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Applying citizenship by descent, father died 2018 without registering

I'm working through a Form K application for Maltese citizenship by descent and have hit what might be a legal wall. Looking for anyone who has navigated a similar situation.


My chain:


Great-great-grandfather Giuseppe Falzon born Valletta, married 1898

Great-grandfather Paolino Falzon born Floriana 1900, emigrated to US 1920, naturalized American 1933

Grandfather Paul Falzon Jr. born New York 1929 (before Paolino naturalized), died July 2002

Father Paul Falzon III born New York 1952, died August 2018

Me Paul Falzon IV, born 1972, US citizen


The issue: my father was alive on August 1, 2007 and died in 2018 without registering for Maltese citizenship. Under Article 3(5) this appears to break the chain.

However I've already submitted this information to the Maltese embassy and they directed me to complete Form K without flagging this as disqualifying.


My questions:


Has anyone been approved with a parent who died after 2010 without registering?

Does anyone know if the argument that my father held citizenship automatically at birth in 1952 (by operation of law, before the 2007 amendments) changes the Article 3(5) analysis?

Any recommended Maltese lawyers who handle edge cases specifically?


All documents are in hand. No time pressure, just want to go in with realistic expectations.

See also

@Nick Falzon

Embassies and Consulates function as document intake centers for the A摹enzija Komunit脿 Malta. In many cases, they accept the Form K application and the required fees even if there are technical lineage issues. The consular staff typically forwards the documents to the Agency in Malta, where the legal review and final adjudication take place. The acceptance of your forms at the consular stage does not guarantee that your lineage issues will be overlooked during the final review.


Given the complexity of it, this situation requires legal counsel that specialises in Maltese law.

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