Name in the Maltese Public Registry spelled incorrectly

8POSTS

5 years ago

Hello Everyone,

I'm looking for a bit of advice. I'm currently going through confirming my Maltese Citizenship (I was born in Malta), which is going well.
One problem which has come up is that my forename in the Maltese Public Registry has been spelled incorrectly (Stephen instead of Stefan).

I've had this all of my life so didn't think too much about it, however to be able to apply for a Maltese passport I have been advised that my name in the Public Registry will have to match my name on my British passport.
Does anyone know how this can be achieved without the need for a lawyer?
In my mind this is a spelling correction and not a name change so should be (dare I say it) easy聽

Any advice or help is appreciated.

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felixjer Member

18POSTS

5 years ago

Unfortunately I think the only way is to go through the courts with a lawyer. I am in the same situation (name for citizenship different from my current legal name on my American passport), though for different reasons. I have been told by a few different sources, including the citizenship liaison at the embassy here in Washington, D.C., that the name change has to go through the courts. Actually, there is one other option: name change when getting married!

But if that's not on the table for you, then yes, you have to get a lawyer. I've contacted a lawyer to find out about the process. He assured me that this is a simple if not everyday process that involves providing documentation that a "mistake" was made during the citizenship registration. Documentation includes anything official from a government or business source, such as property mortgages/deeds, court records, etc. (I haven't pursued the process yet because of covid and the fact that you have to be *in* Malta to present yourself in court, though I don't know exactly when that would be or how long I would have to be in Malta....) Good luck!

cryptosailor Active member

25POSTS

5 years ago

That's interesting. Thank you.
Could you DM me please ?

rudiross Member

2POSTS

5 years ago

I had the same problem. My first name was spelt incorrectly at the Public Registry. In the past one would have had to apply to the courts for a correction but this is no longer so. All you have to do is to call in person at the public registry with your British passport or other identification document.

You will be asked to fill up a form, to sign the form, to pay a nominal fee and nothing else. Any document issued by the Public Registry will from then on be issued showing your correct name.

Badger101 New member

8POSTS

5 years ago

Hi All,

Thank you for your messages.

@rudiross - This is the step I chose to try next, I've explained to the people at the Public Registry that it is a correction and not a name change and I think it is being sorted out (I have not heard from them in a few days though..)

I think a name change especially your surname would be a very different case though.

Badger101 New member

8POSTS

5 years ago

Hi everyone,

I've just had an email back from the Public Registry saying that they would need to have proof of a Maltese ID card, Maltese passport or a marriage certificate on the requested name issued before 1st December 2012. If no such proof is found, the only other option is to contact a lawyer to start a court procedure.

@rudiross - did you have this information or just a British Passport?
Can you remember what forms you needed to fill in?

Is there anything else I could do instead of having the pain (and expense) of going through the courts?聽

rudiross Member

2POSTS

5 years ago

I am Maltese and my ID card as well as my passport were showing my name correctly but my Driver's Licence and my birth certificate were showing my first name spelt wrongly. Therefore all I had to do was to sign the form that was handed to me which was treated like a sworn statement and my name on my birth certificate was corrected. Your case is different to mine.

Badger101 New member

8POSTS

5 years ago

@rudiross - that makes sense, thank you for your reply.

So it does look like I'll need to go through the courts to get the spelling of my name corrected.
Does anyone know/recommend a good lawyer, or know the process I'll need to go through to to achieve this?

Cchet Member

1POSTS

5 years ago

#10

Hi,

I can recommend Dr. Gianella Farrugia at SMM Advocates who can assist you with this procedure.

smmgroup.com.mt/contact-us/

Also, she can assist with citizenship.

1 member reacted to this post

Geraldu Member

2POSTS

5 years ago

#11

The spelling in the document of the pubic registry is the valid one. They put my wife s 麓nickname in the official document and not her real christian name as stated in the church document. In your case the the pronunciation remains the same. As long as do not present both passports, who will realize the difference.

cryptosailor Active member

25POSTS

5 years ago

#12

@Badger101
Recently hired Ganado Advocates, quoted 1600 Euros should I need to get a court order for my "British Surname" to be used on my citizenship certificate as opposed to what Citizenship Department think my surname is. They did say that we may not have to go to court provided Citizenship Department would re-issue a new Citizenship Certificate. Fingers crossed.

