2026 Guide to European Citizenship Options for Americans

Americans can obtain European citizenship in 2026 where a lawful route fits their facts: citizenship by descent, naturalisation after legal residence or, exceptionally, merit-based citizenship. There is no single European route and no purchasable one. Citizenship is governed by national law, and each country sets its own conditions.

That competence has limits. In Commission v Malta (Case C-181/23), the Court of Justice held that granting nationality in direct exchange for predetermined payments or investments breaches Article 20 TFEU and the principle of sincere cooperation in Article 4(3) TEU. The Court stressed that the acquisition of Union citizenship cannot result from a commercial transaction. Our analysis of the Court's position and Malta's response and our thought leadership publication on European citizenship after Commission v Malta explain the practical consequences.

For many US nationals the motivation is practical: family security, access to European education and business, geopolitical diversification and intergenerational planning.

The CCLEX Mobility Assets Spectrum™ ranks statuses by legal substance, permanence, geographic reach, inheritability, breadth of rights and reputational substance. Nomad visas (Band 1) and temporary residence permits (Band 2) offer mobility but depend on renewal. Property-tied residence (Band 3) can be lost on disposal of the qualifying asset and may age out for dependent children. Permanent residence (Band 4) is more durable but remains distinct from citizenship. Citizenship by descent and merit-based naturalisation (Band 6) sit at the top: they are lasting, generally transmissible and, in EU Member States, carry EU free movement rights.

The legal distinction matters. Residence is a permission, exposed to renewal conditions, presence requirements and policy change. Citizenship is a lasting legal bond carrying a passport and the right to remain. Residence leads to citizenship only where the national naturalisation conditions are separately met. Our publication on tax residence, legal residence and citizenship sets out how the three statuses interact.

Descent is the most direct route for Americans with qualifying ancestry, but the rules differ sharply by country and are narrowing.

Ireland. A person born abroad with a grandparent born on the island of Ireland may become an Irish citizen by entering their birth in the Foreign Births Register. If each generation registers before the next is born, citizenship can pass from parent to child (Citizens Information).

Italy. Law 74/2025 ended unlimited transmission by descent. Under the new Article 3-bis of Law 91/1992, a person born abroad who holds another citizenship is deemed never to have acquired Italian citizenship unless an exception applies. The exceptions are recognition sought by 27 March 2025, a parent or grandparent holding exclusively Italian citizenship, or a parent who resided in Italy for two continuous years after acquiring citizenship and before the child's birth. The Constitutional Court dismissed the challenge raised by the Tribunal of Turin in Judgement No. 63/2026, deposited on 30 April 2026. In Ordinanza No. 147/2026 of 23 July 2026 it then referred to the Court of Justice the question whether Articles 9 TEU and 20 TFEU preclude Article 3-bis, and Article 3-bis remains in force meanwhile. Americans relying on a great-grandparent should assume the route is closed unless an exception applies. See our Italian Citizenship by Descent hub.

Austria. Section 58c of the Austrian Citizenship Act allows direct descendants of persons persecuted under the National Socialist regime to acquire citizenship by declaration.

Descent claims succeed or fail on civil-status records linking each generation. A legal and genealogical audit before filing avoids discovering a broken chain late. See our Citizenship by Descent practice.

Malta Citizenship by Merit is discretionary naturalisation under Article 10(9) of the Maltese Citizenship Act. The Minister may grant it to a person who renders exceptional services or makes an exceptional contribution, including through job creation, to Malta or humanity, or whose naturalisation is of exceptional interest to Malta. Since the 2025 reform it is governed by the Granting of Citizenship by Naturalisation on the Basis of Merit Regulations, as amended by Legal Notice 159 of 2025, and administered by the Community Malta Agency. The Agency has stated publicly that it is neither a programme nor a scheme, does not continue the former investor framework, and assesses each application case by case. Our Malta Citizenship by Merit solution and Law Explained publication cover the framework in full.

