Does Malta Allow Dual Citizenship: Pathways, Passport, and US Taxes

Yes, Malta allows dual citizenship. Since February 10, 2000, Maltese law has expressly stated that any person may hold Maltese citizenship and the citizenship of another country at the same time. That applies both ways: a Maltese national who naturalizes abroad keeps their Maltese status, and a foreign national who becomes Maltese is not asked to renounce anything. Malta also permits multiple citizenships, not just two.

The Rule and Where It Comes From

The governing law is the Maltese Citizenship Act, Chapter 188 of the Laws of Malta. Section 7 states that it is lawful for any person to be a citizen of Malta and at the same time a citizen of another country.¹

Before the 2000 amendment, the picture was very different. Maltese citizens who took up a foreign nationality typically lost their Maltese status, and applicants for Maltese citizenship generally had to give up their previous passport. That rule pushed thousands of emigrants, particularly those who left for Australia, Canada, and the United States in the mid-twentieth century, to sever their formal ties with Malta. The 2000 amendment removed the restriction going forward and also opened a route for many of those who had lost their citizenship to get it back.¹

Who Can Hold Maltese Citizenship Alongside Another

Because Malta places no cap on dual nationality, the practical question for most people is how they qualify for Maltese citizenship in the first place. Four pathways cover almost every case.

By Descent

This is the route most members of the Maltese diaspora use. Which article of the Citizenship Act applies depends on when you were born.

If you were born outside Malta before September 21, 1964 (independence day), Article 3(3) lets you register as a citizen if you can prove you are a direct-line descendant of someone born in Malta whose parent was also born in Malta.² The core requirement is two consecutive generations born on the island. An ancestor who died before August 1, 2007, and who would have qualified is treated as though they had acquired citizenship for the purposes of your claim.

If you were born on or after September 21, 1964, Article 5 applies. Where at least one of your parents was a Maltese citizen at the time of your birth, you are likely already Maltese by operation of law. For people born before August 1, 1989, only the father’s citizenship originally counted; children of Maltese mothers from that era now register through a separate process on Form I.³ Article 5(3) mirrors the two-generation descent rule for those born after independence.²

The two-generation chain is where most descent applications stand or fall. You need documented, unbroken proof: your ancestor born in Malta, that ancestor’s parent also born in Malta, and your own direct-line descent from them. Form K is the standard application for descent claims under Article 3(3) or 5(3),⁴ and Form M is used for minor children.⁵

By Marriage

Article 6 lets the spouse of a Maltese citizen register as Maltese after five years of marriage. On the date of application, you must still be married to and living with your Maltese spouse. Separated applicants may still qualify if they lived together for at least five years after the marriage. Widows and widowers can also apply where the marriage lasted at least five years and the couple was still living together at the time of death.² The Minister must be satisfied that granting citizenship is not contrary to the public interest. The five-year period cannot be shortened.

By Naturalization Based on Residence

Long-term residents who cannot claim descent or marriage can naturalize under Article 10. The residency test is stricter than it sometimes sounds: you must have lived in Malta for the entire twelve months immediately before applying, plus at least four years of residence during the six years before that final year.¹ That comes to roughly five years of residence over a seven-year window, with the last twelve months continuous. Applicants must also show good character, adequate knowledge of English or Maltese, and familiarity with Maltese history and civic life, tested by exam. Refugees resident for at least six years are exempt from the exams.

Regaining Citizenship Lost Before 2000

Emigrants who lost their Maltese citizenship under the old rules often benefit from an automatic restoration. If you originally became Maltese by birth or descent, later lost that status by acquiring a foreign nationality, and had lived outside Malta for at least six years in total, you are deemed never to have lost Maltese citizenship at all.¹ Those who originally obtained citizenship by registration or naturalization, or who had not spent six years abroad before losing it, apply for re-registration through the Community Malta Agency.

