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Check with us to see if you qualify for Italian citizenship and how we can assist you with the entire process, also if you have a minor issue.
The Italian citizenship new law 2025 drastically changes eligibility for citizenship by descent. It now limits recognition to just two generations and enforces stricter rules. If you’re planning to apply, this article is for you, together with the Frequently Asked Questions at the bottom of the page.
Minister of Foreign Affairs Antonio Tajani emphasized the need for the new law to prevent misuse of Italian citizenship for travel benefits, reflecting on the value and seriousness of acquiring Italian citizenship.
Our advocacy is clear:
Stand Firm and Advocate for Your Rights. Do not give up and fight for your Italian Citizenship rights.
See Also the below Frequently Asked Questions for useful and helpful reply on specific case scenario.
Now we will explain the legal framework and our legal position.
Disclaimer
The present article is not intended as legal advice and does not constitute a legal explanation for specific cases, as the new rules may be subject to future changes.
The article is designed to provide general information about the Italian citizenship new law 2025. Readers seeking legal advice or assistance with their specific circumstances are encouraged to book a consultation call to address their particular needs and questions.
Italian citizenship is a highly sought-after status, offering a range of benefits and opportunities to those who possess it. The Italian government has established various pathways to obtain citizenship, including Italian citizenship by descent, which allows individuals to claim citizenship based on their Italian ancestry. This pathway, also known as jure sanguinis, is a fundamental principle of Italian law, recognizing the deep connection individuals have to their Italian heritage. To be eligible for Italian citizenship by descent, applicants must have a direct ancestor who was an Italian citizen, and they must meet specific eligibility criteria, including having a direct line of descent from the Italian ancestor and providing thorough documentation to support their claim.
On March 28, 2025, the Italian government adopted Decree Law No. 36, bringing immediate legal effects to citizenship applications. This law aims to address the surge in applications from descendants of Italian emigrants and align with EU requirements by strengthening citizenship ties and preventing a surge in applications. The Italian government approved the Decree Law No. 36/2025 to address the surge in applications and align with EU requirements.
The decree’s adoption marks a significant shift in how Italian citizenship jure sanguinis is transmitted, limiting recognition by descent to a maximum of two generations and introducing stricter eligibility criteria. International cooperation plays a crucial role in facilitating the implementation of the new law and its impact on individuals worldwide.
This section will provide an overview of the decree’s validity period, key changes in citizenship transmission, and immediate legal consequences.
Decree Law No. 36/2025 is valid for 60 days from its issuance, requiring parliamentary conversion by May 27, 2025, to remain effective. If the decree is not confirmed by Parliament within this period, it will cease to be valid.
One of the most significant changes introduced by the new Italian citizenship new law 2025 is the limitation of citizenship recognition by descent to two generations. This means that individuals born abroad who do not have parents or grandparents born in Italy will no longer qualify for automatic recognition. Children of ancestors who naturalized before 1912 also cannot claim Italian citizenship. However, the new law does not retroactively affect previously recognized citizenships, ensuring that individuals will not lose their citizenship under the new rules. A child’s birth can affect eligibility for Italian citizenship by descent, and the child’s birth certificate must be registered with Italian authorities.
Additionally, minors retain the right to claim citizenship regardless of the timing of their ancestor’s naturalization, and historical challenges regarding lineage through female ancestors before 1948 have been resolved in favor of the minors’ claims. These changes reflect a political shift towards requiring a genuine connection to Italy as a condition for citizenship. Critics argue that offering nationality based on ancestors who emigrated centuries ago without any cultural ties is problematic.
The new law’s immediate legal consequences mean that applicants must act promptly to submit their requests before the decree’s deadline on May 27, 2025, to safeguard their rights regarding citizenship. Failure to act quickly could result in losing the opportunity to qualify under the previous rules.
