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Closed (CJEU C-181/23, 29 Apr 2025; repealed Jul 2025)

Malta citizenship by investment: closed after the EU Court ruling

Malta citizenship by investment no longer exists. On 29 April 2025 the Grand Chamber of the Court of Justice of the European Union ruled in Commission v Malta (C-181/23) that Malta's investor citizenship scheme, which granted naturalisation in exchange for predetermined payments or investments, breached Article 20 TFEU and the duty of sincere cooperation in Article 4(3) TEU[1][2]. Investor applications were reportedly halted from that day, Parliament repealed the scheme through Act XXI of 2025 (published 24 July 2025)[5], and Legal Notice 159 of 2025 (29 July 2025) declared that every pending investor file not approved by the Minister before 29 April 2025 "shall cease to have effect"[7].

What remains is a discretionary citizenship by merit route for people who render exceptional services or contributions, ordinary naturalisation after about five years of genuine residence, and Malta's residency-by-investment programme, the Malta Permanent Residence Programme (MPRP), which gives permanent residence but no passport. This page explains the ruling, what happened to pending applicants and existing citizens, the current Malta citizenship requirements, and the live alternatives with realistic costs.

Last verified:

Is Malta citizenship by investment still available?

No. Since 29 April 2025 nobody can buy Maltese citizenship, and since the July 2025 amendments the legal provisions that made it possible are gone. Act XXI of 2025 rewrote Article 10(9) of the Maltese Citizenship Act so that the Minister may only grant naturalisation "by merit" to a person who "renders exceptional services or who makes an exceptional contribution, including through job creation" to Malta or to humanity, or whose naturalisation is of "exceptional interest" to Malta[5]. The law defines "exceptional" as "manifestly superior or adding value" and lists scientists, researchers, athletes, artists, cultural performers, entrepreneurs, philanthropists and technologists as typical profiles[5].

Legal Notice 159 of 2025 then deleted every MEIN-specific provision from the subsidiary legislation: the eligibility assessment, the investment requisites, the "first five years" obligations, the cap on admissions, the fee schedule and the non-refundable contribution rules[7]. The regulations were retitled the Granting of Citizenship by Naturalisation on the basis of Merit Regulations (S.L. 188.06)[6].

Some websites still advertise "Malta citizenship by merit" packages with price tags. Under the current text, financial contribution alone is not a ground for merit; each case goes through an Evaluation Board and the Minister, who need not give reasons and whose decision is final[6]. Treat any offer that quotes a fixed price for a Maltese passport with great caution.

Timeline: from investor programme to merit route

Key dates in the rise and end of Malta's investor citizenship
DateEventSource
2014Individual Investor Programme (IIP) launched; later capped at 1,800 main applicants[3][13]
20 Oct 2020European Commission sends letters of formal notice to Malta and Cyprus over "golden passport" schemes[4][3]
20 Nov 2020MEIN regulations (L.N. 437 of 2020) replace the IIP: €600,000 or €750,000 contribution, cap of 1,500 main applicants and 400 a year[8]
9 Jun 2021Commission sends an additional letter of formal notice covering the new scheme[3]
6 Apr 2022Commission issues a reasoned opinion. Malta had already suspended the scheme for Russian and Belarusian nationals after Russia's invasion of Ukraine (February 2022), but kept it open to everyone else[3]
29 Sep 2022Commission decides to refer Malta to the Court of Justice[3]
21 Mar 2023Action lodged at the Court (Case C-181/23)[1][14]
29 Apr 2025Grand Chamber judgment: scheme contrary to Article 20 TFEU and Article 4(3) TEU; Malta ordered to pay costs. Investor applications reportedly halted the same day[1][2][13]
24 Jul 2025Act XXI of 2025 published after unanimous approval; investor wording removed from the Citizenship Act[5][11]
29 Jul 2025L.N. 159 of 2025: MEIN rules deleted; unapproved MEIN applications cease to have effect[7]
The Commission's referral decision was announced in press release IP/22/5422; the 2020 letters in IP/20/1925.

