On 29 April 2025 the Court of Justice of the EU ruled in Case C-181/23 that Malta's citizenship-by-investment scheme breached EU law. The programme, which offered citizenship for €600,000 or €750,000, closed on 26 July 2025. Malta now operates only a discretionary merit-based citizenship route with no fixed investment amount.
TL;DR · LAST REVIEWED 10 July 2026
- The Court of Justice of the European Union ruled against Malta's citizenship-by-investment scheme on 29 April 2025, in Case C-181/23, Commission v Malta.
- Malta's Exceptional Investor Naturalisation scheme (MEIN) formally closed on 26 July 2025, ending the €600,000 (36-month) and €750,000 (12-month) tiers.
- The replacement route is discretionary naturalisation by merit, under Article 10(9) of the Maltese Citizenship Act and Subsidiary Legislation 188.06, with no fixed published financial threshold.
KEY FACTS
- The Court of Justice of the European Union ruled against Malta's citizenship-by-investment scheme on 29 April 2025, in Case C-181/23, Commission v Malta.
- Malta's Exceptional Investor Naturalisation scheme (MEIN) formally closed on 26 July 2025, ending the €600,000 (36-month) and €750,000 (12-month) tiers.
- The replacement route is discretionary naturalisation by merit, under Article 10(9) of the Maltese Citizenship Act and Subsidiary Legislation 188.06, with no fixed published financial threshold.
- The Malta Permanent Residence Programme (MPRP), a residency route rather than a citizenship route, was unaffected by the ruling and continues to operate.
- Citizenships already granted under the former investment scheme before its closure remain valid and are not affected by the ruling.
What the Court of Justice actually decided
The Court of Justice of the European Union delivered its judgment in Case C-181/23, European Commission v Malta, on 29 April 2025. The case had been brought by the European Commission, which argued that Malta's citizenship-by-investment scheme allowed the systematic grant of Maltese, and by extension European Union, citizenship in exchange for predetermined financial contributions, without requiring the kind of genuine connection to Malta that citizenship is generally understood to involve. The Court agreed, finding that the scheme amounted to the commercialisation of the status of national of a member state, and that this was incompatible with the essential nature of Union citizenship as set out in Article 20 of the Treaty on the Functioning of the European Union. The Court also found that Malta had breached the principle of sincere cooperation between member states under Article 4(3) of the Treaty on European Union, since the scheme effectively allowed one member state to sell access, in practical terms, to the rights that attach to citizenship of every member state.
Malta's government had argued that citizenship matters fall within the sovereign competence of individual member states, and that neither EU law nor international law imposes a requirement of a genuine link before citizenship can be granted. This argument had initially found support: in October 2024, Advocate General Anthony Michael Collins issued a non-binding opinion recommending the Commission's case be dismissed. The Court's final judgment went the other way, and Malta's government, while disagreeing with the reasoning, confirmed it would comply. Citizenship already granted under the scheme before its closure was not affected by the ruling.
What closed, and when
Malta's Exceptional Investor Naturalisation scheme, commonly known as MEIN and formally titled naturalisation for exceptional services by direct investment, had operated two tiers since a 2020 revision: a 36-month residence route requiring a lower total contribution, and an accelerated 12-month route requiring a higher one, commonly cited at €600,000 and €750,000 respectively before property, donation and family add-on costs. The Maltese government formally ended the scheme on 26 July 2025, giving effect to the Court's ruling through the Maltese Citizenship Amendment Act, Act No. XXI of 2025. No new applications under the investment route have been accepted since that date, and the scheme cannot be revived in its former form while the CJEU ruling stands.
The merit route that replaced it
What remains is a citizenship by merit route, administered by Community Malta Agency under Article 10(9) of the Maltese Citizenship Act, Chapter 188, and the regulations at Subsidiary Legislation 188.06. It applies where an applicant has rendered exceptional service or contribution to Malta, or to humanity more broadly, in fields the Agency has tied to national priorities: science, technology, innovation, culture, the arts, sport, entrepreneurship and philanthropy among them. There is no fixed published financial threshold. Financial contribution alone does not constitute merit, and the process is explicitly discretionary at every stage rather than a tick-box exercise with a guaranteed outcome.
The mechanics run through a proposal letter setting out the applicant's background, the exceptional service or contribution already made or intended, and a forward-looking plan for continued contribution after naturalisation, submitted to Community Malta Agency alongside a four-tier due diligence process. An independent Evaluation Board reviews the proposal and may request further information or interviews before making a recommendation to the Minister, who retains final discretion. Applicants must separately hold lawful residence in Malta, generally for at least eight months before a citizenship application can be submitted, demonstrate adequate residential property, show English or Maltese language proficiency, and pass ongoing background checks. Advisory sources describe the full process as running somewhere between 12 and 24 months, though this is a general guide rather than a published standard, and there is no guarantee of a particular outcome or timeline.