The new citizenship law significantly narrows the eligibility criteria, limiting it to individuals with direct Italian ancestry through parents or grandparents born in Italy. Eligibility for citizenship by descent often relies on having Italian parents or grandparents. This change impacts millions who previously qualified, requiring applicants to demonstrate an unbroken connection to an Italian ancestor. Understanding these new rules and taking the necessary steps to secure your citizenship is critical.
Qualification requires maintaining an unbroken chain of citizenship, where each person in the lineage must have retained their Italian citizenship and passed it to their child. An ancestor who naturalized as a U.S. citizen prior to 1992 lost their Italian citizenship. Consequently, they also forfeited their right to pass it down to descendants. Therefore, it is essential to verify and document your family’s citizenship history accurately. Additionally, maintaining ties to Italy is crucial as a condition for citizenship, ensuring a genuine connection to the country.
The Italian citizenship new law 2025 imposes a two-generation limit on eligibility for Italian citizenship transmission. Applicants can trace citizenship eligibility through two generations, provided the ancestor was alive after 1861. To qualify through a grandparent, the parent must have been an Italian citizen at the time of the child’s birth. Pending applications submitted before the decree’s effective date can still follow the previous eligibility rules. The complexities surrounding the ability to pass Italian citizenship, particularly in relation to the ‘1912 Rule’, add another layer of difficulty. This rule states that individuals whose Italian ancestors naturalized in another country before 1912 are unable to inherit Italian citizenship, although there are exceptions and recent changes in Italian citizenship laws that impact this transmission.
This generational limit means that tens of thousands of individuals tracing their lineage to great grandparents and great grandparent will no longer qualify for citizenship. For instance, if a child wants to qualify through a paternal grandparent born, both the grandfather must have been born in Italy and the father must have held citizenship at the time of the child’s birth. In other countries, proving language proficiency is a requirement for obtaining citizenship, highlighting the importance of language skills.
Under the Italian citizenship new law 2025 , parents must establish a minimum of two years of residency in Italy prior to their child’s birth to pass on citizenship. This requirement ensures that at least one parent has a genuine connection to Italy, aligning with the new regulation’s focus on maintaining cultural and linguistic ties.
Minor children can automatically acquire Italian citizenship if one of their parents is an Italian citizen at the time of their birth. For children born before their parents obtained Italian citizenship, it is necessary to prove the Italian ancestor and meet the eligibility criteria.
Additionally, adopted children can obtain Italian citizenship if the adoption is recognized under Italian law.
The new rules centralize the processing of Italian citizenship applications to the centralized office of the federal government, potentially reducing processing times due to streamlined procedures. The Ministry of Foreign Affairs plays a crucial role in managing these applications and implementing new laws that impact eligibility and procedures. However, individuals cannot apply through the Italian Consulate if they face long wait times or cannot book an appointment.
Pending applications filed within the first 60 days of the law’s enactment may still be evaluated under the previous rules. Applications submitted prior to recent legislative changes will still be processed under the previous legal framework, highlighting the contrast between past and present legal standards affecting citizenship claims.
Collecting the necessary documentation is critical for a complete and successful application for Italian citizenship by descent. Thorough preparation and understanding of documentation requirements can help alleviate potential issues during the application process. Validating citizenship claims requires providing vital records that link applicants to their Italian ancestors.
Applicants often need to gather multiple vital records, such as a birth certificate and marriage certificates for their ancestors. All the documents must undergo certified translation to meet the requirements of the Italian citizenship application process. An Apostille is necessary to certify the authenticity of documents for use abroad and in Italy.
Opting for Certified Translation services ensures that translations meet legal standards required for applications.
The Italian Consulate plays a crucial role in the process of obtaining Italian citizenship by descent. The Consulate is responsible for verifying the eligibility of applicants and ensuring that they meet the necessary requirements. Applicants must submit their applications to the Italian Consulate in their country of residence, along with all the required documents, including birth and marriage certificates, proof of Italian citizenship of ancestors, and other relevant documents. The Consulate will then review the application and conduct an investigation to verify the applicant’s eligibility. If the application is approved, the applicant will be granted Italian citizenship and will be able to obtain an Italian passport. The Italian Consulate also provides guidance and support to applicants throughout the process, helping them to navigate the complex requirements and procedures involved in claiming Italian citizenship.
