No Residence Permit for Descendants, Because the Citizenship Act Gives Them Citizenship Instead - If the Chain Was Kept Alive
Answer
The general rule applies to you
No exception is recorded for citizens of El Salvador on this topic. That is the answer, not a gap - everything below is the rule you get, unchanged.
172 exceptions recorded across 63 countries · none match El Salvador to Malta · Residency through ancestry
Malta has no residence category for people with Maltese ancestry, and it does not need one: article 5(3) of the Maltese Citizenship Act gives a descendant an entitlement to citizenship itself, with no residence, no language test and no investment. The test is narrow and precise. You must prove that you are "a descendant in the direct line of an ascendant born in Malta of a parent likewise born in Malta" - two consecutive generations born in Malta at the head of the line, not one. Article 3(3) does the same for anyone born before the appointed day, and article 5(3) for anyone born on or after it. A minor can be registered on an application by whoever has authority over them. The catch is the chain rule, and the date in it has moved. Article 5(5) and (6) say that where a parent of the applicant was alive on 1 August 2028, or was born on or after that date, and is also such a descendant, the applicant is not entitled to be registered unless that parent had themselves at some time acquired Maltese citizenship under article 5 or article 3. Act XXI of 2025 pushed that date out: it substituted "1st August 2028" for "1st August 2007" and for "1st August 2010" throughout both articles. From 1 August 2028 each generation has to register for the next one to be able to. Article 5(8) keeps a final discretion: nobody is registered under the article unless the Minister is satisfied that the grant is not contrary to the public interest. The state fees are €150 on application and €50 on registration.
At a glance
- Residence route by ancestry
- None - the Citizenship Act gives an entitlement to citizenship instead
Neither the Immigration Act nor the Immigration Regulations, S.L. 217.04, read for this record contains a category for a descendant of a Maltese national. Article 5(3) of the Maltese Citizenship Act makes registration as a citizen an entitlement, which makes a residence permit unnecessary.
- The ancestry test
- A descendant in the direct line of an ascendant born in Malta of a parent likewise born in Malta
Article 5(3) of the Maltese Citizenship Act for anyone born on or after the appointed day, article 3(3) for anyone born before it. Two consecutive generations born in Malta are needed at the head of the line.
- The appointed day
- The date assigned to it by article 124 of the Constitution
Article 2(1) of the Maltese Citizenship Act. The Act defines the term by reference rather than by date, so the date has to be read out of the Constitution.
- Residence required
- None in article 5 of the Maltese Citizenship Act
The article imposes no period of residence, no language condition and no investment, unlike naturalisation under article 10(1).
- The chain rule date
- 1 August 2028
Article 5(5), (6) and (7) and article 3(4) to (6). A parent in the same line who was alive on that date, or born on or after it, must have acquired Maltese citizenship themselves for their child to be entitled.
- What moved that date
- Act XXI of 2025
Articles 3 and 4 of the Maltese Citizenship (Amendment) Act, 2025, which substituted "1st August 2028" for "1st August 2007", "1st August 2010" and "31st July, 2010" in articles 3 and 5 of the principal Act.
- Minors
- May be registered on an application by whoever has authority over them
Proviso to article 5(3) of the Maltese Citizenship Act.
- Ministerial discretion
- No registration unless the Minister is satisfied it is not contrary to the public interest
Article 5(8) of the Maltese Citizenship Act, which sits over an entitlement rather than over a discretion.
- Fee
- €150 on application, €50 on registration
Items 1 and 3 of the Third Schedule to the Citizenship Regulations, S.L. 188.01, made under regulation 7.
- Which language of the Act governs
- The Maltese text, where the two conflict
Article 74 of the Constitution; article 10(3) of the Statute Law Revision Act, 2021 says the same for a revised edition. Both texts of article 5(3) were read and both require descent from an ascendant born in Malta of a parent also born in Malta.
Requirements
- Prove that you are a descendant in the direct line of an ascendant born in Malta of a parent likewise born in Malta
- Where a parent of yours is in the same line and was alive on 1 August 2028, that parent must themselves have acquired Maltese citizenship under article 3 or article 5
- Make the prescribed application and take the oath of allegiance
- That the Minister is satisfied the grant is not contrary to the public interest
What applies to you
Nothing changes for a citizen of El Salvador
We have no rule recorded that treats your citizenship differently here, so the general rule above is the one that applies to you. That is an answer, not a gap.
What the law says
«(3) A person born outside Malta on or after the appointed day who proves he is a descendant in the direct line of an ascendant born in Malta of a parent likewise born in Malta shall be entitled, upon making an application as may be prescribed and upon taking the oath of allegiance, to be registered as a citizen of Malta: Provided that when the said person is a minor, any such person who according to law has authority over that minor, may submit an application for the registration of the said minor as a citizen of Malta.»An entitlement, not a discretion. The double generation - "an ascendant born in Malta of a parent likewise born in Malta" - is the part people miss.
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The Government of Malta's statute book, published on the internet by the Minister responsible for the Law Commission under article 12 of the Statute Law Revision Act, 2021 (Act XL of 2021). It carries the Constitution, every Chapter of the revised edition with amendments incorporated, every piece of subsidiary legislation under them, and Acts and Legal Notices as enacted. Addresses follow a stable ELI shape: /eli/cap/<n>/<lang>/pdf for a Chapter, /eli/sl/<chapter>.<n>/<lang>/pdf for subsidiary legislation, /eli/act/<year>/<n>/<lang>/pdf and /eli/ln/<year>/<n>/<lang>/pdf for instruments as made, and /eli/const/<lang>/pdf for the Constitution. Both official languages are served at the same address with eng or mlt substituted. Article 12(4) of the 2021 Act gives the text on this site a statutory presumption: unless proof is brought to the contrary it is deemed to be a true representation of the law, incorporating all amendments up to the date indicated on the site.