Badger101 New member

8POSTS

5 years ago

#13

@Cchet - Thank you for your recommendation, I'll look into contacting them. I'm also trying to get some more recommendations if anyone has some.

@Geraldu - If only that was the case聽

聽 I have been told that the spelling on all your passports must be the same.

@cryptosailor - Thank you for your recommendation and good luck! I'd love to know the outcome.
I've been told by the Maltese Embassy in London that I will have to go to court to get this changed, so I thought I'd try to speak to the Director at the Public Registry in Malta. The response was that the change in name from Stephen to Stefan was not seen as a minor change and I would have to contact a lawyer聽

Badger101 New member

8POSTS

5 years ago

#14

Hi,

I have now received my confirmation of citizenship letter back from the Citizenship Unit which confirms that I'm a Maltese citizen, and have not ever ceased to be a citizen.

However on the letter they have used my full true name (Stefan). Do you think this is enough to apply for my passport?

Thanks,

Badger101 New member

8POSTS

5 years ago

#15

I'm off to Malta in a few weeks time to see if I can get a lot of this sorted out personally.

I have spoken the the passport office in Marsa to see if all of my paperwork is correct and that I have everything.
They have come back and said that it is all correct except for my recommender.

Looking at their website it say that the recommender can be from any Commonwealth country (So I asked my MD).

What I actually need is:
'The recommender can be from a Commonwealth country but needs to be working and residing in Malta and in possession of a Maltese residence card'

Does anyone know how I can get a recommender? I'll be in the St.Julian's area, but hopefully will also have a car.

Thanks.

volcane ViP

1098POSTS

5 years ago

#16

Presumably the recommender needs to be someone you've known for some time?

"A recommender is a professional person who has known you for at least two years."

So, do you know such a person residing in Malta?

Badger101 New member

8POSTS

5 years ago

#17

Unfortunately I don't. The only Maltese people I know live (and work) it the UK.

I'm not sure how you could get a passport application accepted if you don't know any professional who works, and lives in Malta.

volcane ViP

1098POSTS

5 years ago

#18

Not sure then, the official guidance does not mention that they have to reside in Malta, maybe ask them again for clarification.

Section 7 needs to be filled in by a recommender (a professional person who has known you for at least two years). It is important that the recommender uses his/her business stamp for this section. In case that a stamp is not possible, a business card or a business letterhead will be sufficient.聽 The recommender can be a person who holds a University Degree and who has known you for more than 2 years (not a family member).聽 S/he must be from any Commonwealth country.聽

Eddie B-A Active member

73POSTS

4 years ago

#19

felixjer wrote:
Unfortunately I think the only way is to go through the courts with a lawyer. I am in the same situation (name for citizenship different from my current legal name on my American passport), though for different reasons. I have been told by a few different sources, including the citizenship liaison at the embassy here in Washington, D.C., that the name change has to go through the courts. Actually, there is one other option: name change when getting married! But if that's not on the table for you, then yes, you have to get a lawyer. I've contacted a lawyer to find out about the process. He assured me that this is a simple if not everyday process that involves providing documentation that a "mistake" was made during the citizenship registration. Documentation includes anything official from a government or business source, such as property mortgages/deeds, court records, etc. (I haven't pursued the process yet because of covid and the fact that you have to be *in* Malta to present yourself in court, though I don't know exactly when that would be or how long I would have to be in Malta....) Good luck!

You don't need to present yourself in court for this. I gave my lawyer Power of Attorney and she will represent me in court.

felixjer Member

18POSTS

4 years ago

#20

Really? Interesting! My lawyer said that he can process all the preliminary proceedings and paperwork, but that I would need to be present in court for the actual hearing before the judge. Do you have a court date scheduled yet? (I don't.) Please keep me (us all) updated on how your court date goes! I'm very interested to read about this. Though I certainly wouldn't mind having to suddenly go to Malta for a week for a court date, if I can save those travel costs for a proper holiday down the road, that would be preferred. But I am heaping infinite patience on this whole process! 馃槃

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Eddie B-A Active member

73POSTS

4 years ago

#21

Hi felixjer

My case was filed on Friday past, my lawyer advises that it will probably be late November before the actual date.

Like you I was advised it's quite straightforward and there will be no objection by the Public Registry.

But yes my lawyer said Power of Attorney was enough to go forward, I'm not due to visit Malta again until next year so I really want to travel with my Maltese passport.

I'll let you know how it all goes.