Who the law recognises

The law names the individuals whose services and contributions may qualify as exceptional, "amongst other persons of interest" to Malta from time to time or to humanity. The Act treats "exceptional" as manifestly superior or adding value. The profiles are:

• Scientists and researchers: achievement may matter because of its exceptional quality and its connection with Malta or humanity.
• Athletes and sports persons: the same test applies to sporting achievement.
• Artists and cultural performers: the same test applies to cultural achievement.
• Entrepreneurs: business activity may matter because of demonstrable innovation, job creation, strategic activity or public benefit. Capital alone does not establish merit.
• Philanthropists: giving may matter because of its scale, continuity and social effect. See From Philanthropy to Belonging.
• Technologists: including founders and engineers in fields such as artificial intelligence, as explained below.
• Persons of exceptional interest: individuals the Minister considers to possess the skills, profile, qualities, talents and expertise to significantly advance or benefit Malta's national interest.

AI founders and Malta Vision 2050

Technologists show how these profiles work in practice. The analysis of Chetcuti on AI Founders and Malta Citizenship by Merit examines why exceptional AI founders, researchers and technologists may represent strategically important human capital as artificial intelligence becomes a matter of national strategy. It also considers the scientific, entrepreneurial, humanitarian, governance and ecosystem contributions that may be relevant. It stresses that merit cannot be reduced to valuation, wealth or commercial success, and that citizenship remains recognition of exceptional contribution, not a recruitment incentive.

The policy context is Malta Vision 2050, the Government's long-term strategy. The Government has said that the 2025 amendments are consistent with the Vision, with an emphasis on added value and job creation. Legal-Malta's analysis of Malta Vision 2050 and Malta's AI & Robotics Ambition describes how the Vision places AI, robotics, advanced digital industries and innovation-led growth at the centre of Malta's long-term strategy. The consultation draft of the national AI strategy envisages "a trusted AI ecosystem that promotes societal well-being, inclusive social and economic progress, and sustainability". The Vision is context, not a test. It states that it "does not, of itself, create any legal rights or obligations", so the statutory tests in Article 10(9) and the Regulations remain decisive. See also our Malta Vision 2050 analysis and the Founder's Guide to Maltese Citizenship and Residency.

Proposal, residence and dependants

Applicants begin with a proposal letter to the Community Malta Agency. It sets out their background and achievements, the exceptional service or contribution made or intended, a forward-looking plan for continuing to contribute after naturalisation, and supporting documents. An independent Evaluation Board assesses the proposal while the Agency carries out due diligence. The Minister then approves in principle or rejects it, is not obliged to give reasons, and the decision is final (Community Malta Agency guidance). After approval in principle, the applicant applies for the certificate, evidencing at least eight months' residence in Malta and title to adequate residential property.

A spouse or partner, children under 18, and unmarried children aged 18 to 28 who are wholly or largely maintained by the main applicant may be included as dependants. Malta generally permits dual citizenship, so an American applicant is not generally asked to give up US nationality.

"…acknowledges those who take part in Malta's progress – through creativity, enterprise, or philanthropy – as genuine contributors to the community's future."Dr Jean-Philippe Chetcuti, Managing Partner, CCLEX Global

Austria: Citizenship by Merit

Austria Citizenship by Merit is granted at the discretion of the Austrian government for exceptional contribution, under https://www.ris.bka.gov.at/Dokument.wxe?Dokumentnummer=NOR40149202&Abfrage=Bundesnormen. Our comparative analysis, Citizenship by Merit in Europe, sets Austria and Malta alongside other European models.

For Americans without ancestry or a merit profile, naturalisation after legal residence is the ordinary route, and 2026 has lengthened it. Portugal's Lei Orgânica n.º 1/2026, in force since 19 May 2026, generally requires 10 years of legal residence for non-EU nationals (seven for EU and Portuguese-speaking-country nationals), up from five, with stricter integration and criminal-record requirements. The residence clock now runs from permit issuance. According to the Portuguese Ministry of Justice, the new provisions apply only to applications submitted after entry into force.
See our analysis, Portugal Extends Citizenship Timeline from 5 to 10 Years.

Greece generally requires seven years of legal residence. Across Europe, authorities look for genuine residence, integration and a clean record, not permit-holding alone.

Golden visas are residence tools. They can support relocation, but they do not confer citizenship, and any later naturalisation depends on the ordinary conditions of that country.

