Passport Path
DescentMT-DSC-08

Pre-2007-08-01 deceased-ancestor descent registration (Article 3(5) carve-out)

Citizenship in Malta

Eligibility
Applicants whose direct-line ancestor died BEFORE 2007-08-01 are NOT subject to live-ancestor chain-keeper requirement.
Renunciation
Not required

Overview

MT-DSC-08 — Pre-2007-08-01 deceased-ancestor descent registration (Article 3(5) carve-out). Bucket DSC. Eligibility: Applicants whose direct-line Maltese-born ancestor died BEFORE August 1, 2007 are NOT subject to live-ancestor chain-keeper requirement under Article 3(5).

Legal basis

Article 5 of Maltese Citizenship Act Cap. 188 — citizenship by descent (jus sanguinis); parent transmission. Read with Article 17(1)(a) (mother for out-of-wedlock births), Act III of 1989 (retroactive mother-line transmission), and Article 3(5) live-ancestor 2007-08-01 anchor rule. Maltese Citizenship Act (Chapter 188 of the Laws of Malta) — originally enacted as Act XXX of 1965, effective 21 September 1965 (Independence Day). Amendment cascade: Act III/1989 (mother-line transmission, retroactive), Act XXVI/2000 (unrestricted dual nationality), Act IV/2007 (Art 7 descendant registration + Art 3(5) live-ancestor anchor), Act XV/2013 (MIIP framework), Act XXI/2025 (Art 10(9) Citizen by Merit).

Primary statute: Maltese Citizenship Act Chapter 188 of the Laws of Malta. Foundational text dates from 1965 enactment but key cascade-significant amendments are: Act III of 1989 (mother-line transmission); Act III of 2000 (dual nationality permitted 2000-02-10); Act IV of 2007 (foreign-born descendants with pre-1965 connection — 2007-08-01 anchor); Act IX of 2014 (civil unions); Act XXIII of 2017 (marriage equality). CIP statutory layer: Legal Notice 47 of 2014 (MIIP — Malta Individual Investor Programme); LN 437 of 2020 (MEIN — Maltese Exceptional Investor Naturalisation, replacing MIIP). Cross-reference: Komunità Malta replaced Identity Malta Agency under the 2020 restructuring.

Example scenarios

  • ELIGIBLE — Article 7 with Article 3(5) carve-out (grandfather deceased pre-2007-08-01)

    Cohort (2) deceased-pre-anchor: simpler chain-of-title only; no live-ancestor registration step required.

  • ELIGIBLE if 2-generation Malta-born chain met (great-grandfather + great-great-grandfather both Malta-born) + Article 3(5) carve-out

    Generational depth check + deceased-pre-anchor carve-out apply.

Informational summary compiled from primary legal sources — not legal advice. Citizenship law changes; verify with the competent authority before acting. Last verified 2026-05-05.

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