Standing: Maintains the text in force
Cannot be cited for: It is not the authentic text. Under article 10(2) of the Statute Law Revision Act, 2021 the authentic text is the revised edition itself, which is the sole and only proper text in all Courts of Justice; the internet publication carries only the rebuttable presumption in article 12(4), so the site is official but defeasible. Two consequences follow for citation. First, the presumption runs only up to the date indicated on the site, and that date appears on the HTML page rather than inside the PDF, so a PDF taken on its own states no cut-off and none should be invented for it. Second, where the Maltese and English texts conflict the Maltese prevails - article 74 of the Constitution for any law, article 10(3) of the 2021 Act for a revised edition - so an English quotation here is the subordinate text and should not be relied on against a Maltese one. It cannot be cited for administrative practice at all: who may apply, what documents are wanted and what a programme currently charges in processing terms are matters for Identita, the Residency Malta Agency and the Commissioner for Revenue, and the instruments repeatedly delegate them to guidelines those bodies may issue.
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«(3) Any person born outside Malta before the appointed day who proves he is a descendant in the direct line of an ascendant born in Malta of a parent likewise born in Malta shall, subject to the following provisions of this article, be entitled, upon making an application as may be prescribed and upon taking the oath of allegiance, to be registered as a citizen of Malta.»The same test for people born before the appointed day.
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The Government of Malta's statute book, published on the internet by the Minister responsible for the Law Commission under article 12 of the Statute Law Revision Act, 2021 (Act XL of 2021). It carries the Constitution, every Chapter of the revised edition with amendments incorporated, every piece of subsidiary legislation under them, and Acts and Legal Notices as enacted. Addresses follow a stable ELI shape: /eli/cap/<n>/<lang>/pdf for a Chapter, /eli/sl/<chapter>.<n>/<lang>/pdf for subsidiary legislation, /eli/act/<year>/<n>/<lang>/pdf and /eli/ln/<year>/<n>/<lang>/pdf for instruments as made, and /eli/const/<lang>/pdf for the Constitution. Both official languages are served at the same address with eng or mlt substituted. Article 12(4) of the 2021 Act gives the text on this site a statutory presumption: unless proof is brought to the contrary it is deemed to be a true representation of the law, incorporating all amendments up to the date indicated on the site.
Standing: Maintains the text in force
Cannot be cited for: It is not the authentic text. Under article 10(2) of the Statute Law Revision Act, 2021 the authentic text is the revised edition itself, which is the sole and only proper text in all Courts of Justice; the internet publication carries only the rebuttable presumption in article 12(4), so the site is official but defeasible. Two consequences follow for citation. First, the presumption runs only up to the date indicated on the site, and that date appears on the HTML page rather than inside the PDF, so a PDF taken on its own states no cut-off and none should be invented for it. Second, where the Maltese and English texts conflict the Maltese prevails - article 74 of the Constitution for any law, article 10(3) of the 2021 Act for a revised edition - so an English quotation here is the subordinate text and should not be relied on against a Maltese one. It cannot be cited for administrative practice at all: who may apply, what documents are wanted and what a programme currently charges in processing terms are matters for Identita, the Residency Malta Agency and the Commissioner for Revenue, and the instruments repeatedly delegate them to guidelines those bodies may issue.
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«(4) Any ascendant as provided in subarticle (3) who dies before the 1st August 2028 and who would, but for his death, have been entitled to acquire Maltese citizenship under this article, shall be deemed to have acquired such citizenship for the purposes of subarticle (3).»A death before the date does not break the line; the ascendant is treated as having acquired citizenship.
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The Government of Malta's statute book, published on the internet by the Minister responsible for the Law Commission under article 12 of the Statute Law Revision Act, 2021 (Act XL of 2021). It carries the Constitution, every Chapter of the revised edition with amendments incorporated, every piece of subsidiary legislation under them, and Acts and Legal Notices as enacted. Addresses follow a stable ELI shape: /eli/cap/<n>/<lang>/pdf for a Chapter, /eli/sl/<chapter>.<n>/<lang>/pdf for subsidiary legislation, /eli/act/<year>/<n>/<lang>/pdf and /eli/ln/<year>/<n>/<lang>/pdf for instruments as made, and /eli/const/<lang>/pdf for the Constitution. Both official languages are served at the same address with eng or mlt substituted. Article 12(4) of the 2021 Act gives the text on this site a statutory presumption: unless proof is brought to the contrary it is deemed to be a true representation of the law, incorporating all amendments up to the date indicated on the site.
Standing: Maintains the text in force
Cannot be cited for: It is not the authentic text. Under article 10(2) of the Statute Law Revision Act, 2021 the authentic text is the revised edition itself, which is the sole and only proper text in all Courts of Justice; the internet publication carries only the rebuttable presumption in article 12(4), so the site is official but defeasible. Two consequences follow for citation. First, the presumption runs only up to the date indicated on the site, and that date appears on the HTML page rather than inside the PDF, so a PDF taken on its own states no cut-off and none should be invented for it. Second, where the Maltese and English texts conflict the Maltese prevails - article 74 of the Constitution for any law, article 10(3) of the 2021 Act for a revised edition - so an English quotation here is the subordinate text and should not be relied on against a Maltese one. It cannot be cited for administrative practice at all: who may apply, what documents are wanted and what a programme currently charges in processing terms are matters for Identita, the Residency Malta Agency and the Commissioner for Revenue, and the instruments repeatedly delegate them to guidelines those bodies may issue.
