Maltese Citizenship by Descent - Mother passed away before applying

Last activity 06 April 2022 by RustyRichy

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RustyRichyNew member13 July 2021 15:28:42

Hello

I would like to know if anyone could provide information on Maltese Citizenship by Descent.

My grand mother and Great grand mother where born in malta, I am a south African citizen and my mother was a South African citizen as well, but she passed away in2017 , Does that mean that I will not be able to apply for Citizenship as my mother did not apply for citizenship before passing away ?

My mother passed away in 2017 without applying, but my aunty and uncle has just received their citizenship will it be possible for me to apply as well or has the link be broken on myside as my mother passed away without applying ?

Eddie B-AActive member17 August 2021 09:10:51

Hi, you've answered you're own question. Because your mother died after 2010 and was alive in 2007 without ever having applied for Maltese citizenship the link is considered broken.

It's a little unfair but its to do with the amendments to the Maltese Citizenship Act of 2007 that basically gave everyone a 3 year window to 2010 to apply for citizenship, if an ascendant was alive in 2007 but died after 2010 without ever applying the link is gone. However any ascendant that died before 2007 without applying for citizenship is considered to be a citizen when you are applying, a sort of legal fiction that keeps the link.

RustyRichyNew member06 April 2022 12:46:29

Yes I have confirmed that with the Malta Govemnet, Do you think creating a petition on [link under review] will get any where conserning this ? It does seem really unfair to be honest as my grand mother is still alive and was born in malta, but becasue my mother did not apply eveyone in the second generation can not apply ?

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