Quashing the possible emergence of a double identity when applying for Maltese citizenship following a name change in a third state

2021-11-03T13:22:44+01:00November 3rd, 2021|Publications|

When a person legally changes or adds to his name, a discrepancy is created between the name that is stated on his birth certificate and the name that is written on his passport and any subsequent acts or documents, that are issued in his name following his name change.

While the whole name changing process would have been carried out in a lawful manner, the aforementioned discrepancy between the name in one’s birth certificate and that in his passport may serve as a small obstacle when it comes to applying for, and subsequently, registering one’s Maltese citizenship with the Public Registry.

When faced with a birth certificate and a passport/ Certificate of Maltese Citizenship bearing different names, the Public Registry is likely to refuse to issue the applicant’s Maltese Act of Birth, which is required in order for the Public Registry to register him as a Maltese Citizen. This is because the Maltese Act of Birth will be issued under the name given to the applicant at birth, which in this case would be different to the applicant’s current name, as listed on all of his current documents.  Therefore, their reason for rejecting such an application is based on the fact that the discrepancy in the name could give rise to a double identity or uncertainty as to the identity of the person.

However, this is not a cause for concern as all of this can be resolved by filing an action before the competent court wherein the applicant shall request the court to order the Director of the Public Registry to issue the applicant’s Act of Birth bearing his current name, as opposed to the name he was given at birth. This would then quash any possibility of there being a double identity or uncertainty regarding the identity of the applicant.

In order to ensure that proceedings run smoothly and efficiently, when one wishes to commence such an action, he must seek legal advice immediately and provide his counsel with copies of the following documentation:

  • Certificate of Maltese Citizenship;
  • Birth Certificate issued by his country of birth;
  • A valid passport;
  • The document rendering the name change valid at law.

Once all of the required documents are submitted, the initial action before the court can be filed within a week. From there onwards it is up to the court to issue its judgment.

Kindly note that depending on a particular case, further information and supporting documentation may be required if deemed necessary. For further information and guidance on the subject matter we recommend seeking professional assistance.

SMM Legal

At SMM Advocates we can assist with filing a relevant application before the competent Court in order for the issue of possible double identity to be resolved in the shortest time possible. Our legal advice and assistance further span over various Civil and Immigration matters, find out more on our expertise page or contact us directly with your particular query.

We are available for both face-to-face or online consultations, get in touch by filling in our contact form or call +356 2123 7167 for immediate assistance.

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