Maltese Citizenship Act

At a Glance

The Maltese Citizenship Act, Chapter 188 of the Laws of Malta is the principal legislation regulating the acquisition, registration, naturalisation, renunciation and deprivation of Maltese citizenship. The Act has evolved substantially since Malta’s independence, including reforms concerning dual citizenship, citizenship by descent and naturalisation. Its most recent major amendment, Act XXI of 2025, discontinued the former investment-based naturalisation framework, strengthened naturalisation on the basis of merit and amended important descent and adoption provisions. Further administrative changes followed through subsidiary legislation in March 2026.

For a wider overview of the present nationality framework, see Malta Citizenship Framework.

“The 2025 reform makes the legal distinction between routes to Maltese citizenship more important than ever. Ordinary naturalisation, registration by descent and naturalisation by merit each arise from different legal tests and should not be treated as interchangeable routes.”

Dr Jean-Philippe Chetcuti, Senior Partner – Citizenship, Residency, Private Client Tax, Chetcuti Cauchi Advocates

Legal Takeaways

• Maltese citizenship law remains principally governed by the Maltese Citizenship Act, Cap. 188.
• Maltese citizenship may arise through birth or descent, registration, marriage or naturalisation, depending on the circumstances.
• Ordinary naturalisation based on residence remains legally distinct from naturalisation on the basis of merit under Article 10(9).
• The 2025 amendments to the Maltese Citizenship Act and subsidiary legislation removed the former statutory investment-citizenship framework and strengthened Malta’s merit-based naturalisation rules.
• The 2025 reform also amended important dates affecting certain applications for Maltese citizenship by descent, replacing earlier 2007 and 2010 dates with 1 August 2028.
• Malta generally permits dual and multiple citizenship.
• Maltese citizenship can be renounced or, in defined circumstances, a person who acquired citizenship by registration or naturalisation may be deprived of it.

What the Maltese Citizenship Act Regulates

The statutory framework underlying how Maltese citizenship is acquired is principally contained in the Maltese Citizenship Act. Originally enacted as Act XXX of 1965 within the nationality framework created following Malta’s independence on 21 September 1964, it has since been repeatedly amended to reflect changes in Malta’s constitutional position, migration patterns and international obligations.

The Act today deals with matters including:

• acquisition of citizenship following independence;
• citizenship by birth and descent;
• citizenship by registration;
• citizenship through marriage to a Maltese citizen;
• naturalisation on the basis of residence;
• naturalisation on the basis of merit;
• dual and multiple citizenship;
• citizenship of minors and adopted persons;
• renunciation of Maltese citizenship; and
• deprivation of citizenship in circumstances prescribed by law.

The legislation should therefore be distinguished from the specific regulations and administrative procedures governing individual routes to citizenship. The Act establishes the legal foundations, while subsidiary legislation and procedures administered by Aġenzija Komunità Malta regulate particular applications.

Citizenship by Birth and Descent

Whether a person acquires Maltese citizenship by birth or descent depends substantially on when and where the person was born and the citizenship status of the person’s parents at the relevant time.

The law changed significantly on 1 August 1989. Accordingly, the nationality position of a person born before that date may differ materially from that of someone born afterwards.

Maltese law also provides a route to citizenship by registration for certain descendants of persons born in Malta. In broad terms, a person descended in the direct line from an ascendant born in Malta, whose parent was also born in Malta, may qualify for registration, subject to the detailed statutory rules governing the continuity of the citizenship link.

“Citizenship by descent is not determined by Maltese ancestry alone. The applicant must establish the precise chain of descent and verify the relevant birth, marriage, death and citizenship records, because the applicable rules depend on the dates and circumstances of each generation.”

Dr Antoine Saliba Haig, Partner – Immigration & Global Mobility, Chetcuti Cauchi Advocates

This route has particular relevance to descendants of Maltese emigrants in jurisdictions such as Australia, Canada, the United Kingdom, the United States and other countries which received significant Maltese migration.

The detailed genealogy and chronology matter. Applicants should therefore establish each relevant birth, marriage, death and citizenship event before determining eligibility rather than assuming that Maltese ancestry alone establishes an entitlement.

The 2025 Descent Law Changes

The 2025 reforms to Maltese citizenship law made an important amendment to the descent provisions in Articles 3 and 5 of the Maltese Citizenship Act.

Several references to 1 August 2007, 31 July 2010 and 1 August 2010 were replaced with 1 August 2028. The reform extends the period relevant to determining whether the chain required for acquisition of citizenship by descent is considered broken following the death of a relevant parent or ascendant.