The legal and political context surrounding Decree Law No. 36/2025 is complex and multifaceted. The new provisions for claiming Italian citizenship by descent were established by the Italian Council of Ministers on March 28, 2025. The decree has raised significant concerns among applicants and legal experts due to its immediate implications for citizenship by descent. Minister of Foreign Affairs Antonio Tajani has commented on the need for reforming the citizenship system to prevent abuse, emphasizing the seriousness and value of Italian citizenship, particularly in terms of travel privileges.
Critics argue that the old citizenship system was unfair as it granted citizenship to those with distant ancestry while denying it to children of immigrants. The Italian citizenship new law 2025 seeks to create a balance between the symbolic and legal significance of Italian ancestry and emphasizes the importance of having a genuine connection to Italy, including cultural or linguistic ties. Other countries’ citizenship laws based on ancestry are implemented with unique requirements and have impacted immigration policies, reflecting changing attitudes and the tightening of citizenship rules.
The changes in the citizenship law are driven by the surge in applications from those claiming citizenship through ancestry. The decree is an emergency measure that lasts for 60 days and requires parliamentary approval to become permanent. The Ministry of Foreign Affairs and International Cooperation plays a crucial role in addressing this surge, impacting millions of individuals worldwide.
This move is expected to lead to a reevaluation of citizenship policies across the EU, focusing on residency instead of ancestry. A significant number of these claims come from South America, where historical Italian emigration during the 19th and 20th centuries has led to a large population of descendants seeking Italian citizenship.
Article 77 of the Italian Constitution allows the government to bypass the democratic process during times of necessity. However, a majority in both chambers, including the italian parliament, is required for the ratification of the decree-law, impacting its long-term acceptance. Legal experts have criticized the decree for its retroactive nature, questioning its constitutionality regarding existing citizenship rights. Professor Enrico Grosso highlighted that retroactive denial of birthright citizenship is unconstitutional, as it strips individuals of their rights without cause.
Minimal modifications to the decree-law are expected, which may limit opportunities for addressing constitutional issues through legislative adjustments. The government can potentially circumvent parliamentary and judicial review, raising concerns about legal oversight.
Amendments to the law could arise from judicial challenges, affecting the viability of current citizenship claims. As the government assesses the implementation of the new law, further changes to legislation could occur, impacting future citizenship claims.
The Constitutional Court may review the law decree, which could result in legal challenges affecting its enforcement. The law may prompt future legislative changes as its implications are assessed over time. The potential legal challenges may impact how effectively the decree is enforced.
We think the Italian citizenship new law 2025 will be also challenged in front of the Constitutional Court.
Amid ongoing debates around sudden changes in citizenship law, those who act swiftly to submit their petitions may gain an advantage from forthcoming legislative and judicial developments. There’s a possibility that Parliament could push back the original deadline or the government might revise the legislation following decisions by the Constitutional Court—which wouldn’t be retroactive. By proceeding with your application now, any positive outcomes will directly affect your case.
Should you feel uncertain about initiating your claim for Italian citizenship, this is an opportune time to weigh up your choices. Standing up for what you’re entitled to at this moment is crucial. Despite potential challenges, including holdups, adverse verdicts, and financial commitments involved, historical precedent suggests legal struggles can lead to significant reforms. If it weren’t for prior generations’ ‘ ‘1948 cases’, numerous individuals would not have had access to citizenship rights. These pursuits were instrumental in achieving justice as they culminated in multiple appearances before the Court of Cassation until a landmark decision emerged in 2009 granting women equal footing in passing on their citizenship status.
The new rules, at the current moment, might not cover those scenarios, so you might still have a case through the Courts.
Of course, there are risks of negative outcomes, of rejections, and so a potential need to appeal the denials, and we understand the financial commitment of going through new challenges without prior legal precedents.
Risks are part of every judicial process, as nobody can guarantee you a result.