• Greece: under Law 5100/2024 the minimum property investment is €800,000 in Attica, Thessaloniki, Mykonos, Santorini and islands with over 3,100 residents, and €400,000 elsewhere. A €250,000 threshold applies only to commercial-to-residential conversions or restoration of listed buildings. See our Greece Golden Visa Programme.
• Italy: our Italy Golden Visa solution covers the Investor Visa, which runs from €250,000 (innovative start-up) to €2,000,000 (government bonds). The separate Italy Flat Tax Regime costs €300,000 a year on foreign-source income for new residents from 1 January 2026, plus €50,000 per family member (our analysis). It is a tax regime, not a residence permit.
• Malta: the Malta Permanent Residence Programme and the Malta Global Residence Programme grant residence, and the latter special tax status, not citizenship.
• Spain: the Golden Visa has been closed to new applicants since 3 April 2025 under Organic Law 1/2025.

US citizens are taxed on worldwide income wherever they live, and relief such as the foreign earned income exclusion and foreign tax credit is available only by filing a US return. Foreign accounts may require an FBAR, and foreign financial assets above the threshold require Form 8938, with a $10,000 penalty for failure to file. A European citizenship or residence permit changes none of this. Destination-country tax residence, such as under the Italian flat tax, must be modelled against US citizenship-based taxation before any move. Our US–Europe Tax Advisory practice advises on the European side and coordinates with the client's US adviser.

Our US–Europe Immigration and Global Citizenship Advisory practices advise Americans on which route is lawfully available and how to sequence it, working with the USA-Malta Legal & Tax Desk legal and tax advisory team where Malta is in view. Typical assistance includes:

• Descent eligibility assessments and civil-record audits
• Merit-profile assessment for Malta and Austria
• Comparative residence and naturalisation planning across jurisdictions
• Coordination of immigration planning with European tax advice and the client's US tax adviser

Relevant CCLEX practice hubs:

• European Citizenship Advisory
• Residency by Investment

About the Authors: Professional Contribution and Expertise

Dr Jean-Philippe Chetcuti, BA, LLM, LLD, TEP is a senior Maltese lawyer and co-founding partner of CCLEX, with over 25 years’ experience advising high-net-worth and ultra-high-net-worth individuals, families, entrepreneurs, and family offices on international tax, immigration, and private client law. His practice focuses on residence, citizenship, and cross-border structuring within the European Union and select international jurisdictions. He is widely recognised for his thought leadership on the doctrine of contributive belonging, advancing the view that modern citizenship and residence frameworks must be grounded in genuine contribution, integration, and long-term alignment with the host state, rather than transactional or purely financial criteria. This work has been particularly influential in shaping legal discourse around merit-based citizenship and residence frameworks in Malta and across Europe. Dr Chetcuti is also known for articulating and developing the concept of residency and citizenship as a distinct asset class, analysing these statuses not merely as immigration outcomes but as strategic legal assets characterised by durability of rights, mobility, intergenerational continuity, and regulatory resilience. This thinking underpins the CCLEX Mobility Assets Spectrum™, a proprietary analytical framework used to assess, compare, and structure global mobility options for internationally mobile families and entrepreneurs.

He has served as Chairman of STEP Malta, has contributed to the STEP Journal, Investor Migration Daily, and other specialist publications, and is a frequent lecturer and speaker on EU residence and citizenship law, international tax planning, and global mobility policy. His work is distinguished by a practical, multidisciplinary approach, integrating legal analysis, tax structuring, and relocation strategy to deliver compliant and future-proof outcomes for complex cross-border clients.

Dr Priscilla Mifsud Parker, BA, MA, LLD, TEP, is a senior Maltese lawyer and partner at CCLEX, advising high-net-worth individuals, families, and entrepreneurs on European residence and citizenship law, cross-border private client structuring, and international tax considerations. She heads the firm’s Families & Wealth practice group and has extensive experience advising U.S. and other non-EU nationals on Malta residence, permanent residence, and citizenship by merit frameworks. Dr Mifsud Parker has held the position of Chairperson of STEP Malta, is a member of the Maltese Chamber of Advocates, and a frequent contributor and speaker on private client, tax residence, and global mobility matters, combining technical rigour with a practical, multidisciplinary advisory approach.

