2025 REGULATION CHANGES

2025 REGULATION CHANGES

Changes to Italian Citizenship by Descent: A New Era

PLEASE NOTE: At this time, the general consensus among Italian citizenship attorneys is to proceed with collecting the required vital records under the assumption that you can petition the courts for citizenship using an experienced attorney.

The Italian government has introduced significant changes to the rules governing citizenship by descent, also known as jure sanguinis. According to the current government in power, these reforms aim to strengthen the connection between Italian citizenship and genuine ties to the country, while combating abuse and misuse of the system. In this page, we'll explore the key changes and how they might affect you.

IMPORTANT: As of March 28, 2025 - these regulation changes are in effect temporarily but immediately. The government has 60 days to amend, reject, or accept as currently written. If nothing is decided within 60 days, the regulation automatically reverts back to the previous rule.

Background: Legislative Measures

Two key legislative measures are at play here: a decreto legge and a disegno di legge. The decreto legge is already in effect, while the disegno di legge awaits parliamentary approval. For those interested in the details, you can find more information in a recent live discussion available on YouTube: https://www.youtube.com/live/03uAfJPqD5c.

Immediate Changes: Decreto Legge

Limitation to Two Generations

The new rules limit automatic citizenship recognition to those with an Italian parent or grandparent. This applies regardless of the date of birth. Importantly, individuals who applied for citizenship before March 27, 2025, or have already been recognized as citizens will not be affected by these changes. This also means that parents would not be able to pass Italian citizenship to their children as generations pass.

Centralized Application Process

Applications for citizenship from abroad will no longer be processed through consulates. Instead, they will be handled by a centralized office at the Foreign Ministry. A transition period of about one year is planned to set up this new system. During this time, consulates will focus on providing services to existing citizens rather than processing new applications.

Increased Application Fees

The cost of applying for citizenship has increased. Fees rose from €300 to €600 as of January 1, 2025, and are proposed to increase further to €700 under the new system.

No Retroactive Changes or Amnesties

Individuals who already hold Italian citizenship or applied before March 27, 2025, will not see any changes to their status. Additionally, there will be no "amnesties" granted under the new system. We are not yet sure what this means for those interested or requiring a legal process to sue for citizenship.

Focus on Preventing Abuse

The reforms are designed to combat "citizenship shopping" and the misuse of citizenship for accessing business or medical services in Italy. As emphasized by officials, being an Italian citizen is a serious matter that requires genuine connections to the country.

Removing Old Barriers

This decree appears to remove old barriers to Italian citizenship, such as the 1912 rule, the 1948 rule, and the Minor Issue. The criteria are simply that you must have had an Italian-born parent or grandparent, or a parent that legally resided in Italy for 2 years prior to your birth. We do not yet know if the date in which your parent or grandparent naturalized in another country will prevent citizenship transmission. Under old regulations, the Italian-born must not have become the citizen of another country before the next family member in line was born.

Proposed Changes

Residency Requirement - This will be voted on as part of the separate disegno di legge. A residency requirement is not included with the currently active decreto legge.

A significant addition is the introduction of a residency requirement for certain applicants:

  • Automatic Citizenship: One parent must have lived in Italy for at least two consecutive years before the child's birth for the child to qualify for automatic citizenship.

  • Descendants of Grandparents: If you're a descendant of an Italian grandparent, you can apply for citizenship after living in Italy for three years.

  • Children of Italian Citizens Born Abroad: These children can become citizens after residing in Italy for two years.

  • Spouses of Italian Citizens: Spouses must live in Italy to qualify for naturalization.

Age Restriction

Another proposed restriction is the introduction of an age requirement. As currently written, one would need to claim Italian citizenship before the age of 25.

Action Requirement

The Italian government is suggesting a new requirement for recognized citizens to uphold their citizenship by fulfilling certain obligations at least once every 25 years. These obligations may include actions such as renewing a passport or participating in elections. Failure to engage in these civic responsibilities could result in the potential revocation of citizenship.

Final Thoughts

Although these changes are likely to be passed by Parliament, this does not mean the immediate end of Italian citizenship by descent. The vast majority of Italian citizenship attorneys believe this change is unconstitutional and will be short-lived. Many attorneys also believe that this decree would violate European Union law, forcing a case to be heard in the European Court.

It is advised that if you no longer qualify for citizenship due to this new law, seek the legal counsel of an experienced Italian citizenship attorney. There is a possibility of gaining citizenship via the judicial process, but Now Citizens cannot estimate the likelihood of your case’s success.

We hope that the Italian Supreme Court rules that anyone born under the old law, which stated that one is born an Italian citizen, is grandfathered into the previous regulation. Anyone born after the law change would fall under the new regulation.

Frequently Asked Questions

  • The general consensus among Italian citizenship attorneys is that this decree law is going to have a short life. Many believe it to be both unconstitutional and against European Union law.

    Even if it remains, attorneys argue that they can petition citizenship cases directly to the courts. Italian judges have more autonomy to interpret the law, so attorneys remain optimistic that cases petitioned to the courts will remain successful.

  • At this time, the decree is worded in a way that does not allow foreign-born parents to pass citizenship to their children. This currently includes minor children who could have easily been registered as citizens under the old law.

  • Current regulation does not clarify whether the only criteria needing to be met is an ancestor born in Italy or if that ancestor cannot have naturalized in another country before the birth of the next family member in line.

  • The general consensus among Italian citizenship attorneys is that this new law, at least in its current implementation, is not constitutional. It will remain in force until higher courts deliberate and decide a ruling. There is a good possibility that even if it is not overturned, the courts will create a method for those eligible under old regulations to make a claim through judicial means, i.e. hiring an attorney to sue.