But that’s the only way to fight for the rights of Italian Citizenship by descent.
Our firm stands resolute against these abrupt revisions made within Italian nationality regulations—questioning its alignment with constitutional principles—and asserts that anyone born before such constitutionally sanctioned amendments should remain eligible under Italian citizenship jure sanguinis. This principle holds true regardless of when one opts to pursue a jus sanguinis Citizenship Application—presently or at some point down the line—is integral to both immediate action plans and our overarching approach moving forward.
Check with us to see if you qualify for Italian citizenship and how we can assist you with the entire process, also if you have a minor issue.
Given the new eligibility criteria and the immediate legal effects of Decree Law No. 36/2025, potential applicants should assess their eligibility early to avoid missing the transition period for the new law. The Italian citizenship new law 2025 could lead to a decrease in the number of future applications for Italian citizenship. Thus, acting quickly and strategically is crucial to ensure your application is processed under the most favorable conditions. Additionally, Italian citizenship offers significant benefits, including visa-free travel to numerous countries globally.
The new law aims to streamline citizenship applications, which may lead to a decrease in the volume of claims as some applicants might find the process more daunting. If rejected, applicants may face a lengthy appeal process without guaranteed success. It is also important to maintain Italian citizenship through actions such as paying taxes, voting, or renewing passports to avoid the risk of losing it.
The decree law No. 36/2025 has a 60-day validity period and requires parliamentary conversion by May 27, 2025. Given the imminent deadline, applicants must act quickly to submit their Italian citizenship applications.
What if you need to file your Application after May 27th?
We will cover this case too, see next.
The new law affects pending applications by necessitating compliance with updated requirements before the conversion deadline, in accordance with the new regulation.
Including children in the citizenship application ensures they inherit benefits from favorable outcomes. When applying for citizenship, minor children can inherit citizenship automatically at no extra cost, ensuring they are directly involved should the decision be overturned.
This approach secures their rights, especially if the law’s provisions apply change.
So, include your minor children now.
If consulate appointments are unavailable, applicants can apply for citizenship through the italian courts. Judicial applications are becoming a common method for those unable to secure consulate appointments due to increased wait times and high demand.
Those unable to secure timely consulate appointments can apply through the italian consulates in rome time or local Regional Immigration Court. If applicants experience a wait time of more than two years for their appointment, they have the option to sue the consulate.
We know some Italian Consulates (like the US) already suspended appointments – this decision was arbitrary and not following any legal provision.
So, keep this in mind too as another legal factor for filing your Court application.
The new provisions from Decree Law No. 36/2025 apply immediately to all applications submitted after March 28, 2025. Applications submitted under the previous rules must be processed by March 27, 2025, marking the deadline for assessment. This means that pending applications may need to adapt to the stricter requirements now in place.
Major reforms were announced by Minister Tajani during a press conference, outlining significant changes to the application process.
Due to increased demand for citizenship, many applicants now pursue their claims through the Italian Court due to processing delays. The new law may reduce the number of future citizenship claims and discourage opportunistic applications. The changes in the application process affect both administrative and judicial procedures for citizenship.
Pending applications that were submitted before the new law’s enactment may need to adapt to the stricter requirements now in place. If additional young minor children need to be included, applicants can apply to add them to existing cases as separate petitioners, which may be merged with their current applications.
Applicants whose citizenship requests are denied under the new law can explore legal options, including appealing the decision in court. If a case is rejected, it is possible to appeal the decision twice: first in the Court of Appeal and then in the Court of Cassation.
Understanding the appeal process is crucial, as it presents opportunities for reconsideration. However, success is not guaranteed.
A final ruling on the retroactive limitations on citizenship rights is expected in late 2026. If Decree Law No. 36 is overturned, it will not be possible to re-file cases that were previously rejected and not appealed. However, strategic timing may allow for filings under more favorable conditions in the future.
Check with us to see if you qualify for Italian citizenship and how we can assist you with the entire process, also if you have a minor issue.