FAQs

[question]Can Americans get European citizenship in 2026?[/question][answer]Yes, through three lawful routes: citizenship by descent where an ancestor qualifies, naturalisation after a period of legal residence, and, rarely, discretionary merit-based citizenship such as Malta or Austria provide. Each country applies its own nationality law, and following the 2025 Court of Justice ruling, none can be obtained through a fixed payment or investment.[/answer]

[question]Is there still a European citizenship by investment programme?[/question][answer]No. In Commission v Malta (C-181/23, 29 April 2025), the Court of Justice held that granting nationality in exchange for predetermined payments or investments infringes Article 20 TFEU. Investment-linked residence permits remain in some countries, but they do not confer citizenship.[/answer]

[question]Can Americans hold dual citizenship with a European country?[/question][answer]US law does not require Americans to give up US citizenship when acquiring another nationality, but each European country sets its own rules on dual nationality. Some permit it freely, others restrict it or require renunciation. The position should be checked country by country before any application is lodged.[/answer]

[question]Which European countries offer citizenship by descent to Americans?[/question][answer]Ireland admits applicants with an Irish-born grandparent through the Foreign Births Register, and Austria's section 58c covers descendants of persons persecuted under the Nazi regime. Italy still recognises descent, but only within narrow limits since Law 74/2025. Other countries apply their own ancestry rules, so eligibility is assessed jurisdiction by jurisdiction against civil-status records.[/answer]

[question]Does Italian citizenship by descent still work for Americans?[/question][answer]Only within narrow limits. Since Law 74/2025, a person born abroad who holds another nationality is deemed never to have acquired Italian citizenship unless an exception applies, such as a parent or grandparent holding exclusively Italian citizenship, or an application lodged by 27 March 2025. The Constitutional Court dismissed the Turin challenge in April 2026 but referred EU-law questions to the Court of Justice in July 2026, and the law remains in force meanwhile.[/answer]

[question]How long does Portuguese naturalisation take for Americans after 2026?[/question][answer]Under Lei Orgânica n.º 1/2026, in force since 19 May 2026, naturalisation generally requires 10 years of legal residence for nationals of countries outside the EU and the Portuguese-speaking community, up from five. Integration and criminal-record requirements are stricter, and holding a golden visa does not by itself shorten the period.[/answer]

[question]Can a golden visa lead to European citizenship?[/question][answer]Only indirectly. A golden visa grants residence, and citizenship follows only if the holder later satisfies the ordinary naturalisation conditions of that country, typically years of genuine legal residence, integration and language requirements. Greece, for example, generally requires seven years of residence. Residence permits should not be treated as a shortcut to a passport.[/answer]

[question]What is citizenship by merit, and which countries grant it?[/question][answer]Citizenship by merit is discretionary naturalisation granted for exceptional contribution or national interest, not for payment. Malta and Austria are the main EU examples. There is no entitlement to a positive outcome, and each application is assessed on its evidence of contribution.[/answer]

[question]Do Americans still pay US tax after acquiring European citizenship or residence?[/question][answer]Yes. US citizens are taxed on worldwide income wherever they live, and a second nationality does not change that. Exclusions and foreign tax credits may reduce double taxation, but only by filing a US return. Foreign accounts may also trigger FBAR and Form 8938 reporting, so tax advice should accompany any mobility plan.[/answer]

[question]What is the difference between European residence and European citizenship?[/question][answer]Residence is a permission to live in a country, usually subject to renewal, conditions and policy change. Citizenship is a lasting legal bond carrying the right to a passport, to remain indefinitely and, in EU Member States, to EU free movement. Residence leads to citizenship only where national naturalisation conditions are met.[/answer]

[question]Does the Spain Golden Visa still exist?[/question][answer]No. Spain ended new applications for its investor residence permit on 3 April 2025 under Organic Law 1/2025. Anyone considering Spain should seek advice on the residence routes that remain available, as none confers citizenship.[/answer]

[question]Who can qualify for Malta Citizenship by Merit, and can AI founders apply?[/question][answer]Maltese law recognises scientists, researchers, athletes, artists, cultural performers, entrepreneurs, philanthropists and technologists, among other persons of interest, whose exceptional services or contribution benefit Malta or humanity. AI founders and researchers may fall within these categories by proving significant national interest impact.[/answer]