What the EU Court decided in C-181/23

The case was an infringement action brought by the European Commission under Article 258 TFEU. The Commission had argued since October 2020 that granting nationality, and with it EU citizenship, "in return for pre-determined payments or investments without any genuine link" with the Member State is incompatible with Article 4(3) TEU and Article 20 TFEU, and noted that Malta was the only Member State still running such a scheme[3][4].

The Grand Chamber agreed. It accepted that each Member State decides who its nationals are, but held that this competence must be exercised in compliance with EU law, because EU citizenship rests on a "special relationship of solidarity and good faith" between a state and its nationals and on mutual trust among Member States[1]. A naturalisation procedure that is in substance a transaction, granting nationality in exchange for predetermined payments or investments, amounts to the commercialisation of the status of national and therefore of EU citizenship[1][2]. Commentators note the Court rested its reasoning on the transactional nature of the scheme rather than on a strict "genuine link" test[14].

What the judgment did not do

The judgment is a declaration that Malta failed to fulfil its Treaty obligations. It did not annul individual naturalisations or order Malta to withdraw passports already issued[12][14]. There is no appeal from a Grand Chamber infringement judgment; Malta was ordered to pay the costs[1]. The legislative response, not the judgment itself, is what formally ended the programme.

Pending applicants and existing citizens

Pending MEIN applications

Many agent websites still describe pending files as "in limbo" or handled "case by case"[12][13]. The legal text is clearer. Article 27(4) of the amended Act says Act XXI of 2025 does not apply to Article 10(9) applications filed before it came into force, but expressly "subject to any regulations"[5]. The transitory provision of L.N. 159 of 2025 then states that applications submitted under Part IV (the MEIN rules) "which had not been approved for naturalisation by the Minister under the said Part IV prior to 29 April 2025, shall cease to have effect"[7]. In practice, an investor applicant who did not have ministerial approval by the date of the judgment has no live application.

Whether any part of deposits or fees already paid is refundable is not addressed in the published amendments we reviewed. Under the 2020 rules, the €10,000 deposit and due-diligence fees were expressly non-refundable[8]. Former applicants should take Maltese legal advice on any claim against the state or their service provider.

People who already hold Maltese citizenship through MEIN or the IIP

The same transitory provision says that the acquisition, deprivation or retention of citizenship regulated by the law in force before the amendments "shall continue to be regulated by, and shall remain valid under" that law[7]. Citizenship already granted therefore stands, and holders remain bound by the obligations they accepted at naturalisation[11]. Like every naturalised citizen, they can still be deprived of citizenship under Article 14 of the Act, for example for fraud, false representation or concealment of a material fact, or a prison sentence of 12 months or more within seven years of naturalisation[5].

What the closed investor route used to cost

MEIN requirements under S.L. 188.06 as in force from December 2020 (historical, no longer available)
ItemAmountNotes
Contribution, main applicant (36 months' residence)€600,000€10,000 paid as non-refundable deposit
Contribution, main applicant (fast track, 12 months' residence)€750,000Residence could be reduced to 12 months for the higher contribution
Contribution per dependant€50,000Spouse, children, parents as defined
Residential property€700,000 purchase or €16,000 a year rentHeld for at least 5 years after citizenship
Donation to a registered NGO€10,000 minimumBefore the certificate was issued
Due diligence€15,000 main applicant; €10,000 per dependantPlus €15,000 per third-party funder
Administrative fees€1,000 eligibility + €500 citizenship per applicantExclusive of taxes
Residence-permit fee for applicants€5,000 + €1,000 per dependantTo start the residence period
Caps on main applicants400 a year; 1,500 in totalDependants not counted
Source: Granting of Citizenship for Exceptional Services Regulations, version of 17 December 2020[8]. On the regulations' figures, a couple with two children on the 36-month track renting the minimum property paid about €900,000 in contributions, due diligence, government fees, the donation and five years' rent, before legal and agent fees.

Malta citizenship requirements today

With the investor route gone, foreigners have four realistic ways to become Maltese. All of them require real ties to Malta.