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«(6) Where any of the parents of a person applying to be registered as a citizen of Malta by virtue of subarticle (3) was born on or after 1st August 2028 (for the purposes of this article referred to as "the relevant parent") and the relevant parent is also a descendant in the direct line of an ascendant born in Malta of a parent likewise born in Malta, such person shall not be entitled to be registered as a citizen of Malta by virtue of subarticle (3) unless the relevant parent had at any time acquired Maltese citizenship M A LT E S E CIT I ZE NSHIP [ CAP. 188. 7 under this article.»"M A LT E S E CIT I ZE NSHIP [ CAP. 188. 7" is the running head of page 7, which the extraction places inside the sentence with the chapter title's letters spaced as the PDF sets them. Sub-article (5) says the same for a parent who was alive on 1 August 2028.
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The Government of Malta's statute book, published on the internet by the Minister responsible for the Law Commission under article 12 of the Statute Law Revision Act, 2021 (Act XL of 2021). It carries the Constitution, every Chapter of the revised edition with amendments incorporated, every piece of subsidiary legislation under them, and Acts and Legal Notices as enacted. Addresses follow a stable ELI shape: /eli/cap/<n>/<lang>/pdf for a Chapter, /eli/sl/<chapter>.<n>/<lang>/pdf for subsidiary legislation, /eli/act/<year>/<n>/<lang>/pdf and /eli/ln/<year>/<n>/<lang>/pdf for instruments as made, and /eli/const/<lang>/pdf for the Constitution. Both official languages are served at the same address with eng or mlt substituted. Article 12(4) of the 2021 Act gives the text on this site a statutory presumption: unless proof is brought to the contrary it is deemed to be a true representation of the law, incorporating all amendments up to the date indicated on the site.
Standing: Maintains the text in force
Cannot be cited for: It is not the authentic text. Under article 10(2) of the Statute Law Revision Act, 2021 the authentic text is the revised edition itself, which is the sole and only proper text in all Courts of Justice; the internet publication carries only the rebuttable presumption in article 12(4), so the site is official but defeasible. Two consequences follow for citation. First, the presumption runs only up to the date indicated on the site, and that date appears on the HTML page rather than inside the PDF, so a PDF taken on its own states no cut-off and none should be invented for it. Second, where the Maltese and English texts conflict the Maltese prevails - article 74 of the Constitution for any law, article 10(3) of the 2021 Act for a revised edition - so an English quotation here is the subordinate text and should not be relied on against a Maltese one. It cannot be cited for administrative practice at all: who may apply, what documents are wanted and what a programme currently charges in processing terms are matters for Identita, the Residency Malta Agency and the Commissioner for Revenue, and the instruments repeatedly delegate them to guidelines those bodies may issue.
We re-read it every 90 days. More about this source
«(8) No person shall be registered under this article unless the Minister is satisfied that the grant of citizenship to such person is not contrary to the public interest.»About this source
The Government of Malta's statute book, published on the internet by the Minister responsible for the Law Commission under article 12 of the Statute Law Revision Act, 2021 (Act XL of 2021). It carries the Constitution, every Chapter of the revised edition with amendments incorporated, every piece of subsidiary legislation under them, and Acts and Legal Notices as enacted. Addresses follow a stable ELI shape: /eli/cap/<n>/<lang>/pdf for a Chapter, /eli/sl/<chapter>.<n>/<lang>/pdf for subsidiary legislation, /eli/act/<year>/<n>/<lang>/pdf and /eli/ln/<year>/<n>/<lang>/pdf for instruments as made, and /eli/const/<lang>/pdf for the Constitution. Both official languages are served at the same address with eng or mlt substituted. Article 12(4) of the 2021 Act gives the text on this site a statutory presumption: unless proof is brought to the contrary it is deemed to be a true representation of the law, incorporating all amendments up to the date indicated on the site.
Standing: Maintains the text in force
Cannot be cited for: It is not the authentic text. Under article 10(2) of the Statute Law Revision Act, 2021 the authentic text is the revised edition itself, which is the sole and only proper text in all Courts of Justice; the internet publication carries only the rebuttable presumption in article 12(4), so the site is official but defeasible. Two consequences follow for citation. First, the presumption runs only up to the date indicated on the site, and that date appears on the HTML page rather than inside the PDF, so a PDF taken on its own states no cut-off and none should be invented for it. Second, where the Maltese and English texts conflict the Maltese prevails - article 74 of the Constitution for any law, article 10(3) of the 2021 Act for a revised edition - so an English quotation here is the subordinate text and should not be relied on against a Maltese one. It cannot be cited for administrative practice at all: who may apply, what documents are wanted and what a programme currently charges in processing terms are matters for Identita, the Residency Malta Agency and the Commissioner for Revenue, and the instruments repeatedly delegate them to guidelines those bodies may issue.
We re-read it every 90 days. More about this source
«"appointed day" has the same meaning as is assigned to it by XV. 2013.2; article 124 of the Constitution;»The amendment reference is the margin note, interleaved by the extraction.
