Malta’s Proposed Citizenship by Merit Bill Explained

Citizenship by merit is a formal route to Maltese nationality granted to individuals who have demonstrated extraordinary value to Malta or humanity. This may come in the form of achievements, innovation, service, or philanthropic work that is of exceptional interest to the Maltese nation. Though originally introduced in 2017, this route has now been reshaped and strengthened under new legal amendments aimed at enhancing its legitimacy and alignment with EU expectations.

Malta’s recent overhaul of its citizenship-by-investment scheme was largely prompted by a ruling by the European Court of Justice (ECJ) on 29 April 2025. The Court found that Malta’s previous programme, known as “Citizenship by Naturalisation for Exceptional Services by Direct Investment,” amounted to the commercialisation of EU citizenship.

The updated legislation serves three main purposes:

• Alignment with EU jurisprudence: The term “Citizenship for Exceptional Services” has been repealed in direct response to the ECJ ruling (Case C-181/23).
• Refinement of the merit-based route: The amendments establish clearer legal criteria for awarding citizenship strictly on merit, fully supporting Malta’s Vision 2050 strategy.
• Assertion of national sovereignty: The reform reaffirms Malta’s constitutional right to set its own citizenship rules, as upheld by the EU Court of Justice.

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Malta’s legal reforms bring significant changes to the citizenship framework:

• Abolition of fee-based scheme: Applicants can no longer obtain citizenship through fixed financial contributions or donations.
• Citizenship through Merit: Citizenship will now be granted exclusively on the basis of exceptional contributions whether through scientific breakthroughs, cultural achievements, philanthropy, or initiatives that generate employment and economic value in Malta.
• Legislative overhaul: The new bill, tabled on 30 June 2025, establishes a rigorous evaluation process overseen by an expert board and supported by enhanced due diligence mechanisms.

This pathway is designed for individuals who have made or are expected to make high-impact contributions in areas including:

• Scientific research and innovation
• Cultural heritage and the arts
• Sports and athletic achievement
• Entrepreneurship and business leadership
• Charitable and humanitarian efforts (newly recognised)
• Technological advancement (newly recognised)

Applicants must prove that their contribution is exceptional and directly relevant to the Republic of Malta.

An exceptional contribution means a clear and measurable benefit to Malta’s public interest, such as:

• Launching initiatives that create jobs or boost Malta’s economy
• Achieving international recognition that raises Malta’s profile
• Supporting social or charitable causes aligned with Maltese values
• Developing technological or cultural projects that position Malta as a leader in specific fields

The focus is on originality, relevance, and tangible impact.

The process is structured to guarantee transparency and integrity through multiple stages:

1. Residency Requirement: Applicants must first obtain Maltese residency before starting the citizenship application.
2. Formal Submission: Applications are lodged with Komunità Malta, the responsible national authority.
3. Due Diligence Review: A comprehensive screening assesses the applicant’s background and integrity.
4. Evaluation Board Assessment: An independent board evaluates the merit of the application and may conduct interviews.
5. Expert Endorsements: The board can seek input from professional or sector-specific bodies to verify the claimed merit.
6. Ministerial Approval: The Minister grants final approval based on the board’s recommendations.

Is a Financial Investment or Donation Required?

No. The merit-based pathway eliminates any requirement for fixed financial contributions, focusing solely on the applicant’s exceptional achievements and service.

Is Due Diligence Still Part of the Process?

Absolutely. Due diligence is even more stringent under the new framework, reflecting Malta’s prioritisation of security and integrity in citizenship decisions.

Can the Government Seek External Validation?

Yes. The Evaluation Board may consult sector experts and relevant Maltese authorities to verify the legitimacy and national relevance of the applicant’s contributions.

What About Past Citizens Who Applied Under the Previous Framework?

Individuals who obtained Maltese citizenship under the former “exceptional services” provisions retain their full rights. Their citizenship status remains unaffected by the new legislation.

Broader Consequences: Residence-by-Investment Still Available

While Malta has repealed its citizenship by investment law, it continues to offer residence-by-investment programmes, such as the Malta Permanent Residence Programme (MPRP).

What Does the Law Actually Say?

The updated Citizenship Act now states:

“Notwithstanding the provisions of this Act or any other Act, the Minister may grant a certificate of naturalisation as a citizen of Malta by merit to an alien or stateless person, namely to a person who renders exceptional services or who makes an exceptional contribution, including through job creation, to the Republic of Malta or to humanity, or whose naturalisation is of exceptional interest to the Republic of Malta.”

At Chetcuti Cauchi Advocates, our leading Global Citizenship & Immigration team offers strategic, end-to-end support for individuals pursuing Maltese citizenship by merit. We provide tailored legal and tax guidance at every stage of the process, including:

• Pre-application eligibility analysis and strategy planning
• Personalised legal and tax structuring ahead of relocation
• Assistance with compiling, reviewing, and submitting documentation
• Coordination with governmental agencies on the investment to be done in Malta.