Italian citizenship by descent offers numerous benefits, including the right to live, work, and study in Italy and other EU nations without needing a visa. Italian citizens can also purchase property in Italy more easily and enjoy access to healthcare, social services, voting rights, and a cultural connection to their heritage. Additionally, Italian citizenship provides the advantage of visa-on-arrival travel to numerous countries, making it a highly desirable status. However, the process of obtaining citizenship can be challenging, requiring thorough documentation and proof of lineage.
The Italian government approved the new law to balance the symbolic and legal value of Italian ancestry with a real connection to Italy. Applicants must be prepared to navigate the complexities of the application process and meet the new eligibility criteria to claim their citizenship.
Italian citizenship provides numerous benefits, including EU mobility, work opportunities, tuition benefits, healthcare access, social services, voting rights, and cultural connection. Obtaining Italian citizenship by descent does not require renunciation of current citizenship. Italian law permits dual citizenship, allowing individuals to hold multiple citizenships simultaneously.
These advantages make Italian citizenship highly desirable for those with Italian ancestry. The ability to live and work anywhere in the EU, access to quality healthcare, and the opportunity to reconnect with one’s cultural roots are compelling reasons to pursue citizenship by descent.
Applicants must prove that each ancestor maintained their Italian citizenship. Continuous lineage without interruption of citizenship is essential for obtaining Italian citizenship by descent. For the chain of citizenship to remain uninterrupted, no ancestor must have formally renounced their Italian citizenship. If an ancestor naturalizes in another country before the birth of the descendant, it breaks the chain of citizenship.
Having a clear family history tree is crucial for locating Italian ancestry traces and understanding ancestral ties for the application of jure sanguinis. Prior to January 1, 1948, only the male line could pass citizenship to children, posing additional challenges for those of Italian descent.
Applying under the 1948 case may lead to potential difficulties due to consulate appointment backlog or complex regulations. Success is not guaranteed, and cases for Italian citizenship are frequently fought in court.
To overcome obstacles in the application process for Italian citizenship, consider the following steps: 1. Prepare thoroughly and seek legal advice, as this can be immensely helpful.
2. Timing your application is crucial; applicants should submit applications as soon as possible to obtain citizenship.
3. Be aware of impending deadlines and potential implementation of new laws.
By following these steps, you can navigate the application process more effectively.
Including minor children in citizenship applications is advantageous as it ensures they benefit from faster processing and avoids issues with generational limits. If consulate appointments are suspended, applicants can consider alternative routes such as judicial applications to ensure their citizenship claims are pursued effectively.
Navigating the new citizenship laws can be complex. Here are answers to some frequently asked questions to help you understand what steps to take next.
Decree Law No. 36/2025 introduces significant changes to Italian citizenship by descent, limiting eligibility to two generations and imposing new residency requirements for parents. These changes reflect a shift towards ensuring a genuine connection to Italy and addressing the surge in applications from descendants of Italian emigrants. Applicants must act promptly to submit their requests before the decree’s deadline and ensure they meet the new eligibility criteria.
Understanding the benefits and challenges of Italian citizenship by descent is crucial for navigating the application process. Thorough preparation, timely application, and seeking legal advice can help overcome obstacles and secure your citizenship. The new law presents both opportunities and challenges, but with the right approach, applicants can successfully claim their Italian heritage and enjoy the many benefits of citizenship.
Decree-Law 36 was issued on March 28, 2025, and is valid for 60 days, after which it must be converted into law by the parliament to remain effective.
Yes, a child can obtain Italian citizenship through a grandparent born in Italy, provided that the parents have not passed it down without having resided in Italy for at least two consecutive years before the child’s birth.
To pass citizenship to minor children, a parent must have resided in Italy for two consecutive years before the children’s birth or must have been born in Italy. This residency requirement is essential for citizenship transmission.
Yes, Decree-Law 36/2025 can be overturned through various methods, including amendments during its legislative process, judicial review by the Constitutional Court, or subsequent legislative changes.
