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Laws Impacting Italian Citizenship

Key legislation that affects your eligibility for citizenship by descent

Italian Citizenship Laws

Did You Know?

There are two main forms of birthright citizenship: Jure Sanguinis (right of citizenship by blood) and Jus Soli (right of citizenship from birth within the country's territory). Italian citizenship by descent operates under Jure Sanguinis.

1912 — Children Born in Jus Soli Countries

This rule is important to know for anyone with ancestors that arrived in America before 1912. Before July 1, 1912, if a male Italian citizen naturalized in a foreign country, both spouses as listed on the naturalization document, and all minor children, would lose their Italian citizenship. After July 1, 1912, only the person who naturalized would lose their citizenship — spouses and children retained theirs.

1948 — Women's Right to Transmit Citizenship

Before January 1, 1948, Italian women could not transmit citizenship to their children. This means if your line of descent passes through a woman who had children before this date, you may not qualify through the standard administrative process. However, there is a judicial path available — a court case (known as a '1948 case') can be filed in Italy to claim citizenship through the maternal line.

March 28, 2025 — Major Regulation Changes

Italian citizenship law changed significantly on March 28, 2025. The following changes now apply to all new applications.

Read the full regulation changes →

1. Residency Requirements

Before: No residency was required. Applicants could apply through a consulate or Italian municipality.

Now: If claiming through a grandparent who did not exclusively hold Italian citizenship at the time of their claim or death (if already deceased), applicants must have resided in Italy for at least 2 years before submitting the application.

2. Stricter Lineage Criteria

Before: Citizenship could be claimed through any Italian ancestor, as long as the line was unbroken and the ancestor did not naturalize before the next person in the line was born.

Now: Citizenship by descent is limited to cases where the applicant's parent or grandparent was born in Italy.

3. Impact of the "Minor Issue"

Before: Children born abroad retained Italian citizenship even if their Italian parent naturalized while the child was a minor.

Now: If an Italian ancestor naturalized while their child was a minor (under 21 before 1975, under 18 after), the child's citizenship is considered interrupted. Descendants must show proof the ancestor maintained ties to Italy.

4. Changes in Administrative Procedures

Before: Applicants could apply through consulates or Italian municipalities.

Now: Many applicants will need to file court cases in Italy, especially if affected by the "Minor Issue" or other complexities.

5. Transitional Provisions

Applicants who submitted a complete application, booked a consulate appointment, or filed a court case before March 28, 2025, will be evaluated under the previous rules.

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