1. Ordinary naturalisation (Article 10(1))

An adult may apply after living in Malta throughout the 12 months immediately before the application and for at least four years in aggregate during the six years before that, which in effect means five years of residence within seven[5]. The applicant must have an adequate knowledge of Maltese or English, be of good character and be a "suitable citizen of Malta", and must take the oath of allegiance[5]. The Minister has discretion: an application that meets the residence threshold can still be refused, and reasons need not be given[16].

2. Citizenship by merit (Article 10(9))

For people of exceptional standing or contribution: see the process below. There is no published price, but there are non-refundable administrative fees set by Community Malta Agency, a residential-property requirement and at least eight months' residence before the formal application[6].

3. Marriage to a Maltese citizen

A foreign spouse can register as a citizen after five years of marriage and living together, subject to public-interest checks[5][16].

4. Descent

Children and certain descendants of Maltese citizens, and people descended from someone born in Malta, can register or be naturalised under Articles 5, 10(2)–(4) and related provisions[5][16].

Routes to a Maltese passport compared

Current routes for foreigners (October 2026)
RouteMinimum residenceMoney requiredDecision
Ordinary naturalisation12 months immediately before + 4 of the prior 6 yearsNo investment; state fees onlyMinisterial discretion
Citizenship by meritAt least 8 months before the formal application, plus adequate residential propertyNo fixed amount; non-refundable agency fees (unpublished)Evaluation Board recommendation, Minister decides, no reasons
Marriage5 years of marriage and cohabitationNoneRegistration, public-interest check
DescentVariesNoneRegistration or naturalisation
MPRP (residence only)No minimum stay to keep the permit€99,000 in fees and donation + property (see below)Permanent residence, not citizenship
Sources: Maltese Citizenship Act[5], S.L. 188.06[6], Residency Malta[9].

How the merit route works, step by step

The procedure in S.L. 188.06 as substituted by L.N. 159 of 2025[6][7]:

  1. 1

    Proposal letter

    The applicant sends the Evaluation Board, through Community Malta Agency, a letter setting out their achievements, the exceptional service or contribution they will make to Malta or humanity (or why they are of exceptional interest), and a plan for continuing to contribute after naturalisation[6].

  2. 2

    Four-tier due diligence

    Before the Board sees the file, the Agency runs due diligence of four tiers or more, including third-party specialist providers and law-enforcement checks, and collects non-refundable administrative fees[6].

  3. 3

    Board evaluation and approval in principle

    A Board made up of a chairperson (an advocate of at least seven years' standing) and two panel members with expertise in sport, culture, the arts, science, research, philanthropy, technology or entrepreneurship recommends approval or rejection. The Minister decides; if approved, a letter of approval in principle is issued[6].

  4. 4

    Residence and ties

    The applicant must then show at least eight months' residence in Malta before applying, title to adequate residential property, Maltese or English language knowledge, an endorsement from a designated competent body if the Board requests it, and proof of the ties promised in the proposal[6].

  5. 5

    Formal application and second review

    Due diligence is updated, further fees are paid and the Board evaluates again. The Minister's decision is final and needs no reasons. A refused applicant may complain to the independent Regulator, who reports to the Minister[5][6].

  6. 6

    Oath and continuing obligations

    The oath of allegiance must be taken within six months of the letter of approval (extendable in exceptional circumstances). Before the oath, the applicant signs an undertaking to meet any continuing obligations; failure to meet them can lead to deprivation of citizenship[6].

Family members under the merit route

Dependants may be included: a spouse or partner in an equivalent relationship, children under 18, unmarried children aged 18 to 28 who are wholly or largely supported by the main applicant, and adult dependent children with a disability[6]. Unlike the old MEIN schedule, there is no published per-dependant price. Under ordinary naturalisation, each adult applies on their own residence record; minor children can be naturalised on a parent's application[5].

How long the merit route and naturalisation take

No official processing time is published for the merit route. It requires two rounds of due diligence and Board review and at least eight months' residence before the formal application, so in practice it takes well over a year, but we found no reliable published estimate and none of the sources we checked gives one. Ordinary naturalisation needs at least five years of qualifying residence plus a processing period that the government does not publish. By comparison, MEIN files typically took 12 or 36 months of residence plus processing[8].

