New Rules on Citizenship by Descent Officially Confirmed

The Decree law no.36 issued on March 28, 2025, concerning new rules on citizenship Jure Sanguinis (by descent) has been converted into law within the due deadline; however, some small amendments have been introduced during the conversion process.
In addition, the Ministero dell’Interno has already issued a Circolare with instructions on how to interpret the law and proceed moving forward.

Very briefly, there are the new rules for claiming Italian citizenship by descent (L.23 maggio 2025 n.74).
Individuals born abroad, even before the enactment of these new rules, who hold another citizenship, will be considered as never having acquired Italian citizenship, unless one of the following conditions applies:
a) Their status as a citizen is recognized following an application submitted to the competent consular office or mayor no later than March 27, 2025. The recognition process can take place after such date and will be subject to the previous rules.

a-bis) Their status as a citizen is recognized following an application submitted to the competent consular office or mayor at an appointment that was notified to the claimant no later than March 27, 2025. The recognition process can take place after March 27, 2025 and will be subject to the previous rules.

Also, if Italian parents have applied before March 27, 2025 to register their minor children birth certificate in AIRE, the registration process can take place after such date and will still be subject to the previous rules.

b) Their status as a citizen is judicially confirmed following a legal claim submitted no later than March 27, 2025.

c) A parent or grandparent holds, or held at the time of death, only Italian citizenship.

d) A parent or adoptive parent resided in Italy for at least two consecutive years after acquiring the Italian citizenship and before the birth or adoption of the child.

Additionally, the foreign minor child of a citizen by birth can acquire Italian citizenship if both their parents declare it and one of the following requirements is met:
1. After the declaration the minor child resides in Italy for two consecutive years
2. The declaration is made within the child’s first year of age.
Parents, who are citizens by birth can make such declaration by May 31, 2026 for their minor children who were older than one year of age when the new rules came into force. If the minor becomes adult during such period, the declaration must be done by the child within that same deadline.

Minor children of individuals who acquire or re-acquire Italian citizenship, will themselves acquire Italian citizenship if they have lived in Italy with their parent for at least two years or since birth if the minor is younger than two years old.

Also, individuals with Italian ancestors from specific countries (to be listed at a later date), will be allowed to move to Italy for subordinate work outside the immigration quota.
Individuals whose parents or grandparents are or were Italian citizens, can acquire Italian citizenship after two years of legal residence in Italy.

Lastly, individuals born in Italy or who have been resident in Italy for at least two consecutive years, who have lost their Italian citizenship before August 15, 1992, can reacquire it by making a declaration between July 1, 2025 and December 31, 2027.

Link to conversion law 23 maggio 2025 n.74 https://www.gazzettaufficiale.it/eli/id/2025/05/23/25G00082/SG

Link to Circolare http://www.libertaciviliimmigrazione.dlci.interno.gov.it/sites/default/files/allegati/circolare_26185_del_28_05_2025.pdf

This article is not exhaustive and is a guidance only.
If you need an assessment to verify if you still qualify to claim Italian citizenship, please do get in touch or email contact@bdbrelocationandlegal.com.

In collaboration with avv. Andrea Balducelli, citizenship specialist.

This article is not exhaustive and is a guidance only.

Barbara De Benedittis Relocation and Legal in Italy