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. There is no guaranteed success when using an attorney, but for many this will now be the only option.

The Italian government has enacted sweeping reforms to the rules governing citizenship by descent (jure sanguinis). According to officials, these changes are intended to reinforce the link between Italian citizenship and a demonstrable connection to the country, while also addressing misuse of the existing process.

On this page, we’ll break down the most important updates and explain how they may impact your eligibility.

These new requirements are in addition to the original eligibility criteria. To qualify under the current law, you must meet both the previous requirements and the newly introduced conditions.

Summary

1. Introduction of Residency Requirements

  • Before:
    Applicants could claim Italian citizenship by descent without any residency prerequisites.

  • Now:
    If claiming through a grandparent, applicants must have resided in Italy for at least three 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 reacquired Italian citizenship to qualify.

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.

Primary Updates

Beginning May 24, 2025, new rules governing Italian citizenship, especially for those seeking recognition through ancestry, will take effect. The law outlines distinct requirements based on an individual’s current status and timing of application.

Individuals Already Recognised as Citizens

Anyone already granted Italian citizenship—either through a consulate application or court decision—is confirmed as an Italian citizen by birth ("per nascita").

Applicants Who Took Action Before March 28, 2025

If, by 11:59 PM Rome time on March 27, 2025, you had either:

  • Submitted a complete citizenship application to a consulate or municipality,

  • Scheduled a consulate appointment for citizenship,

  • Filed a legal claim for citizenship in Italian courts,

then your case will be evaluated according to the pre-existing rules.

Applicants Who Took No Action by March 28, 2025

Those who did not take any of the steps listed above by the March 27 deadline are now subject to the new, more restrictive criteria. Under the updated law, an adult born abroad and holding foreign citizenship can only be recognised as an Italian citizen if either of the following applies:

  • A parent or grandparent held only Italian citizenship (or held it exclusively at the time of their death),

  • A parent or adoptive parent resided in Italy as an Italian citizen for at least two consecutive years before the applicant’s birth or adoption.

Rules for Children Born Outside of Italy

Children born abroad are no longer automatically considered Italian citizens at birth unless:

  • They have a parent or grandparent who was solely an Italian citizen (including at the time of death), or

  • A parent or adoptive parent lived in Italy for two continuous years as an Italian citizen before the child's birth or adoption.

However, such children may still acquire citizenship ("per acquisto") under these conditions:

  • Their parent is recognised as an Italian citizen by birth, and

  • The birth is registered within one year, or

  • The child resides in Italy for two continuous years while still a minor.

Current JS-recognised citizens (recognised through jure sanguinis) are confirmed as Italian by birth. For minor children of these citizens who have not yet been recognised, there is a grace period through May 31, 2026 (11:59 PM Rome time) to register the birth—regardless of the child’s age—for citizenship acquisition.

Differences in Eligibility: Citizenship From Birth vs Citizenship by Acquisition

Italian citizenship can be acquired in two main ways: from birth or by acquisition. The conditions vary based on where you were born, your parent or grandparent’s citizenship status, and whether certain legal or residency actions were taken.

You are an Italian citizen from birth if:

  1. You were born in Italy to a parent who was already an Italian citizen.

  2. You were born abroad to a parent who was exclusively an Italian citizen (i.e., held no other nationality).

  3. You were born abroad to a grandparent who was exclusively an Italian citizen (and your parent was not Italian).

  4. You were born abroad to an Italian citizen parent (even if dual citizen) who lived in Italy for at least 2 years as an Italian citizen before your birth or adoption.

You may become an Italian citizen by acquisition (not from birth) if:

  1. You were born abroad to a parent who was an Italian citizen from birth, and:

    • Your parent made a formal declaration for you to be recognized as Italian, and

    • You lived in Italy for 2 consecutive years as a minor.

  2. You were born abroad to a parent who was an Italian citizen from birth, and:

    • Your parent declared you as Italian, and

    • Registered your birth within 1 year.

  3. You were born abroad to a current or former Italian citizen parent from birth, but:

    • Your parent did not register your birth within 1 year,

    • You reside in Italy for 2 years as an adult, and

    • You obtain a B1-level language certificate.
      Note: Your minor children may be included.

  4. You were born abroad to a current or former Italian citizen grandparent from birth, and:

    • Your parent didn’t register your birth within 1 year,

    • You reside in Italy for 2 years as an adult, and

    • You obtain a B1-level language certificate.
      Note: Your minor children may also be included.

Eligibility Table:

CATEGORY YOUR FAMILY LINE ELIGIBILITY
1 The person was born in Italy to an Italian citizen parent Citizen from birth
2 The person was born abroad to an exclusively Italian citizen parent (i.e., parent has/had no other citizenship) Citizen from birth
3 The person was born abroad with an exclusively Italian citizen grandparent (i.e., grandparent has/had no other citizenship) Citizen from birth
4 The person was born abroad to a citizen parent (from birth or by acquisition, with or without other citizenship) who resided in Italy as an Italian citizen for at least two years before the birth Citizen from birth
5 The person was born abroad to a citizen parent from birth and the parent made a declaration for the child to be Italian and such person resided for two years in Italy as a minor Citizen by acquisition
(not from birth)
6 The person was born abroad to a citizen parent from birth and the parent made a declaration for the child to be Italian and registered the birth within one year Citizen by acquisition
(not from birth)
7 The person was born abroad to a current or former citizen parent from birth and was not registered by their parent within one year of birth, then resided in Italy for two years as an adult and obtained a language certificate (B1 level or higher) Citizen by acquisition
(not from birth)

Minor children of the applicant may be included
8 The person was born abroad with a current or former citizen grandparent from birth and was not registered by their parent within one year of birth, then resided in Italy for two years as an adult and obtained a language certificate (B1 level or higher) Citizen by acquisition
(not from birth)

Minor children of the applicant may be included
Updated 27 May, 2025

Next Steps and Anticipated Developments

The Italian Ministry of the Interior is expected to release an official directive (circolare) outlining procedural guidelines for the new law’s implementation. However, this guidance may take weeks or months to arrive. Until then, many consulates, embassies, and municipalities may pause or delay processing new citizenship requests under the amended law.

Applications will generally fall into one of three categories based on submission date:

  1. Before March 28, 2025 – Subject to the old rules

  2. March 28 to May 23, 2025 – During the temporary decree period

  3. On or after May 24, 2025 – Subject to the new permanent law

Consulates are expected to continue processing pre-decree applications and may accept and hold applications linked to appointments booked prior to March 28. Procedures may vary by consulate.

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.

  • This new regulation states that in order to claim Italian citizenship, your Italian-born parent or grandparent must have held ONLY Italian citizenship at the time of their death. This effectively voids the “minor issue,” as it only applies to lines with naturalized Italian ancestors.

  • 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.