What is still open in Malta: the MPRP residence route

If what you wanted from Malta was a secure EU base, Schengen travel and family residence, the Malta permanent residence programme is still open. Residency Malta Agency lists these requirements[9]:

  • Administrative fee: €60,000 (non-refundable)
  • Government contribution: €37,000, the same for the purchase and rental options
  • €7,500 for each adult dependant (an unmarried dependent child aged 18 to 28, or a dependent parent or grandparent); the spouse and minor children pay no fee beyond the residence card
  • Residential property: purchase of at least €375,000 or rent of at least €14,000 a year, held for five years
  • Capital assets of at least €500,000 (of which €150,000 financial) or €650,000 (of which €75,000 financial)
  • Donation of €2,000 to a registered Maltese NGO
  • Residence card fee: €500 per person for five years

That puts the cheapest MPRP outlay, using the rental option, at about €169,500 for a single applicant over five years (€99,000 in fees and donation, €70,000 minimum rent and a €500 card), or about €171,000 for a couple with two minor children, on top of showing the required capital[9]. MPRP does not lead to a passport by itself. Permit holders who actually move to Malta and live there can count that residence toward ordinary naturalisation, but the MPRP has no minimum-stay rule, so time spent abroad does not count.

Tax points for Maltese citizens and residents

Citizenship itself does not make you tax resident in Malta. Maltese income tax depends on residence and domicile. Residents who are not domiciled in Malta are broadly taxed on Maltese-source income and on foreign income remitted to Malta, which is why many MPRP holders keep foreign income offshore[17]. Malta has no wealth tax or inheritance tax as such, though duty applies to transfers of Maltese property and shares[17]. Before moving, take advice on how your current country taxes departing residents, and on whether any special Maltese residence regime fits your income.

Pros and cons of Malta after the ruling

Pros

  • Legal certainty: the CJEU ruling and the 2025 laws close the question; nothing is left to lobby about
  • Existing citizenships granted before the changes remain valid under transitional rules
  • Malta still offers permanent residence for about €99,000 in fees plus property or rent
  • Multiple citizenship is allowed, so a later naturalisation need not cost your current passport
  • A Maltese passport gives visa-free or visa-on-arrival access to about 185 destinations

Cons

  • No route to buy citizenship; the merit track is discretionary and gives no reasons for refusal
  • Pending MEIN files not approved by 29 April 2025 ceased to have effect
  • Ordinary naturalisation needs about five years of genuine residence within seven
  • MPRP time spent outside Malta does not count toward naturalisation
  • Agents still market 'merit' packages with price tags, creating scam and refusal risk

Malta citizenship alternatives

Investors who came to Malta for a second passport now usually choose between an EU residence permit that might lead to citizenship after years of real residence, and a Caribbean passport available in months. The figures below come from our individual program guides, where each is verified and sourced.

EU residence instead of an EU passport

Citizenship in months: the Caribbean

Caribbean passports give Schengen visa-free travel but not the right to live in the EU, and the EU is pressing these states over their programmes; read our analysis of the EU visa-free risk for Caribbean passports before committing.

EU citizenship for very large investors

Austria's discretionary citizenship under Section 10(6) of its Citizenship Act is the only remaining EU route tied to economic contribution. There is no statutory price and it is reserved for very large, job-creating investments. Our overview of EU passports through investment compares every European option, and the list of closed programmes tracks Malta alongside Cyprus, Montenegro and Bulgaria.

Alternatives at a glance

Live alternatives to Malta citizenship by investment (headline minimums, October 2026)
OptionMinimumWhat you getPassport timing
Malta MPRP€99k fees + €375k property or €14k/yr rentEU permanent residenceOnly via ordinary naturalisation after ~5 years of genuine residence
Portugal investment residence permit€500k fundEU residence, minimal stayAbout 10 years since May 2026; see our Portugal citizenship guide
Greece residence by investment€250k / €400k / €800k propertyEU residence, no stay ruleRequires genuine residence; see our Greece citizenship guide
St Kitts and Nevis$250k donationCitizenshipMonths
Grenada$235k donationCitizenship, E-2 accessMonths
Austria (discretionary)No statutory minimum; very large investment in practiceEU citizenshipCase by case
Minimums are taken from our individual program guides and exclude fees unless stated. Check each guide for the full cost.