The change is significant for families in which an older generation eligible for Maltese citizenship had not completed registration before death. It does not, however, mean that every person with a Maltese ancestor automatically qualifies. Eligibility continues to depend on the precise lineage and statutory conditions applicable to the family.

For further legal and historical analysis, see Saliba-Haig on Maltese Citizenship by Descent.

Citizenship through Marriage

A foreign spouse of a Maltese citizen may qualify to acquire Maltese citizenship by registration.

As a general rule, the spouses must have been married for at least five years and must still be married and living together at the time relevant to the application. Maltese law also contains provisions applicable to a widow or widower whose Maltese spouse dies after the couple has satisfied the applicable period and cohabitation requirements.

Citizenship through marriage is therefore not automatic on marriage to a Maltese national. The dedicated analysis of Malta Citizenship by Marriage explains the registration process, eligibility rules and treatment of separated and surviving spouses.

Naturalisation Based on Residence

Article 10(1) of the Maltese Citizenship Act provides the ordinary legal framework for an adult foreign or stateless person seeking Maltese citizenship by naturalisation on the basis of residence.

An applicant must generally demonstrate:

• residence in Malta throughout the 12 months immediately preceding the application;
• residence in Malta for an aggregate of at least four years during the six years preceding that 12-month period;
• good character;
• adequate knowledge of Maltese or English; and
• suitability to become a Maltese citizen.

Meeting the statutory requirements does not create an automatic entitlement to citizenship. The grant of naturalisation remains within the discretion conferred on the Minister responsible for citizenship.

Ordinary naturalisation should not be confused with naturalisation on the basis of merit. They arise under different provisions and involve materially different legal tests.

The 2025 Citizenship Reform

Maltese citizenship law underwent a major reform following the judgment of the Court of Justice of the European Union in European Commission v Republic of Malta, Case C-181/23, delivered on 29 April 2025.

For a detailed analysis of the judgment and its wider implications for nationality law, see European Citizenship after Commission v Malta.

The case concerned Malta’s former institutionalised investor-naturalisation framework. The Court objected to a system involving “naturalisation in exchange for predetermined payments or investments”, characterising its transactional nature as the commercialisation of Union citizenship.

Malta subsequently enacted the Maltese Citizenship (Amendment) Act 2025, Act XXI of 2025, which came into force on 24 July 2025.

The reform:

• deleted the statutory definition of the former individual investor programme;
• discontinued the framework for naturalisation for exceptional services by direct investment;
• removed related transactional terminology from the Act;
• substantially revised Article 10(9) governing citizenship by merit;
• amended citizenship-by-descent provisions;
• clarified provisions concerning adopted persons; and
• revised the regulatory oversight applicable to merit applications.

For further consideration of the post-judgment legislative position, see Maltese Citizenship After EC v Malta: One Year On.

The reform should therefore be understood as a structural change in Maltese citizenship law, rather than merely a change in investment thresholds or application criteria.

Citizenship by Merit under Article 10(9)

Article 10(9), as substituted in 2025, now permits the Minister to grant a certificate of naturalisation “as a citizen of Malta by merit” to an alien or stateless person in specified circumstances.

For a detailed explanation of the current law, see Malta Citizenship by Merit.

The provision applies where a person:

• renders exceptional services to Malta or to humanity;
• makes an exceptional contribution, including through job creation, to Malta or humanity; or
• is a person whose naturalisation is of exceptional interest to Malta.

The Act explains that an exceptional service or contribution may arise from fields including science, research, sport, arts and culture, entrepreneurship, philanthropy and technology. It also allows consideration of persons possessing skills, qualities, talents or expertise regarded as capable of significantly advancing Malta’s national interest.

Citizenship by Merit is not a citizenship programme or investment scheme. Aġenzija Komunità Malta expressly states that it is neither a programme nor a scheme, pathway, continuation or alternative to Malta’s former citizenship-by-investment framework. Decisions are discretionary and cases are assessed individually.

There is no published table under which citizenship follows automatically from making a predetermined payment or investment.

How Merit Applications Are Assessed

The Granting of Citizenship by Naturalisation on the Basis of Merit Regulations, S.L. 188.06, as amended by Legal Notice 159 of 2025, establish the application and evaluation process.

An individual first submits a comprehensive proposal setting out:

• the applicant’s background and achievements;
• the exceptional service or contribution proposed, or the basis on which the applicant is considered of exceptional interest to Malta;
• how the applicant intends to continue contributing to Malta following naturalisation; and
• other information or documentation requested by the Agency.

