Citizen by Merit – Outlining Recent Updates to Maltese Citizenship Law

The 2025 amendments to the Maltese Citizenship Act replace the previous Citizenship by Investment framework with a new merit-based system. They aim to link citizenship to exceptional services, contributions or interest to Malta or humanity, clarify the roles of applicants and dependants and establish a structured application process with enhanced due diligence and oversight.

On the 24th of July 2025, the Government of Malta enacted amendments to the Maltese Citizenship Act (Chapter 188 of the Laws of Malta) and related subsidiary legislation with a purpose to:

• bring Maltese law into conformity with EU obligations;
• reinforce merit-based citizenship grounded in national interest and societal contribution; and
• uphold the principle that the granting of citizenship remains a sovereign national competence.

In practice, the new amendments enact a new citizenship framework replacing Malta’s previous Citizenship by Investment (CBI) programme.

Merit-Based Regime

The primary Regulations that previously governed the CBI programme, namely the ‘Granting of Citizenship for Exceptional Services Regulations’ (Subsidiary Legislation 188.06 of the Laws of Malta; the “Principal Regulations”), have been duly amended and several provisions have been replaced with a revised regime entitled the “Granting of Citizenship by Naturalisation on the Basis of Merit Regulations” by virtue of Legal Notice 159 of 2025 (the “New Regulations”) published on the 30th of July, 2025.

This change reflects a substantive policy shift tying the granting of Maltese citizenship to exceptional merit, service or contribution. In fact, the title of Part II of the New Regulations now refers to ‘Applications for citizenship by naturalisation on the basis of merit,’ replacing the former reference to general provisions of granting of citizenship for exceptional services.

Revised Legal Authority for Merit-Based Citizenship

In accordance with amendments made to provision 2 to the Principal Regulations, under the amendments introduced by Act No. XXI of 2025, (the “Amendment Act”), article 10(9) of the Maltese Citizenship Act now empowers the Minister to grant citizenship on the basis of merit.

Citizenship may be conferred on individuals who:

• Render exceptional services or make exceptional contributions to Malta or to humanity; or
• Are of exceptional interest to the Republic of Malta.

By “exceptional” the law means manifestly superior or adding value; and by “exceptional services” and “exceptional contributions” the law means services rendered and contributions made by scientists, researchers, athletes, sports persons, artists, cultural performers, entrepreneurs, philanthropists and technologists, amongst other persons of interest to the Republic of Malta from time to time, or to humanity. On the other hand, “exceptional interest” means any person who shall be deemed by the Minister to possess the necessary skills, profile, qualities, talents and expertise that are considered to significantly advance or benefit the national interest of the Republic of Malta.

Therefore, a person may qualify for a certificate of naturalisation in accordance with the New Regulations if such person:

(a)  renders an  exceptional  service  to the Republic of Malta or to humanity; or

(b)  makes  an   exceptional   contribution   to  the Republic of Malta or to humanity; or

(c)  is of exceptional interest to the Republic of Malta.

The dependant of the main applicant is not required to meet the above qualifications.

Applicability

Although the Amendment Act entered into force on the 24th July 2025, a transitory provision in clause 11 of the Amendment Act explicitly states that any applications filed under article 10(9) of the Maltese Citizenship Act before this date will not be subject to the new regulations, unless subsequent regulations issued under the Amendment Act specify otherwise.

Clarified Definitions of Applicants and Dependants

In this regard, it was generally understood that an applicant referred to the main individual applying for Maltese citizenship. Dependants could include a spouse and children, but criteria on age, dependency, or relationship status were less strictly codified. The New Regulations through amendments made to provision 2 of the Principal Regulations, now offer clearer definitions of applicants and dependants:

• An “applicant” includes any person submitting a citizenship application, either on their own behalf or on behalf of another and excluding dependants. Therefore, it excludes any person classified solely as a dependant (they are not “applicants” under this definition).
• A “dependant” includes family members of the main applicant, specifically:

(a) Spouse or equivalent partner in a legally recognized relationship such as marriage, civil union, domestic partnership, or common law marriage, with the term “spouse” being gender neutral. Other equivalent relationships may be recognised at the Minister’s discretion.

(b) Minor children (including “adopted” children in terms of provision 6 of the Amendment Act) under the age of 18 at the time the proposal letter is accepted.

(c) Adult children (ages 18–28), unmarried and financially dependent on the applicant.

(d) Adult children with disabilities, provided they are wholly or largely maintained by the applicant and qualify as persons with disability under the Equal Opportunities (Persons with Disability) Act (Chapter 413 of the Laws of Malta).

Application Requirements and Procedural Amendments

To qualify for naturalisation under the New Regulations, a person, including a dependant of the main applicant, must satisfy all the below requirements stipulated by law, in that they must:

1. Take the oath of allegiance to the Republic of Malta;
2. Commit to upholding Malta’s fundamental constitutional and democratic values;
3. Support the Maltese community through financial contributions to be made to the Government of Malta in the spirit of social justice and equity;
4. Satisfy all applicable regulatory requirements, wherein “the Agency shall ensure the ongoing fulfilment of commitments and continuing obligations, and if necessary, it may request proof of observation of these commitments and obligations and make its own verifications” as outlined in article 22 (2) of the New Regulations.

Revised Decision-Making Roles

This framework is now built on the collaboration and procedural coordination between three distinct entities:

1. the Community Malta Agency (the “Agency”);
2. the Evaluation Board (the “Board”); and
3. the Minister responsible for Citizenship (the “Minister”).

Each body plays a distinct and complementary role in the evaluation and determination of applications.