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The Government of Malta's statute book, published on the internet by the Minister responsible for the Law Commission under article 12 of the Statute Law Revision Act, 2021 (Act XL of 2021). It carries the Constitution, every Chapter of the revised edition with amendments incorporated, every piece of subsidiary legislation under them, and Acts and Legal Notices as enacted. Addresses follow a stable ELI shape: /eli/cap/<n>/<lang>/pdf for a Chapter, /eli/sl/<chapter>.<n>/<lang>/pdf for subsidiary legislation, /eli/act/<year>/<n>/<lang>/pdf and /eli/ln/<year>/<n>/<lang>/pdf for instruments as made, and /eli/const/<lang>/pdf for the Constitution. Both official languages are served at the same address with eng or mlt substituted. Article 12(4) of the 2021 Act gives the text on this site a statutory presumption: unless proof is brought to the contrary it is deemed to be a true representation of the law, incorporating all amendments up to the date indicated on the site.
Standing: Maintains the text in force
Cannot be cited for: It is not the authentic text. Under article 10(2) of the Statute Law Revision Act, 2021 the authentic text is the revised edition itself, which is the sole and only proper text in all Courts of Justice; the internet publication carries only the rebuttable presumption in article 12(4), so the site is official but defeasible. Two consequences follow for citation. First, the presumption runs only up to the date indicated on the site, and that date appears on the HTML page rather than inside the PDF, so a PDF taken on its own states no cut-off and none should be invented for it. Second, where the Maltese and English texts conflict the Maltese prevails - article 74 of the Constitution for any law, article 10(3) of the 2021 Act for a revised edition - so an English quotation here is the subordinate text and should not be relied on against a Maltese one. It cannot be cited for administrative practice at all: who may apply, what documents are wanted and what a programme currently charges in processing terms are matters for Identita, the Residency Malta Agency and the Commissioner for Revenue, and the instruments repeatedly delegate them to guidelines those bodies may issue.
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«(a) in sub-article (4) thereof the words "1st August 2007" shall be substituted by the words "1st August 2028"; (b) in sub-article (5) thereof the words "1st August 2007" shall be substituted by the words "1st August 2028" and the words "1st August 2010" shall be substituted by the words "1st August 2028"; (c) in sub-article (6) thereof the words "1st August 2007" shall be substituted by the words "1st August 2028"; (d) in sub-article (7) thereof the words "31st July, 2010" shall be substituted by the words "1st August 2028".»The Act as enacted, which has no consolidation cut-off. Article 3 of the same Act makes the matching substitutions in article 3 of the principal Act.
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The Government of Malta's statute book, published on the internet by the Minister responsible for the Law Commission under article 12 of the Statute Law Revision Act, 2021 (Act XL of 2021). It carries the Constitution, every Chapter of the revised edition with amendments incorporated, every piece of subsidiary legislation under them, and Acts and Legal Notices as enacted. Addresses follow a stable ELI shape: /eli/cap/<n>/<lang>/pdf for a Chapter, /eli/sl/<chapter>.<n>/<lang>/pdf for subsidiary legislation, /eli/act/<year>/<n>/<lang>/pdf and /eli/ln/<year>/<n>/<lang>/pdf for instruments as made, and /eli/const/<lang>/pdf for the Constitution. Both official languages are served at the same address with eng or mlt substituted. Article 12(4) of the 2021 Act gives the text on this site a statutory presumption: unless proof is brought to the contrary it is deemed to be a true representation of the law, incorporating all amendments up to the date indicated on the site.
Standing: Maintains the text in force
Cannot be cited for: It is not the authentic text. Under article 10(2) of the Statute Law Revision Act, 2021 the authentic text is the revised edition itself, which is the sole and only proper text in all Courts of Justice; the internet publication carries only the rebuttable presumption in article 12(4), so the site is official but defeasible. Two consequences follow for citation. First, the presumption runs only up to the date indicated on the site, and that date appears on the HTML page rather than inside the PDF, so a PDF taken on its own states no cut-off and none should be invented for it. Second, where the Maltese and English texts conflict the Maltese prevails - article 74 of the Constitution for any law, article 10(3) of the 2021 Act for a revised edition - so an English quotation here is the subordinate text and should not be relied on against a Maltese one. It cannot be cited for administrative practice at all: who may apply, what documents are wanted and what a programme currently charges in processing terms are matters for Identita, the Residency Malta Agency and the Commissioner for Revenue, and the instruments repeatedly delegate them to guidelines those bodies may issue.
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«1. Application for registration as a citizen of Malta ....................... €150.0 2. Application for the grant of a certificate of naturalization. €450.00 3. Registration as a citizen of Malta or the grant of a certificate of naturalisation ............................................................................ €50.00»The leader dots and the "€150.0" without a trailing zero are the publisher's. Registration under articles 3(3) and 5(3) is registration, so items 1 and 3 apply and item 2 does not.
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The Government of Malta's statute book, published on the internet by the Minister responsible for the Law Commission under article 12 of the Statute Law Revision Act, 2021 (Act XL of 2021). It carries the Constitution, every Chapter of the revised edition with amendments incorporated, every piece of subsidiary legislation under them, and Acts and Legal Notices as enacted. Addresses follow a stable ELI shape: /eli/cap/<n>/<lang>/pdf for a Chapter, /eli/sl/<chapter>.<n>/<lang>/pdf for subsidiary legislation, /eli/act/<year>/<n>/<lang>/pdf and /eli/ln/<year>/<n>/<lang>/pdf for instruments as made, and /eli/const/<lang>/pdf for the Constitution. Both official languages are served at the same address with eng or mlt substituted. Article 12(4) of the 2021 Act gives the text on this site a statutory presumption: unless proof is brought to the contrary it is deemed to be a true representation of the law, incorporating all amendments up to the date indicated on the site.
