but is of Maltese descent (although it is to be remarked
that such persons have the right to acquire Maltese citizenship by registration); or
5. If there are humanitarian aspects concerning his request.

In categories which do not fall under the above-mentioned list, the Minister is guided by the
period of time that the applicant has been residing in Malta and this ranges between 10 to
20 years, whereby the period of 10 years applies where the person is the parent of a child
who is a citizen of Malta or else enjoys international protection under the provisions of the
Refugee Act the status of refugee. In the case of such refugees, favourable consideration
would be given to their request if they:

i. Have been residing in Malta for a minimum period of 10 years;


ii. Are of good moral character;
iii. Are financially independent;
iv. Are residing in their own place of residence, whether this is rented or owned by them.

As regards applications submitted in respect of minors by the parent who is a citizen of


Malta - article 11(1) of the Citizenship Act, such applications are generally considered
favourably. On the other hand, if they are submitted under article 11(2) whereby none of
the parents are Maltese, only in very exceptional circumstances such applications are
acceded to.

The decision to grant or refuse citizenship by naturalisation is final and as stipulated in


article 19:
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.

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