A Journey to Your Roots: Italian citizenship by descent (jus sanguinis) is your direct link to your Italian ancestry. But this journey isn’t just about proving family ties; there are several legal and documentary requirements that need to be met. Let’s delve into what’s really necessary to embark on this journey.
Legal background
Law No. 555 of 1912
Law No. 555, enacted on June 13, 1912, introduced the principle of jus sanguinis (right of blood) for Italian citizenship. This law allowed Italian citizenship to be passed down through the paternal line, regardless of the place of birth.
However, it also included a provision that if an Italian father naturalized in another country before the birth of his child, the child would not automatically inherit Italian citizenship. This law was significant because it aimed to maintain the connection between Italian emigrants and their homeland.
Law No. 91 of 1992
Law No. 91, enacted on February 5, 1992, and effective from August 16, 1992, modernized the Italian nationality law. This law allowed for dual citizenship, meaning that Italians could hold citizenship in Italy and another country simultaneously.
It also clarified that the acquisition of a foreign nationality does not lead to the loss of Italian citizenship unless the individual formally renounces it. This change was crucial for many descendants of Italian emigrants, as it made it easier to claim Italian citizenship without losing their current nationality.
Circular letter No. K.28.1 of 1991
The procedures for recognizing Italian citizenship by descent were formalized in the Interior Ministry’s Circular Letter No. K.28.1, issued on April 8, 1991. This letter outlined the specific steps and documentation required to apply for Italian citizenship through descent.
It remains legally valid even after the enactment of Law No. 91/1992 and provides detailed guidance on the application process, including the necessary documents and the submission process.
The Tajani Decree
On March 28, 2025, the Italian government enacted Decree-Law 36/2025, which introduced major changes to Italian citizenship jus sanguinis. Under the new decree, individuals are eligible if they have one Italian parent or grandparent born in Italy.
If a parent–not grandparent– lived continuously in Italy for 2 years, one may also be eligible. It is also mandatory that their Italian ancestry held exclusive Italian citizenship at the time of their death.
Decree-Law 26/2025 was later converted into Law 74 of May 23, 2025.
Take advantage of specialized assistance to secure your passport for a borderless future.
Who is eligible?
One of the most common ways to acquire Italian citizenship is by descent, known as jus sanguinis. Eligibility criteria is defined by Law 74/2025, as described previously.
Nevertheless, as of July 2025, the judicial route has become the sole pathway to obtaining Italian citizenship. While a newly formed governmental body in Italy is set to oversee all administrative applications, its operational framework and procedures remain undefined. As a consequence, all existing consular application queues have been dissolved.
Additionally, if your mother or maternal grandmother gave birth to the next descendant in line prior to 1948, you are required to pursue citizenship through the courts—regardless of whether the new administrative system becomes fully operational.
Necessary documentation
- Birth and marriage certificates: The first step is gathering birth and marriage certificates for all direct descendants, from the Italian ancestor down to you. These documents must be translated into Italian and, in some cases, authenticated with an apostille, which is a form of international certification.
- Naturalization or the absence thereof: Another crucial piece of documentation is proof that the Italian ancestor did not naturalize as a citizen of another country before the birth of their direct descendant. If they did naturalize, this could interrupt the right to citizenship.
This is one of the trickier parts of the process, as it often requires digging into historical records.
Timelines and processes
As of 2025, with the enactment of Law No. 74/2025, it is difficult to determine a clear timeframe for the Italian citizenship application process. Prior to the enactment of Decree-Law No. 36/2025, court-based applications for Italian citizenship typically took around two years to be processed.
However, with the recent legal changes and transitional uncertainties, timelines may vary considerably.
Take advantage of specialized assistance to secure your passport for a borderless future.
Special cases and peculiarities
An important special case to highlight is of Italian ancestors who emigrated before the unification of Italy in 1861 or were soldiers, the necessary documents may be different. These cases often require detailed research in historical archives, adding another layer of complexity to the process.
However, it is important to highlight that Italian citizenship by descent (jus sanguinis) requires that the oldest Italian ancestor must have been alive on or after March 17, 1861, when Italy was unified. Therefore, an ancestor who died after March 17, 1861 could not pass on Italian citizenship to the next in line.
Prepare for the Journey of Requirements
The process of obtaining citizenship by descent can feel like a marathon of documentation, but with the right preparation, you can navigate it more easily. Consulting a specialist to ensure all requirements are met is a good practice. The earlier you start, the easier it will be to resolve any issues that come up.
Take the first step in exploring your rights and start organizing the required documents. The sooner you begin, the smoother the process will be. Dive into your family history and uncover the treasures of your heritage.
Start now and make the journey toward Italian citizenship an exciting and fulfilling adventure.
