Cap. 188 ст. 5Acquisition of citizenshipbybirth or descent by persons born on or after appointed day.

(1) Every person born in Malta on or after the appointed day shall be deemed to have become or shall become, a citizen of

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 alien and the birth occurred in a place then under occupation 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 citizen of Malta by virtue of this subarticle unless at the time of his birth, his father or his mother 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 preceding two provisos of this subarticle shall not apply in the case of a new-born infant found abandoned in any place in Malta who would in virtue thereof be stateless, and any such infant shall 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 is 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 making an application as may be prescribed and upon taking the oath of allegiance, to be registered as a citizen of Malta. The provisions 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 Malta at the date of his birth:

(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 otherwise 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 taking the oath of allegiance, to be registered as 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, subarticle (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 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 subarticle (3) who dies before the 1st August 2028 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 subarticle (3).

(5) Where any of the parents of a person applying to be registered as a citizen of Malta by virtue of subarticle (3) was alive on 1st August 2028 (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 subarticle (3) unless the relevant parent had at any time acquired Maltese citizenship under this article or under article 3; so however that any such relevant parent who dies before 1st August 2028 and who would have been entitled to acquire such citizenship under subarticle (3) or under subarticle

(3) of article 3 shall be deemed to have acquired such citizenship for the purposes of that subarticle.

(6) Where any of the parents of a person applying to be registered as a citizen of Malta by virtue of subarticle (3) was born on or after 1st August 2028 (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 subarticle (3) unless the relevant parent had at any time acquired Maltese citizenship 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 citizen 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 registered under this article unless the Minister is satisfied that the grant of citizenship to such person is not contrary to the public interest.