Standing: Maintains the text in force
Cannot be cited for: It is not the authentic text. Under article 10(2) of the Statute Law Revision Act, 2021 the authentic text is the revised edition itself, which is the sole and only proper text in all Courts of Justice; the internet publication carries only the rebuttable presumption in article 12(4), so the site is official but defeasible. Two consequences follow for citation. First, the presumption runs only up to the date indicated on the site, and that date appears on the HTML page rather than inside the PDF, so a PDF taken on its own states no cut-off and none should be invented for it. Second, where the Maltese and English texts conflict the Maltese prevails - article 74 of the Constitution for any law, article 10(3) of the 2021 Act for a revised edition - so an English quotation here is the subordinate text and should not be relied on against a Maltese one. It cannot be cited for administrative practice at all: who may apply, what documents are wanted and what a programme currently charges in processing terms are matters for Identita, the Residency Malta Agency and the Commissioner for Revenue, and the instruments repeatedly delegate them to guidelines those bodies may issue.
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«74. Save as otherwise provided by Parliament, every law shall Language of Laws. be enacted in both the Maltese and English languages and, if there is any conflict between the Maltese and the English texts of any law, the Maltese text shall prevail.»"Language of Laws." is the margin note, which the extraction places inside the sentence. This is the provision that decides which text of any Maltese law is the governing one.
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The Government of Malta's statute book, published on the internet by the Minister responsible for the Law Commission under article 12 of the Statute Law Revision Act, 2021 (Act XL of 2021). It carries the Constitution, every Chapter of the revised edition with amendments incorporated, every piece of subsidiary legislation under them, and Acts and Legal Notices as enacted. Addresses follow a stable ELI shape: /eli/cap/<n>/<lang>/pdf for a Chapter, /eli/sl/<chapter>.<n>/<lang>/pdf for subsidiary legislation, /eli/act/<year>/<n>/<lang>/pdf and /eli/ln/<year>/<n>/<lang>/pdf for instruments as made, and /eli/const/<lang>/pdf for the Constitution. Both official languages are served at the same address with eng or mlt substituted. Article 12(4) of the 2021 Act gives the text on this site a statutory presumption: unless proof is brought to the contrary it is deemed to be a true representation of the law, incorporating all amendments up to the date indicated on the site.
Standing: Maintains the text in force
Cannot be cited for: It is not the authentic text. Under article 10(2) of the Statute Law Revision Act, 2021 the authentic text is the revised edition itself, which is the sole and only proper text in all Courts of Justice; the internet publication carries only the rebuttable presumption in article 12(4), so the site is official but defeasible. Two consequences follow for citation. First, the presumption runs only up to the date indicated on the site, and that date appears on the HTML page rather than inside the PDF, so a PDF taken on its own states no cut-off and none should be invented for it. Second, where the Maltese and English texts conflict the Maltese prevails - article 74 of the Constitution for any law, article 10(3) of the 2021 Act for a revised edition - so an English quotation here is the subordinate text and should not be relied on against a Maltese one. It cannot be cited for administrative practice at all: who may apply, what documents are wanted and what a programme currently charges in processing terms are matters for Identita, the Residency Malta Agency and the Commissioner for Revenue, and the instruments repeatedly delegate them to guidelines those bodies may issue.
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«74. Ħlief kif provdut xort’oħra mill-Parlament, kull liġi għandha ssir kemm bl-ilsien Malti kif ukoll bl-ilsien Ingliż u, jekk ikun hemm xi konflitt bejn it-test Malti u t-test Ingliż ta’ xi liġi, it- test Malti għandu jipprevali.»Our translation - not official
Save as otherwise provided by Parliament, every law shall be enacted in both the Maltese and English languages and, if there is any conflict between the Maltese and the English texts of any law, the Maltese text shall prevail.
The governing text of the provision about governing texts. The translation beside it is the Constitution's own English article 74, quoted separately above.
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The Government of Malta's statute book, published on the internet by the Minister responsible for the Law Commission under article 12 of the Statute Law Revision Act, 2021 (Act XL of 2021). It carries the Constitution, every Chapter of the revised edition with amendments incorporated, every piece of subsidiary legislation under them, and Acts and Legal Notices as enacted. Addresses follow a stable ELI shape: /eli/cap/<n>/<lang>/pdf for a Chapter, /eli/sl/<chapter>.<n>/<lang>/pdf for subsidiary legislation, /eli/act/<year>/<n>/<lang>/pdf and /eli/ln/<year>/<n>/<lang>/pdf for instruments as made, and /eli/const/<lang>/pdf for the Constitution. Both official languages are served at the same address with eng or mlt substituted. Article 12(4) of the 2021 Act gives the text on this site a statutory presumption: unless proof is brought to the contrary it is deemed to be a true representation of the law, incorporating all amendments up to the date indicated on the site.
Standing: Maintains the text in force
Cannot be cited for: It is not the authentic text. Under article 10(2) of the Statute Law Revision Act, 2021 the authentic text is the revised edition itself, which is the sole and only proper text in all Courts of Justice; the internet publication carries only the rebuttable presumption in article 12(4), so the site is official but defeasible. Two consequences follow for citation. First, the presumption runs only up to the date indicated on the site, and that date appears on the HTML page rather than inside the PDF, so a PDF taken on its own states no cut-off and none should be invented for it. Second, where the Maltese and English texts conflict the Maltese prevails - article 74 of the Constitution for any law, article 10(3) of the 2021 Act for a revised edition - so an English quotation here is the subordinate text and should not be relied on against a Maltese one. It cannot be cited for administrative practice at all: who may apply, what documents are wanted and what a programme currently charges in processing terms are matters for Identita, the Residency Malta Agency and the Commissioner for Revenue, and the instruments repeatedly delegate them to guidelines those bodies may issue.
