Naturalisation shoots up in 2012

A peak number of foreign residents became naturalised Maltese citizens in 2012, the second-highest number in 22 years.

A total of 183 foreign residents were naturalised in 2012, up from just 91 in 2011, while a further 62 were naturalised in the first three months of 2013.

Naturalisation is the only avenue to citizenship for foreign residents without Maltese ancestry. Only 2,401 persons have acquired citizenship through naturalisation since 1991.

A report by the European Union Democracy Observatory (EUDO) citizenship observatory states that the acquisition of citizenship by naturalisation in Malta is overshadowed by the "singular non-reviewable discretion" which the Minister for Home Affairs enjoys in decisions on each case.

The discretionary powers of the minister are described as "avenues of potential abuse and conflicts of interest" in the report by Daniela DeBono - a senior lecturer in International Migration and Ethnic Relations (IMER) at the Department of Global Political Studies at Malmö University.

But Joe A. Mizzi, director of the Department of Citizenship and Expatriate Affairs, insists that the Minister's discretion is "narrowed down" by cabinet policy guidelines, which are published in a leaflet on naturalisation, and other internal policies that oblige the minister to act on such matters.

The information leaflet goes further than the Citizenship Act by stating that naturalisation "will only be given favourable consideration if there are humanitarian aspects involved."

Mizzi also pointed out at that the Citizenship Act has to be seen in the context of the "particular demographic situation which makes Malta one the most heavily populated states in the world."

The Maltese Citizenship Act lays out general requirements that applicants need to meet to be eligible for citizenship by naturalisation.

Being of "good character" and deemed by the Minister to be "a suitable citizen" are among them.

One must have also resided in Malta for the 12 months immediately before submitting the application for citizenship and have previously resided in Malta for periods amounting to four years in the previous six years. In certain "special circumstances" the minister may allow periods of residence earlier than seven years before the date of application.

The EUDO report blasts the absence a standardised system of requirements such as language tests.

But according to Mizzi, the absence of language testing actually militates in favour of applicants, as it makes it easier for a person to obtain citizenship.

"Perhaps one should consider introducing such measures - we have them when third-country nationals apply for long-term resident status".

In the report, the director of the Department of Citizenship and Expatriate Affairs is quoted as saying that citizenship by naturalisation is only granted "for exceptional, humanitarian purposes" like having children in Malta.

But statistics and information on the main reasons behind granting or turning down requests for citizenship are not publicly available. Neither is a profile of unsuccessful applicants. This makes it difficult to confirm how many were actually granted citizenship on humanitarian grounds.

 "I do not remember what I actually said to Dr Debono, but definitely I had referred to the Cabinet guidelines and internal policies in this regard and referred to the fact that, in accordance with internal policies, citizenship is granted on the basis of length of residence."

The study also laments the absence of publicly run or subsidised integration courses and tests.

But Mizzi is sceptical.

"Why should we run integration courses for acquisition of citizenship if there is no need for such a requirement?"

He points out that applicants declare under oath that they have knowledge of Maltese or English when applying, and applications are completed by officials of the department, who conduct an informal interview in the process.

The present Minister for Home Affairs, Emmanuel Mallia, has not directly replied respecting whether he intends to change the policy in view of criticism by EUDO but relayed a reply through Mizzi, who argued that any proposal to change the system governing naturalisation "begs for discussion".

"The spectrum regarding the situations where persons become eligible to apply for citizenship by naturalisation is quite wide. In our circumstances, the situation has been managed by the relative policies, which, notwithstanding that some have not been given entire publicity, are well-known by one and everyone".

Statistics show that 1,109 persons were naturalised in the eight year period between 1991 and 1998, 659 were naturalised between 1998 and 2006, and only 633 were naturalised between 2006 and 2013. This suggests that, despite a spike in 2012, the authorities have been more reluctant in granting citizenship in the last decade. In fact, the spike in the pre-electoral periods of 2012 and 2013 would seem to defy the declining trend in citizenship through naturalisation.