Updated | Government to amend incorrect Maltese citizenship rules
Nationalist MP claims difference in translation was dishonest translation
The government is to amend an incorrect Maltese-language text of the Individual Investor Programme, which specified a maximum three-year period for IIP applicants to retain the property they must purchase as part of the conditions to become a Maltese citizen.
The legal notice contradicted the English version of the legal notice, which reflects public statements that IIP applicants must purchase a property valued at a minimum €350,000 or rent it for €16,000 per annum, and retain it for five years.
A government spokersperon has confirmed that the correct version is the English version and that the Maltese text will be corrected.
The Maltese Constitution states that while every law is enacted in both the Maltese and English languages, in case of any conflict between the texts it is the Maltese text that prevails.
The property element was introduced by the Labour government to stave off criticism that the global rich could just purchase a passport and access to the EU for just €650,000. The property element, together with a €150,000 investment in financial instruments or government bonds, brings the new price up to €1.15 million.
In a Facebook post, Nationalist MP Jason Azzopardi claimed the difference in the texts is was a "dishonest" differentiation.
"The property acquisition period is for three years only," Azzopardi said, claiming that the Maltese translation was deliberately misleading. "The government did not tell anyone and they hid it from everyone so that nobody notices. Do they have any shame? More amendments are needed to the law because this government is fooling the Maltese and the European Commission."
Under the latest IIP rules, no certificate of naturalisation will be issued unless main applicants provide proof that they have been a resident of Malta for at least 12 months preceding the day of the issuing of the certificate of naturalisation.
It is yet unclear what constitutes "proof" especially since the current Article 10 of the Maltese Citizenship Act does not provide a specific definition of residency, leaving much room for legal interpretation. The law allows an aggregate period of four years' residency - over a period six years - preceding the said period of 12 months.
"The residency concept already exists in the Maltese Citizenship Act where Article 10 defines the concept for citizenship by naturalisation. We have agreed with the European Commission that the concept will be implemented as is today," he said.
Parliamentary secretary for justice Owen Bonnici has said that residency "does not mean living in Malta 365 days".
"It also does not mean that an applicant doesn't spend a day in Malta," he said. "We are creating the genuine link satisfying the requirement of residency before applicants graduate to citizens."