We re-read it every 90 days. More about this source
«(3) Persuna mwielda barra minn Malta fi jew wara l-ġurnata stabbilita li ġġib prova li tkun dixxendenti fil-linja diretta ta’ axxendenti mwieled Malta minn ġenitur bl-istess mod imwieled Malta jkollha jedd, wara li tagħmel applikazzjoni skont ma jista’ jkun preskritt u wara li tieħu l-ġurament ta’ lealtà, tkun reġistrata bħala ċittadin ta’ Malta»Our translation - not official
A person born outside Malta on or after the appointed day who proves that they are a descendant in the direct line of an ascendant born in Malta of a parent likewise born in Malta shall be entitled, upon making an application as may be prescribed and upon taking the oath of allegiance, to be registered as a citizen of Malta.
The prevailing text of the ancestry route, read because article 74 of the Constitution makes it the one that governs. "axxendenti mwieled Malta minn ġenitur bl-istess mod imwieled Malta" carries the same two generations as the English, so nothing in this record turns on the difference between the texts.
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The Government of Malta's statute book, published on the internet by the Minister responsible for the Law Commission under article 12 of the Statute Law Revision Act, 2021 (Act XL of 2021). It carries the Constitution, every Chapter of the revised edition with amendments incorporated, every piece of subsidiary legislation under them, and Acts and Legal Notices as enacted. Addresses follow a stable ELI shape: /eli/cap/<n>/<lang>/pdf for a Chapter, /eli/sl/<chapter>.<n>/<lang>/pdf for subsidiary legislation, /eli/act/<year>/<n>/<lang>/pdf and /eli/ln/<year>/<n>/<lang>/pdf for instruments as made, and /eli/const/<lang>/pdf for the Constitution. Both official languages are served at the same address with eng or mlt substituted. Article 12(4) of the 2021 Act gives the text on this site a statutory presumption: unless proof is brought to the contrary it is deemed to be a true representation of the law, incorporating all amendments up to the date indicated on the site.
Standing: Maintains the text in force
Cannot be cited for: It is not the authentic text. Under article 10(2) of the Statute Law Revision Act, 2021 the authentic text is the revised edition itself, which is the sole and only proper text in all Courts of Justice; the internet publication carries only the rebuttable presumption in article 12(4), so the site is official but defeasible. Two consequences follow for citation. First, the presumption runs only up to the date indicated on the site, and that date appears on the HTML page rather than inside the PDF, so a PDF taken on its own states no cut-off and none should be invented for it. Second, where the Maltese and English texts conflict the Maltese prevails - article 74 of the Constitution for any law, article 10(3) of the 2021 Act for a revised edition - so an English quotation here is the subordinate text and should not be relied on against a Maltese one. It cannot be cited for administrative practice at all: who may apply, what documents are wanted and what a programme currently charges in processing terms are matters for Identita, the Residency Malta Agency and the Commissioner for Revenue, and the instruments repeatedly delegate them to guidelines those bodies may issue.
We re-read it every 90 days. More about this source
Practical notes
The test is two generations born in Malta, not one. A grandparent born in Malta is not enough on its own: that grandparent's own parent must also have been born in Malta. This is the single most common misreading of the provision.
The date in the chain rule was 1 August 2007 and 1 August 2010 until Act XXI of 2025 moved it to 1 August 2028. Anyone reading an older account of this route will see the earlier dates, and the practical effect of the change is that a generation which had already lost the entitlement under the old dates may have it again.
From 1 August 2028 the line has to be kept alive deliberately. If a parent in the same descent line is alive on that date and never registers, their child is not entitled under article 5(3), however good the ancestry is.
Where the Maltese and English texts of a Maltese law conflict, article 74 of the Constitution makes the Maltese text the one that prevails. Both texts of article 5(3) were read for this record and both require descent from an ascendant born in Malta whose own parent was born in Malta, so the English wording quoted here is not doing any work the Maltese does not also do.
Because this is citizenship rather than residence, there is no permit to renew, no income test and no property requirement - and because it is an entitlement, article 5(8) is the only discretion in it.
This record rests on the Maltese Citizenship Act as consolidated, the 2025 amending Act and the Citizenship Regulations. The Immigration Act and the Immigration Regulations were both searched for a residence category based on descent and neither contains one.
- consolidatesMaltese Citizenship Act, Chapter 188 of the Laws of Malta
Laws of Malta
About this source
The Government of Malta's statute book, published on the internet by the Minister responsible for the Law Commission under article 12 of the Statute Law Revision Act, 2021 (Act XL of 2021). It carries the Constitution, every Chapter of the revised edition with amendments incorporated, every piece of subsidiary legislation under them, and Acts and Legal Notices as enacted. Addresses follow a stable ELI shape: /eli/cap/<n>/<lang>/pdf for a Chapter, /eli/sl/<chapter>.<n>/<lang>/pdf for subsidiary legislation, /eli/act/<year>/<n>/<lang>/pdf and /eli/ln/<year>/<n>/<lang>/pdf for instruments as made, and /eli/const/<lang>/pdf for the Constitution. Both official languages are served at the same address with eng or mlt substituted. Article 12(4) of the 2021 Act gives the text on this site a statutory presumption: unless proof is brought to the contrary it is deemed to be a true representation of the law, incorporating all amendments up to the date indicated on the site.