What a Maltese Passport Adds

Malta has been a member of the European Union since 2004, so every Maltese citizen is also an EU citizen. That carries the right to live, work, and study in any of the 27 EU member states without a separate visa or work permit, and most EU countries sit within the Schengen Area, so travel between them does not require border checks. For an American, Australian, or other non-EU national who qualifies for Maltese citizenship, this is often the practical point of the exercise. Children who qualify by descent inherit the same EU rights.

How to Apply

All citizenship applications are handled by Aġenzija Komunità Malta (the Community Malta Agency).⁶ Which form you file depends on your route:

Form K — registration by descent under Article 3(3) or 5(3), the standard diaspora application.⁴
Form I — registration for people born outside Malta before August 1989 whose mother was Maltese.³
Form M — registration of a minor child by descent under Article 5(3).⁵
Forms E and J — naturalization based on residence.

For a descent claim on Form K, expect to submit your birth certificate, your current passport, birth and marriage certificates for your parents, and the birth and marriage certificates of the Maltese ancestors that establish the two-generation link. A death certificate is needed for any parent through whom you claim descent who has died. Applicants swear an Oath of Allegiance as part of the process.⁴ Any document not in English or Maltese must be translated by a sworn translator and submitted with the original, and foreign documents need an apostille or consular legalization.

Fees depend on the route. Registration applications (Forms B, D, I, K, and M) carry a €150 filing fee, with a further €50 due when the certificate is collected. Naturalization based on residence (Forms E and J) costs €450 to file, plus the same €50 collection fee. Swearing the Oath of Allegiance at the agency costs an additional €10.¹

The Community Malta Agency does not publish guaranteed processing times. Applicants report that straightforward descent claims take anywhere from several months to more than a year, with completeness of the file being the biggest single driver. Incomplete submissions are the most common source of delay.

US Citizens: The Taxes Don’t Go Away

Malta’s acceptance of dual citizenship does not change how the country you already belong to treats you. That matters most for Americans, because the United States taxes its citizens on worldwide income no matter where they live. A Maltese passport does not lift US tax obligations. Where income is earned in Malta, both countries may have a claim, though the 2008 US-Malta tax treaty and mechanisms like the Foreign Tax Credit and Foreign Earned Income Exclusion can reduce or eliminate double taxation.⁷

Two US reporting requirements catch many dual citizens off guard, and neither is really about how much tax you owe:

FBAR (FinCEN Form 114). If the combined value of your foreign financial accounts exceeds $10,000 at any point in the year, you must file a Report of Foreign Bank and Financial Accounts. The deadline is April 15, with an automatic extension to October 15.⁸⁹
FATCA (Form 8938). US citizens abroad must report specified foreign financial assets on Form 8938 if totals exceed $200,000 on the last day of the tax year or $300,000 at any point during the year for single filers. Those thresholds double to $400,000 and $600,000 for married couples filing jointly.¹⁰

FBAR and FATCA are separate rules with different thresholds, different forms, and different filing destinations. You may need to file both. Neither one automatically means you owe more tax. But the penalties for missing them are real: the FBAR penalty alone starts at $10,000 for a non-willful violation, and FATCA penalties begin at the same level with escalation for continued non-compliance.

1
Aġenzija Komunità Malta. Acquisition of Citizenship
2
Laws of Malta. Chapter 188 Maltese Citizenship Act
3
Community Malta Agency. Form I – Application for Registration as a Citizen of Malta
4
Community Malta Agency. Form K – Application for Registration as a Citizen of Malta
5
Community Malta Agency. Form M – Application for Registration as a Citizen of Malta of a Minor Child
6
Aġenzija Komunità Malta. About – Aġenzija Komunità Malta
7
Internal Revenue Service. Malta Tax Treaty Documents
8
Financial Crimes Enforcement Network. Report Foreign Bank and Financial Accounts
9
Internal Revenue Service. Report of Foreign Bank and Financial Accounts (FBAR)
10
Internal Revenue Service. Summary of FATCA Reporting for US Taxpayers