Author
The Maltese Citizenship Act foresees that foreigners or stateless persons may apply for citizenship in Malta, making no specific mention of beneficiaries of international protection.[1] Their access to naturalisation, although technically falling under the broader category of ‘foreigners’ is further regulated by an internal Government policy. Practitioners working with refugees noticed that in 2024 this policy was amended to require a minimum 15-year residence period for refugees (formerly ten years) and a 20-year period for subsidiary protection beneficiaries. In practice, subsidiary protection beneficiaries’ applications are not usually considered. Naturalisation through marriage is also open to protection beneficiaries under the same conditions as other non-Maltese nationals.
The conditions to be able to apply include a residence in Malta throughout the 12 months immediately preceding the date of application and a residence in Malta for periods amounting in the aggregate to a minimum of four years, during the six years preceding the above period of 12 months. Applicants must also be of good character and have an adequate knowledge of the Maltese or the English languages.[2]
Prior to submitting an application, the person has to present a residence certificate issued by the Principal Immigration Office to the Komunitá Agency. Once the Office confirms the eligibility of the applicant, additional documents have to be produced, including a birth certificate, passport, and police conduct. Refugees are generally exempted from producing documents from their countries of origin.
There is no time limit foreseen for a decision and the law does not require the authorities to provide reasons for rejections of applications.
The fact that there are no public guidelines on how to satisfy these broad requirements makes it difficult for TCNs to apply. There is no time limit foreseen for a decision and the law does not require the authorities to provide reasons for rejections of applications. Furthermore, the law does not grant the right of appeal in any court for the refusal of an application for citizenship.
Malta does not grant citizenship entitlements to children born or raised in Malta, which could lead to some refugee children being at risk of statelessness.
As an additional obstacle, the fee for naturalisation applications is € 450[3], with no exemptions of special considerations for refugees or stateless persons.
Komunitá Malta (the agency responsible for citizenship) responded that in 2023 it successfully processed the applications of 10 refugee status holders and that no beneficiaries of subsidiary protection obtained Maltese citizenship. More specifically, Komunitá Malta has provided a breakdown of the nationalities of the naturalised refugees: 2 Libyans, 1 Palestinian, 3 Egyptians, 3 Syrians and 1 Nepalese.[4]
In 2024, Malta granted nationality to 2 refugees (Pakistan, Libya) and 6 beneficiaries of subsidiary protection (3 from Türkiye, 3 from Syria).[5] Throughout the year, the Agency received 21 new applications from refugees and 16 from beneficiaries of subsidiary protection. The data does not explain the ground for granting nationality.
In a meeting with the Malta Refugee Council, the Home Affairs Ministry denied the internal policy requiring a minimum 15-year residence for refugees applying for Maltese citizenship, underlining that refugees are treated equally to other third-country nationals. Nonetheless, refugees approaching Komunitá to apply were not permitted to submit applications unless this criterion was met, citing the agency’s intention to void the unnecessary expense of € 450.
[1] Maltese Citizenship Act, Chapter 188 , September 1964, available at: http://bit.ly/2lz5z8H
[2] Article 10(1) Citizenship Act, Chapter 188.
[3] Citizenship Regulations, S.L. 188.01, available at: https://bit.ly/3Jc90il.
[4] Information provided by Komunitá Malta, April 2023.
[5] Information provided by Komunitá Malta.