Director Citizenship and Expatriate Affairs
Mr Joseph Mizzi
Citizenship and Expatriate Affairs
Department,
3 Castille Place,
Valletta VLT 2000.
Tel: 21 250 569 / 2200 1800
Fax: 21 237 513 / 2200 1830
E-mail: citizenship@gov.mt
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The Mission Statement of the Department is:
To implement Citizenship and Immigration (legal) legislation and policies in an effective and efficient manner
Citizenship matters
In this regard the Department is assigned the responsibility to implement legislation concerning citizenship matters that is provided for in the Constitution of Malta - Chapter III and the Maltese Citizenship Act (Cap 188).
Maltese citizenship was established when Malta became an independent State on the 21 September 1964. Chapter III of the Constitution of Malta was then totally dedicated to citizenship matters. Amongst other things, the provisions there of regulated how citizenship was obtained by descent (birth abroad) or by birth in Malta (before and after Independence), loss of Maltese citizenship and the acquisition of such citizenship by registration.
The Maltese Citizenship Act Cap 188, which was enacted in 1965, complemented the provisions of the said Chapter of the Constitution and provided also, amongst other matters, the mechanism for the acquisition of citizenship by naturalization, for the renunciation/loss of Maltese citizenship and for the deprivation of Maltese citizenship.
For almost twenty five years after Maltese citizenship had been established on Malta’s attainment of statehood in 1964, the few amendments effected to citizenship legislation were of relatively minor importance. The concept of single nationality and provisions that allowed the possibility of the transmission of Maltese citizenship to first generation children born abroad only through the father, were then the dominant features in Maltese citizenship legislation. Dual citizenship was allowed only until the person concerned was nineteen years of age. In order to retain their Maltese citizenship beyond this date such persons had to renounce any foreign citizenship they then held, before their nineteenth birthday.
The main changes to Maltese citizenship legislation from such a position were initiated with amendments which were effected to the original principles in August 1989, followed by other radical amendments in February 2000 (booklet) and leading to Malta’s current liberal approach in this field as a result of amendments effected to such legislation (Act X of 2007) which came into force on 1 August 2007.
The Department, where necessary through our Missions abroad, offers a wide range of services in order to effectively implement the above-mentioned provisions.
Immigration matters
The Department is directly involved in the management of the legal migration process by the function assigned to it in implementing legislation and policies regarding immigration matters.
As from 1st December 2006 the Department assumed the responsibility for the issue of residence permits to third country nationals; whilst as from September 2007 the Department was given the responsibility for the issue of registration certificates to EU nationals and residence cards to their family members who are third country nationals. The Department also has the responsibility for the confirmation of the entitlement to “exempt person” status and “freedom of movement” to the foreign spouses and children of citizens of Malta.
The legislation which the Department implements is as follows:
Main legislation:
n Chapter 44 of the Constitution of Malta.
n Immigration Act (Cap 217)
Subsidiary Legislation:
n Immigration Regulations 2004 - Legal Notice 205/2004.
n Free Movement of European Union Nationals and their Family Members Order 2007 – Legal Notice 191 of 2007
n Status of Long-Term Residents (Third Country Nationals) Regulations, 2006 (Legal Notice No. 278 of 2006).
n Family Reunification Regulations (Legal Notice No 150 of 2007)
n Conditions of Admission of Third-Country Nationals for the purposes of Studies Regulations, 2008 (Legal Notice 29 of 2008)
n Third Country Nationals for Scientific Research Purposes (Specific Admittance Procedure) Regulations, 2008 (Legal notice 102 of 2008)
Most of the above-mentioned subsidiary legislation is implementing EU directives in the migration field.
Third country nationals
Residence permits are issued to third country nationals who have been authorized to reside in Malta for a specific purpose and only when such persons are in Malta. In this regard such persons are required to submit an appropriate application to the Department for processing. Residence permits are in the form of a sticker affixed in the holder’s passport.
EU nationals
EU nationals have the right to reside in Malta provided they are exercising any of their Treaty rights as Workers, Self-employed persons, economically self-sufficient persons or Students or they have become entitled to permanent residence after five years of continuous residence in Malta.
Family members, who are third country nationals, are entitled to join or accompany EU nationals if the latter are exercising any of the above-mentioned rights.
EU nationals and their family members are issued with residence documentation to confirm their right of residence in Malta.
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