The Malta Permanent Residence Programme: residency, not citizenship
Malta's other non-EU route, the Malta Permanent Residence Programme, was not affected by the CJEU ruling because it grants permanent residence rather than citizenship, and residence-by-investment schemes sit outside the specific legal reasoning the Court applied to citizenship. Under the rules in force in 2026, an applicant must show assets of at least €500,000, including at least €150,000 in financial assets, or alternatively €650,000 including at least €75,000 in financial assets, together with a qualifying property commitment: rental of at least €10,000 a year in the south of Malta or Gozo, or €14,000 elsewhere, or purchase from €300,000 in the south of Malta or Gozo, or €375,000 elsewhere. Successful applicants and eligible family members gain the right to reside in Malta indefinitely, with no day-to-day physical stay requirement to keep the permit active, and access to the Schengen Area for short stays elsewhere in Europe. The programme does not grant Maltese or EU citizenship, voting rights, or an EU passport, and long-term residents may only pursue naturalisation later if they independently qualify under a separate route, including the merit framework, on its own terms.
What this means for UK citizens who were considering Malta
For a UK citizen whose interest in Malta was specifically about acquiring EU citizenship through a defined financial contribution, that specific route no longer exists, and there is no fixed-price replacement. The merit route remains open in principle, but it depends on demonstrating exceptional achievement or contribution in a recognised field rather than on meeting a financial threshold, and carries no guaranteed timeline or outcome. UK citizens whose priority is EU residence, Schengen access and a Mediterranean base, without requiring Maltese or EU citizenship itself, can still consider the Malta Permanent Residence Programme, which continues to operate on its own separate legal basis and was not disturbed by the ruling. UK citizens weighing EU citizenship-by-investment options generally are covered in the broader guide to the ruling's effect across the EU, linked below, since Malta was the last EU country still operating a scheme of this kind.
Which programmes the ruling does not touch
The CJEU's reasoning applies specifically to EU citizenship, since it turns on Article 20 TFEU and the integrity of Union citizenship rights that automatically follow from any member state's nationality. Citizenship-by-investment programmes outside the European Union are outside the Court's jurisdiction entirely and are unaffected by this ruling in any legal sense: the five Caribbean programmes covered on this site, Grenada, Dominica, St Kitts and Nevis, Antigua and Barbuda, and St Lucia, Turkey's real estate-based citizenship route, and Vanuatu's programme all continue to operate under their own national legal frameworks, none of which answer to EU law. Comparisons between Malta's former cost and these non-EU programmes' costs are common in the industry, but they are no longer comparing like with like: none of the surviving programmes confer EU citizenship, freedom of movement within the EU, or the right to live and work across 27 member states that Maltese citizenship, when it was available by investment, did.
RELATED GUIDES
DISCLAIMER
This article is editorial information, not immigration, legal, tax or investment advice. Rules, thresholds and fees change and should be verified against the official sources cited below before acting. Kael Tripton Ltd receives no fee, commission or referral payment in connection with any programme described on this page.
Frequently asked questions
Can I still get Maltese citizenship by making a financial investment?
No. The Malta Exceptional Investor Naturalisation scheme closed on 26 July 2025 following the CJEU ruling in Case C-181/23. The only citizenship route now open is the discretionary merit-based framework, which has no fixed financial threshold and does not accept investment alone as qualifying merit.
Is my Maltese citizenship affected if I already obtained it through investment?
No. The CJEU ruling and Malta's subsequent legislative changes do not affect citizenships already granted under the former investment scheme before its closure. Those citizenships remain valid.
What is the difference between Malta's merit route and its old investment route?
The former investment route had a fixed, published financial threshold, either €600,000 or €750,000 depending on the timeline chosen, and broadly predictable outcomes for qualifying applicants. The merit route has no fixed financial threshold, requires demonstrated exceptional achievement or contribution in a recognised field, and is discretionary at every stage with no guaranteed outcome.
Can I still get Malta residency without qualifying for citizenship by merit?
Yes. The Malta Permanent Residence Programme grants permanent residence, not citizenship, and continues to operate unaffected by the CJEU ruling, subject to its own asset and property requirements.
Does the CJEU ruling affect Caribbean or other non-EU citizenship-by-investment programmes?
No. The ruling addresses EU citizenship specifically and has no legal effect on programmes outside the European Union, including the five Caribbean programmes, Turkey's, and Vanuatu's, all of which operate under their own separate national laws.
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