On March 28, 2025, Italy enacted Decree-Law No. 36/2025, introducing major restrictions on jus sanguinis citizenship. The approval of Law No. 74 of May 23, 2025, solidified the new limitations proposed by Decree–Law No. 36/2025. Historically, Italian citizenship recognition had no generational limits, allowing great-grandchildren and further descendants to apply.
The new law restricts eligibility to individuals whose Italian parent(s) or grandparent(s) were born in Italy. If an individual’s parents—but not grandparents—resided in Italy for at least two consecutive years, they may still qualify for citizenship under the eligibility criteria.
Additionally, the Italian ancestor must have held Italian citizenship exclusively at the time of their death. This means that if your Italian parent or grandparent naturalized as a citizen of another country, you would no longer be eligible for Italian citizenship.
This law is controversial, as it retroactively regulates past nationality claims, contradicting established legal principles that laws should only govern future events. In fact, the Italian Constitutional Court has ruled in past cases that retroactive restrictions must be proportionate and reasonable.
What is naturalization?
This term refers to whether your family member resigned or not to their Italian citizenship in order to become a citizen of the foster country.
Take advantage of specialized assistance to secure your passport for a borderless future.
1948 Rule and how it began
1948 was a meaningful year for Italian History. Prior to this moment, the only ones allowed to pass Italian citizenship through bloodline were men.
The updates on the Italian Constitution in 1948 pursued equality and gave women missing civil rights such as voting and transferring citizenship to their children.
1948 cases of dual citizenship
If your closest Italian relative was a woman (mother or grandmother) who gave birth to the next in line before 1948, the only option to apply for Italian citizenship is to file a motion to appeal to the 1948 Rule in court.For more information, click here.
Take advantage of specialized assistance to secure your passport for a borderless future.
Reacquisition of italian citizenship
Italian citizens who naturalized in another country before August 15, 1992 automatically lost their Italian nationality, often unknowingly due to international laws at the time. However, under Article 13 of Law No. 91/92, those born in Italy who renounced their citizenship before August 16, 1992 now have the opportunity to reacquire Italian citizenship by meeting certain requirements.
This process involves establishing residency in Italy for a specified period—typically two months to one year—and formally submitting an application in person at the local Comune.
Overview of the latest citizenship law
- Generational limitations: Italian citizenship by jus sanguinis is now restricted to children and grandchildren of Italians. Great-grandchildren and further descendants lose the automatic right to recognition.
- Exclusive citizenship requirement: To qualify, the parent, grandparent, or great-grandparent must have held Italian citizenship exclusively, or at least had it at the time of their death.
- Exception for residents in Italy: If a parent—but not a grandparent—legally resided in Italy for at least two consecutive years after acquiring citizenship and before their child’s birth or adoption, they can transmit citizenship.
- Citizenship for minors: Italian parents born outside Italy must declare their intent to pass citizenship to their child within one year of birth or adoption. If this declaration is not made, the minor can still apply for citizenship after residing in Italy for at least two continuous years.
- Transition rule until 2026: A temporary provision allows minors to request citizenship until May 31, 2026, if at least one parent is already an Italian citizen or submitted an application before March 27, 2025.
- Applicability: These changes only affect new applications filed after March 28, 2025. Those who obtained citizenship before this date retain their rights, and legal cases filed before the decree continue under previous regulations.
- Available routes: As of June 2025, the judicial route is the only available option for obtaining Italian citizenship. While all administrative applications will be centralized within a new governmental body in Italy, the specific procedures and operational framework have yet to be determined.
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