Who should still look at Malta, and who should look elsewhere

Malta still makes sense for families who want an English-speaking EU base with permanent residence from the start and are prepared to actually live there if they later want a passport; for founders, researchers, athletes and philanthropists whose record could genuinely meet the "exceptional" test; and for spouses and descendants of Maltese citizens.

Look elsewhere if your main goal is a second passport within two or three years without relocating. No EU state now sells citizenship, so the realistic choice is a Caribbean passport for speed, or an EU residence permit for long-term EU rights. Our guide to the fastest residence-to-citizenship paths and our comparison of buying citizenship versus residence set out the trade-offs, and the citizenship programs hub lists every live option by budget.

Malta citizenship FAQ

Is Malta citizenship by investment still available in 2026?

No. The Court of Justice of the EU ruled on 29 April 2025 (C-181/23) that Malta's scheme commercialised EU citizenship. Malta suspended it that day, repealed it with Act XXI of 2025 on 24 July 2025, and L.N. 159 of 2025 deleted the investor rules on 29 July 2025[1][5][7]. The only route left with a link to economic contribution is the discretionary merit route, which has no price and requires residence, property and an exceptional profile. Any provider quoting a fixed price for a Maltese passport is not describing a legal programme.

Malta naturalization: how many years of residence do I need?

Under Article 10(1) of the Maltese Citizenship Act you must have lived in Malta throughout the 12 months immediately before applying, and for at least four years in total during the six years before that, so five years within seven[5]. You also need adequate Maltese or English, good character and suitability. The Minister may count earlier residence in special cases but can also refuse without reasons. The merit route needs at least eight months' residence before the formal application, after approval in principle[6].

What happened to people whose MEIN applications were pending?

The transitory provision of L.N. 159 of 2025 says MEIN applications that the Minister had not approved for naturalisation before 29 April 2025 "shall cease to have effect"[7]. Approved applicants were not affected. Several agents describe pending files as handled case by case, but the gazetted text does not provide for that. The published amendments do not say whether deposits or fees are refundable; the 2020 rules made the €10,000 deposit and due-diligence fees non-refundable[8]. Affected applicants should get Maltese legal advice.

Will people who bought Maltese citizenship lose it?

Not because of the ruling. The judgment found Malta in breach of EU law but did not annul individual naturalisations, and L.N. 159 of 2025 states that citizenship acquired under the earlier rules remains valid and continues to be governed by those rules[7][14]. Holders can still lose citizenship on the ordinary grounds in Article 14 of the Act, such as fraud, concealment of material facts, disloyalty or a prison sentence of 12 months or more within seven years of naturalisation, and on breach of continuing obligations[5].

Does Malta allow dual citizenship? (Malta dual citizenship rules)

Yes. Article 7 of the Maltese Citizenship Act says it is lawful for any person to be a citizen of Malta and at the same time a citizen of another country[5]. Malta has allowed multiple citizenship since 2000, so naturalised citizens do not have to renounce their original nationality under Maltese law. Check your other country's law: some states, such as China and India, do not allow their nationals to keep their nationality after voluntarily acquiring another.

Can I get a Malta passport for foreigners through the MPRP?

Not directly. The Malta Permanent Residence Programme gives permanent residence and a residence card, not citizenship[9]. There is no minimum stay to keep MPRP status, but naturalisation counts only real residence in Malta: 12 continuous months before applying plus four years in the previous six[5]. An MPRP holder who relocates to Malta and lives there can apply after about five years, subject to language, character and ministerial discretion. The MPRP costs about €99,000 in fees and donation plus property or rent.

What does citizenship by merit cost, and who qualifies?

There is no published price. The regulations require non-refundable administrative fees set by Community Malta Agency, title to adequate residential property in Malta and at least eight months' residence[6]. Qualification depends on exceptional services or contributions, including job creation, or exceptional interest to Malta, judged by an Evaluation Board; scientists, researchers, athletes, artists, entrepreneurs, philanthropists and technologists are named examples[5]. Money alone is not merit, and refusals need no reasons.