Standing: Maintains the text in force
Cannot be cited for: It is not the authentic text. Under article 10(2) of the Statute Law Revision Act, 2021 the authentic text is the revised edition itself, which is the sole and only proper text in all Courts of Justice; the internet publication carries only the rebuttable presumption in article 12(4), so the site is official but defeasible. Two consequences follow for citation. First, the presumption runs only up to the date indicated on the site, and that date appears on the HTML page rather than inside the PDF, so a PDF taken on its own states no cut-off and none should be invented for it. Second, where the Maltese and English texts conflict the Maltese prevails - article 74 of the Constitution for any law, article 10(3) of the 2021 Act for a revised edition - so an English quotation here is the subordinate text and should not be relied on against a Maltese one. It cannot be cited for administrative practice at all: who may apply, what documents are wanted and what a programme currently charges in processing terms are matters for Identita, the Residency Malta Agency and the Commissioner for Revenue, and the instruments repeatedly delegate them to guidelines those bodies may issue.
We re-read it every 90 days. More about this source
- consolidatesMaltese Citizenship (Amendment) Act, 2025, Act No. XXI of 2025
Laws of Malta
About this source
The Government of Malta's statute book, published on the internet by the Minister responsible for the Law Commission under article 12 of the Statute Law Revision Act, 2021 (Act XL of 2021). It carries the Constitution, every Chapter of the revised edition with amendments incorporated, every piece of subsidiary legislation under them, and Acts and Legal Notices as enacted. Addresses follow a stable ELI shape: /eli/cap/<n>/<lang>/pdf for a Chapter, /eli/sl/<chapter>.<n>/<lang>/pdf for subsidiary legislation, /eli/act/<year>/<n>/<lang>/pdf and /eli/ln/<year>/<n>/<lang>/pdf for instruments as made, and /eli/const/<lang>/pdf for the Constitution. Both official languages are served at the same address with eng or mlt substituted. Article 12(4) of the 2021 Act gives the text on this site a statutory presumption: unless proof is brought to the contrary it is deemed to be a true representation of the law, incorporating all amendments up to the date indicated on the site.
Standing: Maintains the text in force
Cannot be cited for: It is not the authentic text. Under article 10(2) of the Statute Law Revision Act, 2021 the authentic text is the revised edition itself, which is the sole and only proper text in all Courts of Justice; the internet publication carries only the rebuttable presumption in article 12(4), so the site is official but defeasible. Two consequences follow for citation. First, the presumption runs only up to the date indicated on the site, and that date appears on the HTML page rather than inside the PDF, so a PDF taken on its own states no cut-off and none should be invented for it. Second, where the Maltese and English texts conflict the Maltese prevails - article 74 of the Constitution for any law, article 10(3) of the 2021 Act for a revised edition - so an English quotation here is the subordinate text and should not be relied on against a Maltese one. It cannot be cited for administrative practice at all: who may apply, what documents are wanted and what a programme currently charges in processing terms are matters for Identita, the Residency Malta Agency and the Commissioner for Revenue, and the instruments repeatedly delegate them to guidelines those bodies may issue.
We re-read it every 90 days. More about this source
- consolidatesCitizenship Regulations, S.L. 188.01
Laws of Malta
About this source
The Government of Malta's statute book, published on the internet by the Minister responsible for the Law Commission under article 12 of the Statute Law Revision Act, 2021 (Act XL of 2021). It carries the Constitution, every Chapter of the revised edition with amendments incorporated, every piece of subsidiary legislation under them, and Acts and Legal Notices as enacted. Addresses follow a stable ELI shape: /eli/cap/<n>/<lang>/pdf for a Chapter, /eli/sl/<chapter>.<n>/<lang>/pdf for subsidiary legislation, /eli/act/<year>/<n>/<lang>/pdf and /eli/ln/<year>/<n>/<lang>/pdf for instruments as made, and /eli/const/<lang>/pdf for the Constitution. Both official languages are served at the same address with eng or mlt substituted. Article 12(4) of the 2021 Act gives the text on this site a statutory presumption: unless proof is brought to the contrary it is deemed to be a true representation of the law, incorporating all amendments up to the date indicated on the site.
Standing: Maintains the text in force
Cannot be cited for: It is not the authentic text. Under article 10(2) of the Statute Law Revision Act, 2021 the authentic text is the revised edition itself, which is the sole and only proper text in all Courts of Justice; the internet publication carries only the rebuttable presumption in article 12(4), so the site is official but defeasible. Two consequences follow for citation. First, the presumption runs only up to the date indicated on the site, and that date appears on the HTML page rather than inside the PDF, so a PDF taken on its own states no cut-off and none should be invented for it. Second, where the Maltese and English texts conflict the Maltese prevails - article 74 of the Constitution for any law, article 10(3) of the 2021 Act for a revised edition - so an English quotation here is the subordinate text and should not be relied on against a Maltese one. It cannot be cited for administrative practice at all: who may apply, what documents are wanted and what a programme currently charges in processing terms are matters for Identita, the Residency Malta Agency and the Commissioner for Revenue, and the instruments repeatedly delegate them to guidelines those bodies may issue.
We re-read it every 90 days. More about this source
- consolidatesKostituzzjoni ta’ Malta
Laws of Malta
About this source
The Government of Malta's statute book, published on the internet by the Minister responsible for the Law Commission under article 12 of the Statute Law Revision Act, 2021 (Act XL of 2021). It carries the Constitution, every Chapter of the revised edition with amendments incorporated, every piece of subsidiary legislation under them, and Acts and Legal Notices as enacted. Addresses follow a stable ELI shape: /eli/cap/<n>/<lang>/pdf for a Chapter, /eli/sl/<chapter>.<n>/<lang>/pdf for subsidiary legislation, /eli/act/<year>/<n>/<lang>/pdf and /eli/ln/<year>/<n>/<lang>/pdf for instruments as made, and /eli/const/<lang>/pdf for the Constitution. Both official languages are served at the same address with eng or mlt substituted. Article 12(4) of the 2021 Act gives the text on this site a statutory presumption: unless proof is brought to the contrary it is deemed to be a true representation of the law, incorporating all amendments up to the date indicated on the site.
