Church warns that children born in Malta face legal trap of being exiled at 18

Children born in Malta to migrant parents are being stripped of their residency rights upon turning 18, leaving them undocumented in the only country they call home, the Church in Gozo has warned in a report published this month.

Many children who crossed the Mediterranean with their parents, arrived in Malta at a very young age, or were born in Malta to migrant parents, have long lived in a precarious legal situation – one that is worsening as they turn 18 and become the first generation of adults whose parents migrated to Malta in search of a better life.

Under current policy, children whose status is dependent on their parents are unable to renew their residence permits once they reach adulthood – a requirement that stops their transition into the workforce and independent life.

The situation of those whose parents’ asylum applications were rejected, and who therefore only had a tolerated stay, is even more tenuous.

The annual report, which was published this month by the Gozo Church’s social work arm – the Kummissjoni Djakonija – reiterates calls for policy changes from several other organisations, among them Moviment Graffitti, the Jesuit Refugee Service (JRS) and the Malta Foundation for the Wellbeing of Society.

“It’s time the situation is rectified for adolescents born in Malta. They should be granted Maltese citizenship,” the report says.

“De facto, they are Maltese. They have much to contribute to Maltese society, especially if they are also legally integrated into it.”

It’s time the situation is rectified for adolescents born in Malta- Kummissjoni Djakonija

The problem stems from an often-overlooked gap in the Maltese immigration system. It effectively creates a ticking clock for children who arrive with their parents or are born in Malta but are not granted their own independent refugee or subsidiary protection status.

When a family arrives in Malta and applies for asylum, the outcome for the children often mirrors that of their parents. However, if the children are merely listed as dependants on a parent’s residence permit rather than granted protection in their own right, their legal right to remain is entirely dependent on that status.

The moment they hit 18, they are not legally minors and no longer considered to be dependent on their family. Unless they can prove they are still dependent on the parent – usually through severe physical or mental disability or full-time studies – their residence permit is often not renewed – which means they effectively become irregular migrants in the country they were born in and the only country they have ever known.

For children born in Malta or who have lived in Malta since childhood, attended Maltese schools and speak Maltese, turning 18 becomes a crisis instead of a milestone.

They may have completed their SECs or Matriculation, but without a valid residence card, they cannot legally work or, in some cases, continue to higher education with the same stipends and rights as their peers.

Even worse, technically, once the permit expires, they become ‘undocumented’ or ‘irregular’. Even if they have lived in Malta for almost two decades, they can be issued a return decision to a country they barely remember or have never been to.

“These children were born here, educated here, can read and write in Maltese and wish to work and live here in the future,” the report said.

“They have now become adolescents and young adults who cannot speak a single word of the language of their mother’s country of origin.”

Foreigners in their own birthplace

The report points out the irony of a system that educates children in Maltese schools and integrates them into local culture, only to classify them as illegal once they are old enough to contribute to the economy.

While the authorities often maintain these rules are necessary to prevent chain migration and ensure economic self-sufficiency, critics argue the policy ignores de facto integration.

Without a valid ID card, these young adults cannot access higher education stipends, open bank accounts, or sign legal employment contracts, effectively forcing them into the black market or leaving them at risk of deportation.

The report highlights a clash between three legal concepts: Ius Soli (right of the soil/birthplace), Ius Sanguinis (right of blood/ancestry), and Ius Culturae (right of culture/integration).

Because Malta does not grant citizenship by birth (Ius Soli), children of migrants are tethered to their parents’ legal status.

The Church Commission is advocating for a shift toward Ius Culturae, where the years spent in the Maltese education system and the level of cultural integration are given legal weight.

The report insists that the current hardline stance creates a class of people who are Maltese in every sense except for the papers in their pockets.