If you are considering applying for Italian citizenship, understanding the legal framework is essential. Whether you are a descendant of Italian ancestors or simply exploring the process, this guide provides an overview of Italian citizenship laws.
Italian Citizenship by Descent
Until early 2025, Italian citizenship was governed only by Law No. 91 of February 5, 1992, along with its implementing regulations. These laws emphasize individual will, lineage, and the right to hold multiple nationalities.
However, 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. With these changes, jus sanguinis recognition—or citizenship by descent—is now limited to only the second generation born outside Italy.
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.
This suggests that, in the near future, applicants may increasingly turn to the judicial route to challenge unconstitutional changes in citizenship law. For further updates and insights, follow our channels to stay informed.
Recognition Procedure:
As of March 28, 2025, one must have an Italian parent or grandparent who was born in Italy to be eligible for Italian citizenship. However, an exception applies if a parent legally resided in Italy for at least two years before their child’s birth or adoption.
Applicants must prove that their Italian relative held citizenship exclusively at the time of death. Required documents include birth and marriage certificates, authenticated with an apostille, and accompanied by official translations. Additionally, if you lost your place in the consular queue due to the dissolution of waiting lists under the new law, it is recommended to retrieve proof of your original appointment at the consulate, as it may support your application.
Maternal lineage transmission is possible only for children born after January 1, 1948 (the date of the Italian Constitution’s enactment). If your Italian ancestor is your mother or grandmother, and she gave birth to the next descendant before 1948, the only available path to citizenship recognition is through the judicial process.
Competent Authorities:
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.
Multiple Nationality:
Since 1992, Italy allows individuals to hold more than one citizenship simultaneously. For personalized guidance, consult the Italian consular services or relevant authorities.
Take advantage of specialized assistance to secure your passport for a borderless future.
Italian Citizenship by Marriage
Italian citizenship can be acquired by foreign or stateless spouses of Italian citizens. The legal framework governing this process includes Articles 5, 6, 7, and 8 of Law 91/92, along with subsequent amendments. Let’s explore the requirements and steps involved:
Residence Requirements:
In Italy: Foreign spouses must have two years of legal residence after marriage or since the date of their Italian spouse’s naturalization.
Abroad: Foreign spouses must have three years of legal residence after marriage or since the date of their Italian spouse’s naturalization.
These terms are halved if the couple has children born of or adopted during the marriage.
Marriage Validity and Persistence:
The marriage must be valid under Italian law and its certificate must be registered with the competent Italian Municipality. The marriage bond must persist until the adoption of the citizenship decree.
Criminal Record and Security Checks:
The foreign spouse must have no convictions for offenses leading to a maximum penalty of three years of imprisonment. Convictions by foreign judicial authorities exceeding one year for non-political offenses must not be registered in Italy. Additionaly, no obstacles related to the security of the Italian Republic should exist.
Italian Language Requirement:
Applicants must demonstrate certified knowledge of the Italian language at a level not lower than B1 of the Common European Framework for Languages. This language requirement applies to applications submitted from December 4, 2018, onward.
Required Documents
Applicants must submit the following documents to the Interior Ministry:
Birth Certificate: From the country of origin (legalized/authenticated with an apostille and translated). Includes personal details, date and place of birth, and information on paternity and maternity. In case obtaining the birth certificate is impossible, a certificate issued by diplomatic-consular authorities can suffice.
Criminal Record Certificate: From the country of origin and any third countries of residence. It must be Legalized/authenticated with an apostille and translated as per current legislation.
Payment Receipt: Proof of payment of the €250 fee.
Identity Document: Photocopy of a valid passport (pages with personal data, photograph, issue, and expiry dates) or identity card.
Italian Language Certification: A certificate demonstrating proficiency at the required B1 level.
Please note that EU Regulation No. 2016/1191 exempts EU citizens from document legalization if issued by their Member State of nationality.
Take advantage of specialized assistance to secure your passport for a borderless future.
Acquisition of Italian Citizenship for Minor Children
As of March 28, 2025, children born abroad who are not automatically Italian citizens may still obtain citizenship if at least one parent is an Italian citizen by birth and specific conditions are met.
These include registering the child’s birth as an Italian citizen within one year, either by a biological or adoptive parent who holds Italian citizenship. Alternatively, minors who have legally and continuously resided in Italy for a minimum of two years before reaching adulthood are also eligible to apply.
Once they reach adulthood, these individuals have the right to renounce their Italian citizenship, provided they also hold another nationality.
Expert Assistance
If you find the information overwhelming and wish for someone to handle your citizenship process, consider relying on io.citizenship! Our team of experts is ready to help make your dream of Italian citizenship come true. Contact us today!
