Stricter Rules for Italian Citizenship by Descent - Are You Still Eligible? Act Now to Secure Your Italian Citizenship

Italy has introduced some changes to the citizenship laws. If you are considering applying for Italian citizenship by descent (iure sanguinis), it is important to be aware that the recent changes may affect your eligibility.

On 23 May 2025, significant amendments to Law No. 91 of 5 February 1992 were introduced through Decree-Law No. 36 of 28 March 2025, converted into Law No. 74/2025. These reforms, which have been in effect since March 28, 2025, have changed the rules for individuals born abroad who have a connection to Italy and wish to be recognised as Italian citizens through their Italian ancestry.

Giambrone and Partners are here to help you understand how these changes may apply to your unique situation—and guide you through the updated application process.

Key Changes in the Law

The updated rules now make a distinction between two main groups of applicants:

• Applicants over the age of 18
• Applicants under the age of 18

In both cases, the law now limits eligibility to a maximum of two previous generations and introduces stricter conditions regarding the residency and citizenship status of the Italian parent or grandparent. The new law establishes different criteria depending on whether the forefather you are relying on was Italian by birth or acquired citizenship through other means. It also introduces additional requirements to assess whether your relative had a genuine connection to Italy.

Mirko Prisco, an Associate, commented, “Currently, the changes introduced by the new law are in force. In its recent ruling (Judgment No. 142/2025 of 31 July 2025), The Italian Constitutional Court examined the validity of the previous citizenship law and confirmed its legitimacy. As a result, the former Italian citizenship law continues to apply only to applications submitted before 27 March, 2025. Whether the new law will ultimately be upheld by the Constitutional Court remains to be seen and will depend on a future ruling, once the Court is called upon to review the

matter.” Mirko further commented, “It will be interesting to see how the Italian Constitutional Court might assess the validity of the new law in the future, if called upon to do so—particularly in cases that seem to give rise to a different form of citizenship. This is due to the fact that the transmission of citizenship is now tied to factors that do not conform to the iure sanguinis principle. From a certain standpoint, this could be viewed as incompatible with the principle of equality and, more generally, with the overall coherence of the legislative system.”

Applicants Over the Age of 18

To qualify for citizenship by descent, you must meet the following criteria:

• Parental Residency Requirement
• At least one parent must be an Italian citizen.
• That parent must have lived continuously in Italy for at least two years after acquiring Italian citizenship and before your birth.

It is not necessary for the parent to have lived in Italy before they became an Italian citizen.

• Exclusive Italian Citizenship
• The Italian parent or grandparent must have held only Italian citizenship at the time of the applicant (or parent’s) birth. This must be proven by official documentation, sworn statements or self-declarations are not accepted.
• Dual citizenship is not permitted in this case.

Applicants Under the Age of 18

This category involves some of the most important changes. Children born abroad are no longer automatically recognised as Italian citizens.

To qualify, one of the following must apply:

• The parent was born as an Italian citizen (by descent)
• Must have lived in Italy for at least two years (anytime) before the child’s birth. This parent can hold other citizenship(s).
• The parent became Italian through naturalisation or other means
• Must have lived in Italy for two years after gaining citizenship and before the child’s birth.
• The parent or grandparent held only Italian citizenship at the time of the child’s birth
•  Even without having lived in Italy.
• The parent must also be an Italian citizen at the time of birth, but may hold dual citizenship.
• Beneficio di Legge - For Children Born Abroad
• There is still a route available under the beneficio di legge for children under the age of 18 (as of 24 May 2025), if they meet the following conditions:
• They are descended from an Italian citizen by birth (iure sanguinis),
• Their Italian parent is registered with AIRE (the Register of Italians Residing Abroad)
• The child’s birth is registered within one year and a formal declaration is made by the parent(s).

This option is also open to older minors under 18 (as of the cut-off date), provided they submit their application by 31 May 2026.

What Do These Changes Mean for You?

These reforms have introduced new complexities to what was once a relatively straightforward process. Now, eligibility is based not just on your bloodline, but also on

factors such as:

• Where your Italian ancestor lived
• When they acquired their citizenship
• Whether they held any other nationality at the time of your birth

This new “hybrid” model of citizenship puts a stronger emphasis on a real connection to Italy.

Giambrone and Partners we understand that no two family histories are the same. Whether you are just starting your application the to citizenship, or you’ve already gathered some documents, we can help:

• Assess your eligibility under the new rules
• Review and prepare the necessary documentation
• Assist with AIRE registration and birth registration
• Guide you through consular applications or legal recognition in Italy

Giambrone and Partners can help avoid delays or refusals due to misunderstandings or missing or incorrect documents. Our expert lawyers can help you navigate this new legal landscape with confidence. We can provide personalised guidance aimed at your particular family circumstances.

Mirko Prisco is an associate specialising in family and immigration law. He is currently expanding his expertise in corporate law, as well as intellectual property, employment law, and debt collection in the UK. He is recognised for his attention to detail, efficiency, and ability to manage a wide range of legal matters with professionalism and care. He is particularly experienced in handling complex applications and is known for delivering thorough and timely results across diverse areas of legal practice. He enjoys a high level of success with legal cases. Mirko speaks English, Italian, and Spanish.

Book a consultation with one of our legal experts to review your case and determine the best way forward. With the new rules now in force, it’s more important than ever to act early and correctly.

If you would like more information please contact clientservices@giambronelaw.com or please complete the form here.