Maltese citizenship is governed by the Maltese Citizenship Act, Chapter 188 of the Laws of Malta, together with the relevant subsidiary legislation and legal notices issued from time to time. The Act provides the legal framework for the acquisition, deprivation, and renunciation of Maltese citizenship and is administered by the Community Malta Agency, the competent authority on citizenship matters. The law offers multiple routes to citizenship, including by birth, descent, registration, naturalisation, and merit.

Historical Context and Legal Development

Upon attaining independence on 21st September 1964, Malta adopted a Constitution that established the first legal rules governing Maltese citizenship. These initial provisions defined who acquired citizenship by birth, descent, or registration at the time Malta became an independent sovereign state.

In 1965, the Maltese Citizenship Act (Cap. 188) was enacted to complement the constitutional framework. In 2000, all citizenship-related provisions were fully transitioned from the Constitution to the Maltese Citizenship Act. Since then, the Act has undergone significant reforms, notably in 1989, 2000, and 2007, reflecting Malta’s evolving nationality policy. The 2007 amendments extended eligibility for citizenship by registration to second and subsequent generations born abroad, provided they are direct descendants of Maltese-born ancestors.

Routes to Maltese Citizenship

Citizenship by Birth

Today, Maltese citizenship by birth is regulated by Article 5 of the Maltese Citizenship Act. Malta does not confer jus soli citizenship—being born in Malta does not in itself entitle an individual to citizenship, unless at least one parent is Maltese.

Historically, persons born in Malta before 21st September 1964, who were Citizens of the United Kingdom and Colonies, became Maltese citizens provided one of their parents was also born in Malta. Between 21st September 1964 and August 1989, individuals born in Malta were automatically granted citizenship unless their father was a foreign diplomat with immunity. Since 1989, citizenship by birth requires that at least one parent be a Maltese citizen at the time of the individual’s birth, regardless of place of birth.

Citizenship by Descent

Persons who are direct descendants of Maltese-born ancestors may acquire citizenship by registration under Article 7 of the Act. The applicant must demonstrate lineage through two successive generations of ascendants who were both born in Malta. Supporting documentation typically includes birth and marriage certificates to prove the genealogical connection.

However, if the relevant parent of the applicant was alive on 1st August 2007, that parent must have acquired Maltese citizenship before the descendant may be registered. A transitional provision allows such parents who passed away before 1st August 2010 and who would have been entitled to citizenship under the law to be deemed as having acquired it for the purposes of the descendant’s application.

Citizenship by Marriage

Under Article 6(1) of the Act, foreign nationals who have been married to and residing with a Maltese citizen for at least five years may apply for citizenship by registration. The grant is subject to the Minister’s discretion and must not be considered contrary to the public interest.

Citizenship by Naturalisation

Foreign nationals may acquire Maltese citizenship by naturalisation under Article 10(1), subject to satisfying certain residence and integration criteria:

  • Continuous residence in Malta for 12 months immediately prior to application;
  • Residence in Malta for at least four years out of the preceding six years;
  • Adequate knowledge of Maltese or English;
  • Good character and suitability as a future citizen.

Applicants must submit their valid and expired passports, as well as supporting evidence of physical residence in Malta. Two sponsors are required: one must be a Maltese citizen who has known the applicant for at least two years; the other must be a professional such as a lawyer, notary, medical doctor, parish priest, magistrate, judge, or senior police officer.

Importantly, naturalisation is discretionary. The Minister is not obliged to approve an application even if all criteria are satisfied and is under no legal duty to provide reasons for refusal. Decisions are not subject to appeal.

Citizenship by Naturalisation on Grounds of Merit

Under Article 10(9) of the Act, the Minister may grant citizenship by naturalisation in recognition of an individual’s exceptional contribution to the Republic of Malta. This route, commonly referred to as citizenship by merit, is available to persons who have made outstanding achievements in sectors such as science, culture, sport, business, or national interest.

The acquisition of Maltese citizenship is governed by a robust and evolving legal framework that reflects both Malta’s national interest and its international obligations. Whether sought on the basis of descent, residence, merit, or economic contribution, Maltese citizenship opens the door to a secure European jurisdiction with extensive rights, including EU citizenship, visa-free travel, and access to a stable legal and financial system.