On the 24th of July 2025, Act XXI of 2025, the Maltese Citizenship (Amendment) Act (the “Amendment Act”) was enacted, introducing a number of amendments to the Maltese Citizenship Act (Chapter 188 of the Laws of Malta) (the “Citizenship Act” or the “Act”). These amendments principally address the judgment of the Court of Justice of the European Union (“ECJ”) in Commission v. Malta (C-181/23) by repealing statutory provisions that were considered as running counter to the ruling.
The salient features of the amendments introduced by means of the Amendment Act are set out below.
Discontinuation of the Citizenship for Exceptional Services Programme
The Granting of Citizenship for Exceptional Services programme has been discontinued. All references to the programme have been removed, effectively terminating the legal basis for the transaction-based acquisition of citizenship through financial contributions. This is in line with the position of the ECJ, which held that the granting of Maltese Citizenship through the Exceptional Services programme, “in absence of a genuine link of the applicants with the country, in exchange for predetermined payments or investments” violated Malta’s obligations under article 20 of the Treaty on the Functioning of the European Union.
Acquisition of Citizenship by Merit
The Act introduces a new citizenship framework in terms of which the Minister responsible for citizenship matters has discretion to grant Maltese citizenship to foreign nationals or stateless individuals who provide “exceptional services” or make “exceptional contributions”, to the Republic of Malta or to humanity at large. Such services or contributions can include, but are not limited to:
- Scientific research,
- Entrepreneurship and job creation,
- Artistic or cultural achievements,
- Philanthropic activities,
- Athletic or sporting excellence,
- Technological innovation
Additionally, the Minister may grant a certificate of naturalisation to any person whose citizenship is of “exceptional interest” to Malta, based on their skills, personal qualities, talents, or expertise that significantly advance the national interest.
This Amendment Act therefore shifts the focus from purely financial or investment-based citizenship programmes to a broader concept of individual merit, encompassing various fields of expertise.
The term “exceptional” is broadly defined as “manifestly superior or adding value”. This is intended to allow the authorities flexibility in assessing the extent and nature of an applicant’s contribution. Whether an applicant’s achievements fall within the scope of “exceptional” is determined on a case-by-case basis by the Minister, who weighs in on the applicant’s prospective value and contribution to Malta’s national interest.
The Amendment Act moreover removes all prior references under the Citizenship Act to agents. It would appear therefore, that in contrast to the previous Granting of Citizenship for Exceptional Services regime, under which applicants required licensed agents to submit applications, the requirement to engage a licensed agent no longer exists.
Extension of Timeframe in descent-based Citizenship
The Amendment Act extends the deadline of the date when the link required for the acquisition of citizenship by descent is deemed to be severed following the death of the relevant parent, whereby such circumstances would affect the right of subsequent generations to acquire Maltese citizenship by descent.
Various paragraphs in Article 17 have been revised to update how references to adopters are construed for citizenship purposes. These changes specify the conditions under which an adoption made on or after certain dates will be recognised in this respect.
Other Amendments
A noteworthy addition under the Amendment Act is Article 25A, which grants the Regulator the authority to investigate complaints relating to refusals of citizenship applications filed on the basis of merit. Specifically, if an applicant’s request for naturalisation has been refused, the applicant may lodge a complaint in the prescribed form. The Regulator will then examine the issues raised and present his conclusions to the Minister. This mechanism is intended to enhance transparency and oversight in the citizenship-by-merit process.
A newly established Monitoring Committee has also been introduced to monitor the workings for the process of the granting of Maltese citizenship by naturalisation on the basis of merit. The Monitoring Committee shall consist of the Prime Minister, the Minister and the Leader of the Opposition. The meetings of the Committee, which shall take place at least once a year, shall be presided by the Prime Minister and the Committee shall regulate its own procedure.
The new “citizenship by merit” route marks a significant evolution in Malta’s citizenship regime by placing emphasis on individual achievements and public benefit.
Prospective applicants – particularly those with noteworthy professional, academic, or philanthropic track records – now have a specialised path to acquire Maltese citizenship, subject to ministerial approval.
Should you have any queries on the new amendments to the Maltese Citizenship Act or require any further information on these latest changes, please get in touch with gabriella.chircop@camilleripreziosi.com or natalia.galea@camilleripreziosi.com.
