New rules for Italian citizenship by descent: The new Decree-Law
On March 28, 2025, the Italian Council of Ministers approved a decree-law and 2 bills to reform the rules on the recognition of Italian citizenship ius sanguinis. This reform introduces limitations on the automatic transmission of citizenship by descent and clarifies the provisions relating to those born before 1948.
New rules for Italian citizenship by descent: entry into force meaning
The citizenship reform will come into effect in two different phases.
A first set of changes came into force today, March 29, 2025, the day after the decree-law was issued.
A second part of the reform, contained in two draft bills, introduces more substantial changes regarding citizenship. However, the legislative process is still ongoing and has not yet been definitively approved.
It is important to note that the new restrictions apply only to individuals who hold another citizenship and are enforced regardless of the date of birth.
The reform does not affect those who have already been declared citizens, for example, by a court, a municipality, or a consulate.
Similarly, consulates and courts must process applications for citizenship recognition that are fully documented and submitted by 11:59 PM (Italian time) on March 27, 2025.
New rules for Italian citizenship by descent: Clarifications for those born before 1948
For many years, the transmission of Italian citizenship through the maternal line to those born before January 1, 1948, has been a subject of legal debate.
The Court of Cassation recognized the right to citizenship for descendants of Italian women married to foreign nationals (who thus acquired the citizenship of the foreign country), born before 1948, thereby overcoming gender discrimination present in previous legislation. However, the lack of clear regulations led to a practice where recognition was primarily obtained through judicial proceedings, requiring applicants to file a petition with the court determined by the birthplace of their ancestor.
The new decree-law aims to simplify administrative procedures to ensure the right to citizenship for descendants in the circumstances mentioned above. It explicitly allows the transmission of citizenship through the maternal line for those born after January 1, 1927—meaning individuals who were still minors (under 21 years old) on January 1, 1948, the date the Republican Constitution came into force—thus clarifying an issue that has been subject to conflicting interpretations.
The time frame for the citizenship recognition process has been set at 48 months.New rules for Italian citizenship by descent: Limitations to Ius Sanguinis
The reform introduces a significant restriction: Italian citizenship by descent will be automatically recognized only up to the second generation. This means that only individuals with at least one parent (or adoptive parent) or grandparent born in Italy will be granted citizenship automatically.
Children of Italian citizens will acquire citizenship automatically if they are born in Italy or if, before their birth, at least one of their citizen parents has resided continuously in Italy for at least two years.
With the proposed bills, the government aims to curb abuses and citizenship requests from descendants who have no genuine connection to Italy and, for example, do not even speak the language.
The first bill, also approved on March 28, 2025, but not yet enacted into law, establishes that individuals seeking citizenship beyond the second generation must demonstrate a cultural and linguistic connection with the country.
But how can one prove emotional and cultural ties to Italy?
First, the birth certificate of descendants of Italian citizens born abroad must be registered before they turn twenty-five; otherwise, they will no longer be able to apply for citizenship based on the presumption of an "absence of effective ties with Italy."
Additionally, actions such as renewing a passport or identity card, voting, updating civil status records, or maintaining minimal contact with the Italian public administration will suffice.
Similarly, the reform introduces the possibility of losing citizenship due to "non-use" (desuetudine) for Italian citizens born abroad, not residing in Italy, and holding another nationality. If, after the new regulations take effect, they fail to maintain effective ties with the Italian Republic for at least 25 years—demonstrated by the failure to exercise their rights or fulfill their duties as Italian citizens—they may lose their citizenship.
Finally, the second bill, which has not yet been approved, proposes the creation of a new centralized office at the Ministry of Foreign Affairs (Farnesina) to handle citizenship applications, replacing consulates. This office is expected to be operational in about a year.
New rules for Italian citizenship by descent: Prospects and Implications of the Reform
With the approval of this reform, the Government has finally found a way to limit access to Italian citizenship to specific and well-defined cases.
On the one hand, the regulation of those born before 1948 represents a step forward, definitively establishing equality between those born before 1948 and those born subsequently to an Italian mother. On the other hand, the restrictions on ius sanguinis could have a significant impact on many people, residing in countries such as Argentina, Brazil and the United States, where many descendants of Italians have so far obtained citizenship through the paternal or maternal line without generational limits.
But that's not all, the Meloni Government has also intervened on the requirement for the spouse of an Italian citizen who wants to apply for citizenship. The former will be able to continue to obtain naturalization and therefore citizenship only if both live in Italy.
The Meloni Government maintains that these measures are necessary to preserve the national identity and ensure that Italian citizenship is granted only to those who have a real connection with the Country.
New rules for Italian citizenship by descent: How can help you?
The law firm Arnone & Sicomo has a team of lawyers specialized in immigration law. We stay constantly updated on reforms concerning Italian citizenship and firmly believe that this reform may present profiles of constitutional illegitimacy.
We strongly believe that the right to citizenship should not be conditional on the existence of an actual connection with Italy.
The content of this article is intended to provide a general guide to the subject matter. Specialist advice should be sought about your specific circumstances.