The proposal is subject to due diligence and evaluation before a recommendation is submitted to the Minister. Approval at this stage is an approval in principle, not a grant of citizenship.

Only after approval in principle may the applicant proceed to the subsequent naturalisation application.

At that stage, the regulations require evidence including:

• residence in Malta for at least eight months during the period preceding the application;
• title to adequate residential property in Malta, subject to the rules and exceptions in the regulations;
• the relevant exceptional service, contribution or exceptional interest;
• adequate knowledge of Maltese or English; and
• evidence of the ties created with Malta in accordance with the applicant’s proposal.

The regulations prescribe a minimum period of legal residence but do not establish a single published number of mandatory physical-presence days applicable to every case. The nature and extent of an applicant’s connection with Malta should therefore be assessed in the context of the individual proposal and circumstances.

Due Diligence and Ministerial Discretion

The merit framework contains a substantial due-diligence component. Legal Notice 159 of 2025, which substantially revised the merit regulations, provides the legal basis for verification, background assessment and the evaluation procedure.

The Evaluation Board considers the proposal and subsequent application and makes a recommendation. The final decision rests with the Minister responsible for citizenship.

This distinction is important. Naturalisation by merit is discretionary, and neither initial eligibility nor approval in principle creates an enforceable expectation that citizenship will ultimately be granted.

The 2025 amendments also strengthened the role of the regulator in relation to complaints concerning rejected merit applications.

Maltese Citizenship and EU Law

Maltese nationality remains governed principally by Maltese law. At the same time, nationality decisions producing Union citizenship must be exercised consistently with Malta’s obligations under EU law.

The post-2025 relationship between Maltese nationality law, contribution and European citizenship is examined further in Malta, Contributive Belonging and the Reordering of European Citizenship Law.

The 2025 CJEU judgment should not be reduced to the proposition that EU law created a general statutory “genuine link” test for every Maltese naturalisation. The Court’s decision specifically addressed the transactional structure of the former investor-citizenship arrangements and the consequences of granting Member State nationality under that framework.

For wider consideration of the development of investor and merit-based nationality routes under European law, see European Citizenship by Investment in 2026.

The present Maltese Citizenship by Merit provisions instead require an individual assessment of exceptional service, contribution or national interest within a discretionary naturalisation process.

Dual and Multiple Citizenship

Malta permits dual and multiple citizenship.

Earlier Maltese nationality law contained restrictions which could cause Maltese citizens to lose citizenship on voluntarily acquiring another nationality. Legislative reforms, particularly those effective from 2000, substantially liberalised this position.

As a result, a person acquiring or holding Maltese citizenship may generally also hold another nationality, subject to the nationality laws of the other country concerned.

A wider comparative explanation is available in the firm’s Dual Citizenship analysis.

This qualification is important because Malta’s acceptance of dual citizenship does not require another state to permit it.

Citizenship and Adoption

The Maltese Citizenship Act also regulates how adoption affects nationality.

The current Citizenship Regulations, S.L. 188.01 operate alongside the Act in regulating citizenship applications and prescribed procedures.

Act XXI of 2025 clarified the treatment of adopted persons by reference to the date of adoption and the age of the adopted person. Different rules apply to adoptions made during the periods specified by Article 17.

Because historic adoption cases can involve differing age thresholds and statutory periods, eligibility should be assessed against the version of the law applicable to the adoption concerned.

Renouncing Maltese Citizenship

A Maltese citizen of full age and capacity who also possesses another nationality may make a declaration seeking to renounce Maltese citizenship.

If the declaration is registered by the Minister, the person ceases to be a Maltese citizen.

The requirement that the person also holds another nationality reflects the principle that renunciation should not ordinarily result in statelessness. The Act also gives the Minister powers relevant to registration of a declaration in certain exceptional circumstances.

For further detail, see Renunciation of Maltese Citizenship.

Renunciation can have significant immigration, succession, family and nationality consequences and should therefore be considered in the wider context of the person’s other citizenships and residence rights.

Deprivation of Maltese Citizenship

The Maltese Citizenship Act separately provides for deprivation of citizenship in circumstances specified by law in relation to persons who acquired citizenship through registration or naturalisation.

Deprivation is not equivalent to renunciation. It involves a formal statutory process initiated by the State and is subject to the conditions and procedural safeguards contained in the Act and Citizenship Regulations.

For a fuller explanation of the distinction and statutory procedure, see Revocation of Maltese Citizenship under Maltese Law.

