Malta Citizenship by Descent

Maltese citizenship by descent is regulated by the Maltese Citizenship Act (Chapter 188 of the Laws of Malta), which sets out the rules for acquiring citizenship through descent, as well as other routes like birth, naturalisation, adoption and marriage. Prior to Malta's Independence, most citizenship regulations were embedded in the Constitution. Established in 1964 with Malta’s Independence, Malta’s citizenship laws have since evolved significantly. Amendments have enabled Maltese migrants to retain dual citizenship and allowed second and later generations to apply for Maltese citizenship. Furthermore, upon joining the European Union (EU), Maltese citizens automatically gained EU citizenship, granting them the rights enjoyed by all EU citizens.

The History of Maltese Emigration

More Maltese descendants now live abroad than on the islands, with the largest communities in Canada, the UK, and Australia. Emigration began in the 19th century, with many Maltese moving to Egypt (primarily Cairo and Alexandria) for work, driven by British economic and military activities. Maltese communities in North Africa have dwindled over time, with most relocating to France, the UK and Australia as independence movements emerged in the region. The economic downturn following World War I, particularly in the dockyard sector, spurred further migration. The interwar years saw approximately 15,000 Maltese nationals move to the US, with Detroit as a key destination. Large-scale emigration truly took off after World War II, with many Maltese leaving for English-speaking countries such as Australia, Canada, and the UK, in search of better opportunities.

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In the 21st century, following EU membership in 2004 and economic growth, some Maltese nationals have returned or moved to other EU countries. Today, Malta’s diaspora spans several continents, with strong communities in Australia, Canada, the US, and the UK. These communities continue to maintain their Maltese heritage and traditions.

Advantages of Maltese Citizenship

Obtaining Maltese citizenship by descent or holding dual nationality provides numerous benefits, including:

1. EU Citizenship: Maltese citizenship grants EU citizenship, allowing individuals the freedom to live, work, and study across EU member states.
2. Visa-Free Travel: Maltese nationals enjoy visa-free or visa-on-arrival access to over 190 countries, including the EU, UK, US, and Canada.
3. Education and Employment: EU citizens have access to European educational institutions, often benefiting from lower tuition fees.
4. Dual Citizenship: Malta permits dual or multiple citizenships, so applicants can retain other nationalities.
5. Investment Opportunities: Maltese citizens can invest and establish businesses within the EU with fewer restrictions, benefiting from various economic advantages.
6. Citizenship for Future Generations: Once acquired, Maltese citizenship can often be passed to future generations.

Eligibility for Maltese Citizenship by Birth

Upon Malta’s independence on September 21, 1964, the Independence Constitution specified conditions for acquiring Maltese citizenship, either by birth or descent, along with the registration process. These provisions were later consolidated under the Maltese Citizenship Act in 1965. Notably, a shift occurred from the ‘ius soli’ principle, whereby individuals born in Malta between 1964 and 1989 obtained citizenship by birth if their father was not a foreign diplomat. Since August 1, 1989, individuals have been eligible for citizenship if born to Maltese parents, regardless of the place of birth, moving towards the principle of ‘ius sanguinis’

Dual and Multiple Citizenship

Initially, Maltese law did not permit dual citizenship, except for minor children, who could retain Maltese citizenship by renouncing foreign citizenship upon reaching adulthood. Dual citizenship became formally recognized in 1989 for Maltese emigrants born in Malta and residing abroad for at least six years. Comprehensive amendments in 2000 allowed both Maltese citizens and foreign nationals who acquire Maltese citizenship by registration or naturalisation to hold multiple citizenships, subject to the laws of their home countries.

Citizenship by Registration and Descent

Further amendments in 2007 broadened the scope of the Maltese Citizenship Act to enable second and subsequent generations of Maltese descendants born abroad to apply for citizenship by registration.

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It is to be noted that under Article 3(5) of the Act, if a direct-line ancestor was alive on August 1, 2007, that ancestor must have acquired Maltese citizenship for subsequent generations to be eligible. When applying, applicants need to submit evidence of two generations of Maltese-born ancestors, typically through birth and marriage certificates.

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Obtaining Maltese citizenship by descent offers individuals of Maltese heritage a meaningful way to reconnect with their roots while unlocking the advantages of EU citizenship. Though the application process requires thorough documentation, the rewards include a lasting connection to a nation known for its cultural richness, Mediterranean lifestyle, and strategic position on the global stage.