Legal Basis – Maltese Citizenship by Marriage
The provisions regulating the acquisition of Maltese citizenship by Marriage were transferred from the Maltese Constitution to the Maltese Citizenship Act in 2000. Before such an amendment, a foreign national could apply for Maltese citizenship immediately after marriage. The legislator felt that marriage alone didn’t satisfy the genuine link criteria with Malta and thus introduced a five-year minimum period.
Article 6 of the Maltese Citizenship Act today states that any person who marries a Maltese national shall be entitled upon making an application and taking an oath of allegiance to be registered as a citizen of Malta. Individuals are only entitled to apply for citizenship under this route if on the date of the application, and on the date of registration, such person is still married to, and still living with the Maltese national for at least 5 years.
The law also caters for instances where the Maltese national passes away. In such a case, if the widow/er of a person who was a Maltese national had been married and living together for at least five years, an application can still be submitted.
The law also provides that no person shall be entitled to be registered as a Maltese national under this clause unless the Minister responsible for citizenship is satisfied that the grant of citizenship is not contrary to the public interest.
The above provisions apply also to individuals who contract a civil union or same-sex marriage.
Malta Citizenship Applications
Applications are to be submitted through the Maltese Government Agency (Komunita Malta). We are authorised to assist with the application process and act as liaisons between the applicant and the Maltese authorities. We are also able to assist in witnessing the affidavit required under this application through our Commissioner for Oaths.
Led by Dr Priscilla Mifsud Parker, our Citizenship team is the oldest specialised immigration law practice in Malta. We are able to advise you on the legal implications and requirements of the Maltese Citizenship application process.