Standing: Maintains the text in force
Cannot be cited for: It is not the authentic text. Under article 10(2) of the Statute Law Revision Act, 2021 the authentic text is the revised edition itself, which is the sole and only proper text in all Courts of Justice; the internet publication carries only the rebuttable presumption in article 12(4), so the site is official but defeasible. Two consequences follow for citation. First, the presumption runs only up to the date indicated on the site, and that date appears on the HTML page rather than inside the PDF, so a PDF taken on its own states no cut-off and none should be invented for it. Second, where the Maltese and English texts conflict the Maltese prevails - article 74 of the Constitution for any law, article 10(3) of the 2021 Act for a revised edition - so an English quotation here is the subordinate text and should not be relied on against a Maltese one. It cannot be cited for administrative practice at all: who may apply, what documents are wanted and what a programme currently charges in processing terms are matters for Identita, the Residency Malta Agency and the Commissioner for Revenue, and the instruments repeatedly delegate them to guidelines those bodies may issue.
We re-read it every 90 days. More about this source
- consolidatesConstitution of Malta
Laws of Malta
About this source
The Government of Malta's statute book, published on the internet by the Minister responsible for the Law Commission under article 12 of the Statute Law Revision Act, 2021 (Act XL of 2021). It carries the Constitution, every Chapter of the revised edition with amendments incorporated, every piece of subsidiary legislation under them, and Acts and Legal Notices as enacted. Addresses follow a stable ELI shape: /eli/cap/<n>/<lang>/pdf for a Chapter, /eli/sl/<chapter>.<n>/<lang>/pdf for subsidiary legislation, /eli/act/<year>/<n>/<lang>/pdf and /eli/ln/<year>/<n>/<lang>/pdf for instruments as made, and /eli/const/<lang>/pdf for the Constitution. Both official languages are served at the same address with eng or mlt substituted. Article 12(4) of the 2021 Act gives the text on this site a statutory presumption: unless proof is brought to the contrary it is deemed to be a true representation of the law, incorporating all amendments up to the date indicated on the site.
Standing: Maintains the text in force
Cannot be cited for: It is not the authentic text. Under article 10(2) of the Statute Law Revision Act, 2021 the authentic text is the revised edition itself, which is the sole and only proper text in all Courts of Justice; the internet publication carries only the rebuttable presumption in article 12(4), so the site is official but defeasible. Two consequences follow for citation. First, the presumption runs only up to the date indicated on the site, and that date appears on the HTML page rather than inside the PDF, so a PDF taken on its own states no cut-off and none should be invented for it. Second, where the Maltese and English texts conflict the Maltese prevails - article 74 of the Constitution for any law, article 10(3) of the 2021 Act for a revised edition - so an English quotation here is the subordinate text and should not be relied on against a Maltese one. It cannot be cited for administrative practice at all: who may apply, what documents are wanted and what a programme currently charges in processing terms are matters for Identita, the Residency Malta Agency and the Commissioner for Revenue, and the instruments repeatedly delegate them to guidelines those bodies may issue.
We re-read it every 90 days. More about this source
- consolidatesAtt dwar iċ-Ċittadinanza Maltija, Kapitlu 188 tal-Liġijiet ta’ Malta
Laws of Malta
About this source
The Government of Malta's statute book, published on the internet by the Minister responsible for the Law Commission under article 12 of the Statute Law Revision Act, 2021 (Act XL of 2021). It carries the Constitution, every Chapter of the revised edition with amendments incorporated, every piece of subsidiary legislation under them, and Acts and Legal Notices as enacted. Addresses follow a stable ELI shape: /eli/cap/<n>/<lang>/pdf for a Chapter, /eli/sl/<chapter>.<n>/<lang>/pdf for subsidiary legislation, /eli/act/<year>/<n>/<lang>/pdf and /eli/ln/<year>/<n>/<lang>/pdf for instruments as made, and /eli/const/<lang>/pdf for the Constitution. Both official languages are served at the same address with eng or mlt substituted. Article 12(4) of the 2021 Act gives the text on this site a statutory presumption: unless proof is brought to the contrary it is deemed to be a true representation of the law, incorporating all amendments up to the date indicated on the site.
Standing: Maintains the text in force
Cannot be cited for: It is not the authentic text. Under article 10(2) of the Statute Law Revision Act, 2021 the authentic text is the revised edition itself, which is the sole and only proper text in all Courts of Justice; the internet publication carries only the rebuttable presumption in article 12(4), so the site is official but defeasible. Two consequences follow for citation. First, the presumption runs only up to the date indicated on the site, and that date appears on the HTML page rather than inside the PDF, so a PDF taken on its own states no cut-off and none should be invented for it. Second, where the Maltese and English texts conflict the Maltese prevails - article 74 of the Constitution for any law, article 10(3) of the 2021 Act for a revised edition - so an English quotation here is the subordinate text and should not be relied on against a Maltese one. It cannot be cited for administrative practice at all: who may apply, what documents are wanted and what a programme currently charges in processing terms are matters for Identita, the Residency Malta Agency and the Commissioner for Revenue, and the instruments repeatedly delegate them to guidelines those bodies may issue.
We re-read it every 90 days. More about this source