If a case is rejected, you can appeal the decision first to the Court of Appeal and subsequently to the Court of Cassation. These options ensure there is a pathway for pursuing justice.
Current Status: The transmission of Italian citizenship is now confined to two generations for those who have not applied or filed a case by March 27, 2025. Eligibility is restricted to individuals with an Italian parent or grandparent born in Italy.
Our Position: We assert that anyone born to an Italian parent (ius sanguinis) before March 28, 2025, is inherently an Italian citizen. We are prepared to represent such cases in court to uphold these rights.
Also, we think there are some constitutional concerns and violations, as we highlighted here too.
Current Situation: The Decree-Law 36/2025 was enacted on March 28, 2025, and its provisions have been in effect since that date. It remains valid for 60 days, during which time it must be ratified by the parliament to continue being effective. If not ratified, the law will become invalid, even retroactively.
Therefore, filing a case in court within 60 days of the publication of DL-36 will not allow your case to be considered under the previous rules, unless the conversion of DL-36 alters the filing deadline, which is currently set for March 27, 2025.
Our Position: We assert that anyone born to an Italian parent (ius sanguinis) before March 28, 2025, is inherently an Italian citizen, and we are prepared to represent such cases in court to uphold these rights.
Also, we think there are some constitutional concerns and violations, as we highlighted here too.
Current Legal Framework: Your mother or father can indeed receive citizenship from your great-grandmother or great-grandfather. However, to pass this citizenship on to you, they must have lived in Italy for two consecutive years before your birth.
Our Advocacy: As you were born to an Italian parent (ius sanguinis) before March 28, 2025, you are inherently an Italian citizen. We are prepared to take this matter to court to defend your Italian citizenship rights.
Also, we think there are some constitutional concerns and violations, as we highlighted here too.
Current Law: You can only pass citizenship to your minor children if you have lived in Italy for two consecutive years before their birth or if you were born in Italy.
Our Advocacy: We assert that anyone born to an Italian parent (ius sanguinis) before March 28, 2025, is already an Italian citizen. However, we recommend waiting to see how the new citizenship laws develop regarding the transmission of citizenship to minor children (third-generation). If the new citizenship laws do not become more favorable for minor children in the next couple of years, we are prepared to take such cases to court. For children born on or after March 28, 2025 (or if the filing deadline changes with the conversion of Decree-Law 36/2025), they would need to reside in Italy for three years to acquire Italian citizenship through naturalization.
Also, we think there are some constitutional concerns and violations, as we highlighted here too.
If your case is rejected, you have the opportunity to appeal the decision twice: initially in the Court of Appeal, and subsequently in the Court of Cassation. So two ways of appeals are allowed.
Re-filing a previously rejected case without an appeal is not permitted. Given the typical timeline of judicial proceedings, it is anticipated that the essential aspects of Decree-Law 36/2025 will be solidified by the time a case filed after March 27, 2025, is reviewed. However, we can strategically time the case if we foresee more favorable conditions in the future.
We recommend including minor children in your case filing. This ensures that if the decision is overturned, they will be directly involved and benefit from the outcome.
You can apply for your young minor children now. Adding a new petitioner is considered a separate case, which the judge would typically merge with the existing one. However, the judge’s decision to merge is not guaranteed, as constitutional questions raised by Decree-Law 36/2025 might affect the second petition differently.
If consulates are unable to provide appointments or suspend scheduled ones, applicants can pursue the judicial route. Decree-Law 36/2025 does not explicitly authorize consulates to suspend pre-scheduled appointments. A separate bill proposes shifting jurisdiction from consulates to a central office of the Ministry of Foreign Affairs and International Cooperation (MAECI), but this bill is still pending debate and approval, with no set timeline. Until then, consulates must continue operating under the existing provisions.
Stand Firm and Advocate for Your Rights. Do not give up and fight for your Italian Citizenship rights.
Check with us to see if you qualify for Italian citizenship and how we can assist you with the entire process, also if you have a minor issue.
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