How strong is the Maltese passport?

The 2026 Henley Passport Index credits Maltese citizens with visa-free or visa-on-arrival access to 185 destinations, ranking Malta 5th[10][18]. As EU citizens, Maltese nationals can also live, work and study in any EU and EEA country and in Switzerland. That combination is why legacy demand remains high, but it is also why the CJEU treated the sale of Maltese nationality as an EU-wide issue rather than a purely national choice[1].

What are the best Malta citizenship alternatives for investors?

For EU living rights, the Malta MPRP, Portugal and Greece residence programmes are the main options, each leading to citizenship only after genuine residence. For a passport in months, St Kitts and Nevis (from $250,000) and Grenada (from $235,000) are the most established Caribbean programmes. Very large investors can approach Austria for discretionary citizenship. Weigh speed, EU residence rights and the EU's pressure on Caribbean programmes.

Sources

  1. 1.Judgment of the Court (Grand Chamber), 29 April 2025, Commission v Malta, Case C-181/23 – EUR-Lex / Court of Justice of the EUOfficial source (October 2, 2026)
  2. 2.Press release No 52/25: The Maltese investor citizenship scheme is contrary to EU law – Court of Justice of the European UnionOfficial source (October 2, 2026)
  3. 3.Investor citizenship scheme: Commission refers Malta to the Court of Justice (IP/22/5422) – European CommissionOfficial source (October 2, 2026)
  4. 4.Investor citizenship schemes: Commission opens infringements against Cyprus and Malta (IP/20/1925) – European CommissionOfficial source (October 2, 2026)
  5. 5.Maltese Citizenship Act, Chapter 188 (consolidated to 24 July 2025, as amended by Act XXI of 2025) – Legislation Malta (Office of the State Advocate)Official source (October 2, 2026)
  6. 6.Granting of Citizenship by Naturalisation on the basis of Merit Regulations, S.L. 188.06 (as of 29 July 2025) – Legislation Malta (Office of the State Advocate)Official source (October 2, 2026)
  7. 7.Legal Notice 159 of 2025: Granting of Citizenship for Exceptional Services (Amendment) Regulations, 2025 (Government Gazette No. 21,478, 29 July 2025) – Legislation Malta (Office of the State Advocate)Official source (October 2, 2026)
  8. 8.Granting of Citizenship for Exceptional Services Regulations, S.L. 188.06 (version of 17 December 2020, MEIN rules and fee schedule) – Legislation Malta (Office of the State Advocate)Official source (October 2, 2026)
  9. 9.Malta Permanent Residence Programme: legal framework and requirements – Residency Malta AgencyOfficial source (October 2, 2026)
  10. 10.Henley Passport Index: global ranking (Malta, 2026) – Henley & Partners (October 2, 2026)
  11. 11.Malta citizenship law reform: Malta expands merit-based citizenship – CSB Group / CC Malta (October 2, 2026)
  12. 12.Malta Citizenship by Investment in 2026: Closed After the CJEU Ruling – Ancova Associates (October 2, 2026)
  13. 13.Malta Citizenship by Investment Changes: What You Need to Know in 2026 – Global Citizen Solutions (October 2, 2026)
  14. 14.Op-Ed: The End of Citizenship for Sale? A legal turning point in Commission v. Malta (C-181/23) – EU Law Live (October 2, 2026)
  15. 15.EU Court of Justice puts an end to harmful citizenship-by-investment schemes – Transparency International EU (October 2, 2026)
  16. 16.Maltese Citizenship in 2026: acquisition routes – CC Malta (October 2, 2026)
  17. 17.Malta Resident Non-Dom Taxation – CC Malta (Chetcuti Cauchi) (October 2, 2026)
  18. 18.Henley Passport Index API: Malta country data (2026 rank and visa-free count) – Henley & Partners (October 2, 2026)

This page is general information, not legal, tax or financial advice. Program rules change often; confirm every figure with the official authority or a licensed adviser before you invest.