Decree-Law No. 36/2025 approved: new rules for Italian citizenship take effect

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Decree-Law No. 36/2025 approved and the new rules for Italian citizenship: Photo of the Italian parlament
Summary

Hello, dear readers! It’s time to share news that, unfortunately, saddens many Italian descendants who have long dreamed of obtaining Italian citizenship.

On May 20, 2025, the Chamber of Deputies approved Decree-Law No. 36/2025, now law No. 74 of May 23, 2025, with 137 votes in favor and 83 against, finalizing the proposal introduced in March by the coalition led by Giorgia Meloni, which was previously passed by the Senate on May 15.

This new legislation modifies the Citizenship Law, which has been in effect since 1992, and previously placed no restrictions on the number of generations that could inherit Italian nationality. With these changes, jus sanguinis recognition—or citizenship by descent—is now limited to only the second generation born outside Italy.

It’s worth noting that the final text remained unchanged in the Chamber. All amendments proposed by the opposition were rejected, mirroring the outcome of the previous day’s review by the Constitutional Affairs Committee.

Key changes

In this critical moment, io.citizen remains committed to transparency, ensuring that everyone closely following the citizenship recognition rules understands the modifications introduced by Decree-Law No. 36/2025.

Here are the main changes:

Generation limit

Italian citizenship by descent (jus sanguinis) can now only be recognized for children and grandchildren of Italians. This means that great-grandchildren and further descendants will lose their automatic right to citizenship recognition.

Exclusive Italian citizenship requirement

For citizenship recognition to be granted, the parent, grandparent, or great-grandparent must have maintained Italian citizenship exclusively or, at the very least, possessed it exclusively at the time of their death.

Exception for residents in Italy

If a parent (not a grandparent) has legally resided in Italy for at least two consecutive years after acquiring Italian citizenship and before the birth or adoption of their child, they will be able to pass down citizenship.

Minor children

For minor children, Italian parents born outside Italy must declare their intent to transmit citizenship within one year of their child’s birth or adoption. If this declaration is not made, the child may still apply for citizenship, provided they live in Italy for at least two consecutive years.

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Transition rule until 2026

The decree also introduces a transition rule for children of Italian citizens who are still minors when the law comes into effect. In such cases, parents can declare their intent for the child to acquire Italian citizenship until May 31, 2026, as long as one of the parents is already an Italian citizen or has submitted a citizenship application by March 27, 2025.

It is important to note that these changes apply only to citizenship requests made after the decree’s announcement on March 28. Those who already obtained citizenship before this date will retain their rights, and individuals who filed a legal request before the decree was issued will continue to follow the previous regulations.

Were there any changes to Italian citizenship by marriage?

No, the deadlines and requirements for Italian citizenship by marriage remain unchanged. As of now, to apply for citizenship through marriage, an individual must:

  • Be married for at least 3 years to an Italian citizen (if there are no children).
     
  • If there are children in common, the period is reduced to 1 year and 6 months.
     
  • For those residing in Italy, proof of at least 2 years of legal residence in the country is required.
     
  • Additionally, Italian language proficiency at level B1, according to the Common European Framework of Reference for Languages (CEFR), is mandatory.

Consulates schedule

Italian consulates worldwide no longer process Italian citizenship applications beyond the second generation. As a result, anyone wishing to apply must now pursue the judicial route in Italy, a path that has already been widely adopted by many families.

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Can the new law be challenged?

Yes. Legal experts have identified potential constitutional issues in the approved text. Here are the main points of contention:

  • Violation of acquired rights: The attempt to apply new rules retroactively to cases initiated before the decree’s publication may be considered illegal.
     
  • Inequality among descendants: The law could create disparities between children of the same Italian citizen, depending on the country where their parents resided at the time of birth.
     
  • Possible judicial resistance: The new legislation may face challenges in Italian courts, including the Supreme Court, which has established jurisprudence in favor of Italian descendants.

What can I do now?

We understand that this moment has brought many doubts and uncertainties for those seeking Italian citizenship. But you’re not alone in this! The io.citizen team is ready to help you understand what has changed, what can still be done, and which next steps are best for your case.

We are closely monitoring every official update, and as soon as there are any new developments, you will receive all the latest information directly in our newsletter. You can also check for updates on our website.

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Begin your journey to Italian citizenship

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