Article 14 should therefore be considered whenever questions arise concerning alleged fraud, false information or other circumstances capable of engaging the statutory deprivation provisions.

2026 Citizenship Law Changes

Further changes to Malta’s citizenship-law administration took effect in March 2026.

Three Legal Notices are particularly relevant:

• Legal Notice 58 of 2026 repealed the Agents (Licences) Regulations, S.L. 188.05, subject to transitional provisions applying to relevant historic applications.
• Legal Notice 59 of 2026 amended the rules relating to publication of the names of Maltese citizens and persons deprived of citizenship.
• Legal Notice 60 of 2026 amended the Community Malta Agency establishment framework.

The repeal of the former agent-licensing regulations reflects the move away from the previous investment-naturalisation infrastructure. References in older publications to the former licensed-agent regime should therefore be checked against the current law and the particular type and date of citizenship application involved.

Maltese Citizenship Act FAQs

What is the Maltese Citizenship Act?

The Maltese Citizenship Act, Chapter 188 of the Laws of Malta, is Malta’s principal nationality statute. The relationship between the Act and Malta’s different residence and citizenship statuses is considered further in Categorising Residence and Citizenship Options in Malta.

What is Chapter 188 of the Laws of Malta?

Chapter 188 is the Maltese Citizenship Act. It establishes the principal rules governing Maltese nationality and works together with subsidiary legislation. The current routes and legal basis are summarised in Maltese Citizenship in 2026.

How can Maltese citizenship be acquired?

Depending on the circumstances, Maltese citizenship may arise through birth or descent, registration, marriage or naturalisation. Naturalisation may occur under the ordinary residence provisions or, in exceptional cases, on the basis of merit under Article 10(9).

Does Malta still offer citizenship by investment?

No current Maltese law provides the former predetermined investment route to naturalisation. The historical framework and its termination are explained in Malta Citizenship by Investment.

What is Maltese Citizenship by Merit?

Citizenship by Merit is discretionary naturalisation under Article 10(9) of the Maltese Citizenship Act for persons rendering exceptional services or contributions to Malta or humanity, or whose naturalisation is considered of exceptional interest to Malta. See Malta’s Citizenship by Merit Law Explained.

Is eight months’ residence enough to obtain citizenship by merit?

No. Residence alone does not establish entitlement. Merit, due diligence, language, property and Malta ties are also assessed, and the final decision remains discretionary. The interaction between Malta’s current citizenship and residence framework is considered in A New Era for Malta Citizenship and Residency.

What changed for citizenship by descent in 2025?

Act XXI of 2025 replaced several historic 2007 and 2010 dates in the descent provisions with 1 August 2028. The official Gazette text of Act XXI of 2025 records the amendments to Articles 3 and 5.

Does Malta permit dual citizenship?

Yes. Maltese law generally permits dual and multiple citizenship. Whether another nationality can also be retained depends on the law of the other country concerned.

Can Maltese citizenship be renounced?

Yes. A Maltese citizen of full age and capacity who also possesses another nationality may seek to renounce Maltese citizenship by making the prescribed declaration, subject to registration by the Minister.

Can Maltese citizenship be revoked?

The Maltese Citizenship Act provides for deprivation of citizenship in defined circumstances affecting persons who acquired citizenship by registration or naturalisation. Any deprivation must follow the statutory requirements and applicable procedural safeguards.

Maltese Citizenship Law Experts Consulted

Dr Jean-Philippe Chetcuti is Senior Partner – Citizenship, Residency, Private Client Tax at Chetcuti Cauchi Advocates. He is a Maltese private-client lawyer advising internationally mobile families on citizenship, residence and cross-border tax matters, with longstanding experience in Maltese nationality law and naturalisation applications, including citizenship on the basis of merit.

Dr Antoine Saliba Haig is Partner – Immigration & Global Mobility at Chetcuti Cauchi Advocates. His doctoral research examined the acquisition and loss of citizenship under Maltese law, and his practice covers Maltese citizenship by descent, marriage, naturalisation and other nationality matters.

Key Firms in Maltese Citizenship Law

Chetcuti Cauchi Advocates’ Malta Citizenship Lawyers advise private clients and families on Maltese citizenship through descent, marriage and naturalisation, including the current Citizenship by Merit framework, together with related residence and private-client considerations. Chetcuti Cauchi Advocates is a Malta-based international law firm advising private clients, families and businesses on Maltese legal, tax and regulatory matters in a cross-border context.