Firstly, the Evaluation Board, as regulated by provision 12 of the New Regulations, serves as the expert body responsible for conducting the substantive assessment of the application once it has been processed and verified by the Agency. Its role is principally consultative and analytical in nature, as delineated in provision 13 of the New Regulations. Therefore, the Board issues a formal recommendation, either in favour of or against approval, which it submits back to the Agency. However, the Board does not possess the power to grant or deny citizenship; it functions solely as an advisory entity within the process.

The Agency (Agenzija Komunita’ Malta) acts as the primary administrative authority overseeing the application process from initial submission through to final determination. Therefore, following the receipt of the Board’s recommendation, the Agency transmits the outcome to the Minister for final decision. Notably, the Agency does not possess any discretionary powers to approve or reject applications on its own authority.

The Minister serves as the final authority empowered to determine the outcome of citizenship applications submitted under this framework. Upon receiving the Board’s recommendation from the Agency, the Minister exercises sole and absolute discretion to either approve or reject the application.

The Minister’s decision is final, and there is no legal obligation to provide reasons for such decision, whether it is in favour or against the applicant. This final decision concludes the administrative process, with no further recourse or appeal expressly provided within the regulations.

Proposal Letter and Due Diligence Enhancements

With regards to the applicable procedure, applicants must first submit a comprehensive proposal letter to the designated Board through the Agency pursuant to article 11A (1) of the New Regulations, prior to submitting a formal application. The proposal letter shall according to law, consist of the following:

“(a) an introduction of the applicant and, if applicable, his dependants together with a comprehensive overview of his achievements;

(b) a detailed description of the exceptional service or exceptional contribution the applicant intends to render or make for the benefit of the Republic of Malta or of humanity in accordance with these regulations, or a detailed description of why he should be considered of exceptional interest to the Republic of Malta;

(c) a detailed plan on how the applicant intends to continue contributing to the Republic of Malta following naturalisation, should the application be successful; and

(d) any other documents the Agency may request following receipt of the proposal letter.”

This proposal letter would be subject to enhanced vetting according to article 11A (2), including:

• A multi-tier due diligence process (minimum four levels);
• Background checks on the applicant and all dependants including security checks in accordance with the Data Protection;
• Anti-money laundering and counter-terrorism financing screening;
• Verification of supporting documentation and claims.

Only upon approval of the proposal letter and confirmation and fulfilment of the aforementioned checks-and-balances may the applicant proceed to the next stage. During this process, the Board may, inter alia, request additional documents or information from the applicant, through the Agency, as it deems necessary.

Eligibility Requirements Following Proposal Approval

By virtue of article 11 (B), upon acceptance of the proposal, the applicant must:

• Prove residence in Malta for a minimum of 8 months;
• Demonstrate ownership or lease of appropriate residential property (subject to certain exemptions which may apply);
• Show adequate proficiency in English or Maltese;
• Provide an indication of the exceptional service, contribution, or interest relevant to Malta or humanity, together with an endorsement by the designated competent body, as may be requested by the Board;
• Provide proof of all other ties created with the Republic of Malta as at that stage as proposed in the proposal letter;
• Reconfirm the content of the original proposal and their commitment to Malta.

The Decision

Once the Agency is satisfied that the application is complete and that all necessary checks and controls under regulation 11B(2) have been fulfilled, it shall refer the matter to the Board for evaluation. This evaluation applies to the applicant and any dependants included in the application, and is conducted further to the proposal letter previously submitted by the applicant.

The Board shall carry out this evaluation within a reasonable timeframe. During this process, the Board may, as it deems necessary, request additional information or documentation from the applicant through the Agency.

Following its evaluation, the Board shall have the authority to issue a formal recommendation to the Agency; either for approval or rejection of the application. The Agency shall then submit the Board’s recommendation to the Minister responsible for citizenship, who shall make the final decision on the application.

The Minister is under no obligation to provide reasons for the decision taken. The Minister’s decision shall be final and not subject to appeal.

• If the Minister rejects the application, the Agency shall notify the applicant in writing of the decision.
• If the Minister approves the application, the Agency shall issue a letter of approval in favour of the applicant and any included dependants. This letter of approval may include certain continuing obligations that the applicant must fulfil, where applicable.

Issuance of Naturalisation and Revocation Procedures

Lastly, the Agency retains the authority to suspend or terminate an application prior to final certification in cases where:

• The applicant fails to meet the required conditions; and
• The Minister no longer considers the applicant worthy of Maltese citizenship.

Concluding remarks

The 2025 amendments to the Maltese Citizenship Act indicate a clear shift towards enhanced procedural scrutiny based on merit-based evaluation, and independent institutional powers.

Whilst the New Regulations introduce a more structured, multi-tiered process involving the Agency, the Evaluation Board, and the Minister, thereby increasing procedural accountability and administrative oversight, notably, the Minister retains absolute discretion without any obligation to provide reasons for rejecting applications. Furthermore, no right of appeal or review is granted, potentially limiting transparency. Additionally, the criteria for what qualifies as “exceptional service” or “merit” still remain broad and open to interpretation, leaving room for some subjective or inconsistent application approvals or rejections.

How Can AE Help

Navigating Malta’s new merit-based citizenship framework can be complex. At AE Legal we provide clear and practical guidance on the 2025 amendments, preparing proposal letters and meeting all procedural and eligibility requirements. Whether you are considering applying for naturalisation or need support in assessing your options under the new regulations, our team of experts is ready to guide you every step of the way. Contact us today to arrange a consultation.