Italian citizenship loophole: what are the special circumstances of Italian citizenship?

italian-citizenship-laws-history
The concept of Italian citizenship emerged with the unification of Italy in 1861. Before this, Italy was fragmented into multiple states, each with its own legal traditions and identity. The Law of March 17, 1861, proclaimed the Kingdom of Italy, laying the foundation for a unified national identity. However, formal citizenship laws were still undefined.
Decree-Law No. 36/2025 approved and the new rules for Italian citizenship: Photo of the Italian parlament
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.
From North to South - the best places to live in Italy: Photo of a church near the Dolomites, in the Italian alps
Italy is a country steeped in cultural heritage, boasting stunning landscapes and a deep historical legacy. Divided into regions, provinces, municipalities, and metropolitan cities, each area offers a distinct lifestyle and unique experiences. In this exploration, we’ll uncover the best places to live, considering factors like culture, economy, and quality of life.
Legal arguments for Italian citizenship by descent under decree-law 36/2025: Photo of man walking through a historical building in Italy
Decree-Law 36/2025 has significantly restricted Italian citizenship by descent, allowing recognition only for children and grandchildren of Italians, while excluding great-grandchildren and further descendants. This change has sparked legal and constitutional debates.
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Italy is renowned for its rich regional diversity, which has deeply influenced its national identity throughout history. From distinct dialects and culinary traditions to varied economic models, each region has contributed uniquely to Italy’s character.
decree-law-citizenship-impact
On May 15, 2025, the Italian Senate approved Decree-Law No. 36/2025, a legislative measure that restricts the recognition of Italian citizenship by descent (jus sanguinis). The measure has sparked intense debate, with critics raising concerns about its constitutional validity, retroactive effects, and potential discrimination.
Italian citizenship loophole
Summary

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.

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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.

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Take advantage of specialized assistance to secure your passport for a borderless future.

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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.
     

Do not hesitate to contact our specialist for one on one consultations.

Begin your journey to Italian citizenship

Take advantage of specialized assistance to secure your passport for a borderless future.