Investment Migration Insider: Saliba-Haig on Maltese Citizenship by Descent

The IMI article highlights that Malta’s citizenship by descent framework is among the more expansive in Europe, largely due to legislative reforms that removed rigid constitutional limits and consolidated nationality rules into a single statutory regime. A central contribution of the article lies in clarifying that eligibility flows from legal descent and registration mechanics, not from ethnicity, surnames, or informal notions of belonging.

Dr Saliba-Haig also situates Maltese nationality law within a broader European context, noting how Malta’s recognition of its diaspora reflects post-war migration patterns and modern acceptance of multiple citizenship. The article underscores that while the law is generous in scope, it remains technical and evidence-driven, requiring careful interpretation of transitional provisions and statutory cut-off dates.

Maltese citizenship law is governed by the Maltese Citizenship Act (Chapter 188 of the Laws of Malta). While citizenship provisions were originally embedded in Malta’s Independence Constitution of 1964, these were later removed and consolidated into statute, allowing greater flexibility through legislative amendment.

The Act regulates acquisition of citizenship by birth, descent, registration, naturalisation, and marriage, with citizenship by descent forming a core component of the framework. Amendments over time have expanded eligibility beyond the first generation born abroad, subject to specific statutory safeguards.

The article places particular emphasis on Malta’s extensive diaspora, observing that many Maltese descendants reside outside the Maltese islands. Large-scale emigration occurred during the nineteenth and twentieth centuries, driven by economic pressures and employment opportunities linked to British commercial and military activity.

Significant Maltese communities developed in Australia, the United Kingdom, Canada, and the United States, with earlier migration also extending to North Africa. These historical movements underpin the modern policy rationale for citizenship by descent, recognising enduring legal ties between Malta and generations of descendants born overseas.

A key transition discussed is Malta’s shift from ius soli to ius sanguinis.

For a limited period following independence, persons born in Malta could acquire citizenship automatically based on place of birth. This approach was later replaced by a descent-based system, under which citizenship depends on the nationality of one or both parents at the time of birth, regardless of where the child was born. This aligns Malta with prevailing European nationality systems.

At independence, Maltese law generally prohibited dual citizenship, requiring renunciation of foreign nationality. This position was gradually relaxed, initially for emigrants and later more broadly.

Since reforms introduced in 2000, Maltese citizens may hold dual or multiple citizenship without forfeiting Maltese nationality, subject to the laws of the other country or countries involved.

Legislative amendments introduced a registration route for second and subsequent generations born abroad, subject to defined statutory conditions.

“Citizenship by descent under Maltese law is not a question of heritage alone, but of legal lineage, statutory timing, and documentary proof.”
‍Dr Antoine Saliba-Haig, Partner, Immigration & Global Mobility

Eligibility depends on direct descent from an ascendant born in Malta, together with compliance with provisions governing whether a parent in the direct line was alive at specific cut-off dates. Applications therefore turn on precise factual and documentary analysis rather than general heritage indicators.

Investment Migration Insider is a leading professional platform analysing global citizenship, residence, and mobility frameworks. Its publications provide practitioner-led commentary on nationality law developments worldwide.

Chetcuti Cauchi Advocates contributes legal analysis to international professional discourse on citizenship and global mobility, grounded in Maltese law and comparative European practice. This republication reflects the firm’s ongoing engagement with professional bodies and specialist journals.

About the Author: Professional Contribution and Expertise

Dr Antoine Saliba-Haig is a Maltese legal practitioner focusing on citizenship and nationality law, with particular emphasis on statutory interpretation of citizenship by descent and registration frameworks. He has contributed commentary to professional publications addressing European citizenship policy and diaspora-linked nationality systems.

Our lawyers advise individuals and families on Maltese citizenship law, including citizenship by descent, registration, and naturalisation. Assistance typically includes lineage assessments, statutory interpretation of transitional rules, preparation of registration submissions, and coordination of civil status documentation required by the competent authorities.

Citizenship by Descent FAQs

[question]Who Can Qualify for Maltese Citizenship by Descent?[/question]
[answer]Eligibility depends on direct descent from a Maltese citizen, the relevant dates of birth in the lineage, and compliance with registration conditions under the Maltese Citizenship Act (Chapter 188).[/answer]

[question]Is Maltese Citizenship by Descent Automatic?[/question]
[answer]In many cases it is not automatic and requires registration supported by documentary proof of lineage and compliance with statutory requirements.[/answer]

[question]Does Malta Allow Dual Citizenship for Descendants?[/question]
[answer]Yes. Maltese law permits dual and multiple citizenship, subject to the laws of the other country or countries involved.[/answer]

[question]Does a Maltese Surname Guarantee Eligibility?[/question]
[answer]No. Eligibility is based on documented legal descent and statutory criteria, not surnames or cultural affiliation.[/answer]