I had written a whole Free Guide about how to get Italian citizenship through your right of blood (aka jus sanguinis), but it wouldn't be complete without the major changes that were implemented last May 23rd, 2025. Therefore, here is a summary.
Please note: I'm not a lawyer and this is not legal advice. Before applying you should contact a lawyer to understand a) if you're eligible b) what's the best strategy to file your case.
Italian citizenship by descent applications face dramatic changes under Law 74/2025, leaving thousands of applicants uncertain about their future status. Previously, obtaining Italian dual citizenship through jure sanguinis (right of blood) was relatively straightforward for descendants of Italian emigrants. However, the Tajani decree and subsequent Law 74/2025 have significantly altered eligibility requirements. Consequently, many applicants must now demonstrate a genuine connection to Italy and navigate new restrictions regarding ancestral citizenship status. These changes affect different applicants differently based on when they filed their applications. For those already in the process, understanding these new regulations is crucial for successfully claiming your Italian heritage rights. Furthermore, special provisions exist for certain cases including minor children and those with female ancestors (1948 cases). This guide breaks down exactly what you need to know about the new citizenship requirements, important deadlines, and potential legal strategies if your application faces challenges under the reformed system.
Understanding the New Law 74/2025
On March 28, 2025, Italian citizenship law underwent a historic transformation with the introduction of Decree-Law No. 36, later converted into Law 74/2025 on May 23, 2025. This reform marked the first time Italy imposed generational limits on jure sanguinis citizenship claims, fundamentally altering a system that had previously allowed unlimited generational transmission.
What changed from the previous law Law 74/2025 introduced several groundbreaking restrictions to Italian citizenship by descent:
Generational limit: Citizenship claims are now restricted to those with a parent or grandparent who is or was an Italian citizen, ending the previous unlimited generational transmission.
Exclusive citizenship requirement: The ancestor must have held "exclusively Italian citizenship" at the time of the descendant's birth, a stricter standard than the original decree's requirement of Italian birth.
Two-year residency rule: If citizenship comes through a parent who acquired Italian citizenship (rather than being born with it), that parent must have resided in Italy for at least two consecutive years before the applicant's birth.
Minor children provisions: Children of Italian citizens no longer automatically receive citizenship unless they legally reside in Italy or meet specific declaration requirements.
These changes represent a dramatic departure from the previous system, which allowed anyone with an Italian ancestor alive after March 17, 1861, to claim citizenship regardless of generational distance or cultural connection to Italy.
Why the reform was introduced According to official explanations, the Italian government implemented these changes primarily due to:
Administrative pressure: A rapidly growing number of citizenship applications threatened to overwhelm consulates, municipalities, and judicial offices.
Lack of genuine connections: Many applicants had little or no concrete connection to Italy, using citizenship merely as a pathway to European Union benefits.
Legal inconsistencies: The government aimed to address procedural disparities arising from differences in interpretation between courts and administrative authorities.
Preventing application surges: Officials feared a "race to the counters" or "Black Friday of citizenship" that could paralyze the public administration system if changes were introduced through normal legislative channels.
Foreign Affairs Minister Antonio Tajani emphasized this perspective at a March 28 press conference, stating: "Being an Italian citizen is a serious matter. It's not a game to get a passport that allows you to go shopping in Miami."
Key dates and legal milestones The reform unfolded through several critical dates:
March 27, 2025: Final day for applications under the previous legal regime. Applications submitted by 11:59 PM Rome time on this date are processed under old rules.
March 28, 2025: Decree-Law No. 36 introduced and immediately took effect, despite not yet being published in the official gazette.
May 23, 2025: Parliament converted the decree into Law 74/2025 with modifications, which took effect on May 24.
May 28, 2025: Ministry of Interior issued Circular 26185 providing operational instructions for municipal civil registry offices.
May 31, 2026: Deadline for parents who qualified under the March 27 cutoff to register their minor children under certain conditions.
Essentially, the reform creates three distinct legal periods: applications before March 28, 2025 (old rules apply); applications between March 28 and May 23, 2025 (initial decree rules); and applications after May 23, 2025 (final Law 74/2025 rules).
Eligibility Based on Application Date
The timing of your Italian citizenship by descent application now determines which legal requirements apply to your case. Understanding these cutoff dates is critical for determining your eligibility and preparing the proper documentation.
Filed before March 28, 2025 Applications submitted before the decree took effect continue to be evaluated under the previous, more generous legal framework. Specifically, Italian citizenship applications documented and submitted by 11:59 p.m. (Rome time) on March 27, 2025, will be processed under the previous law [1]. This grandfather provision applies to:
Administrative applications submitted to Italian consulates or municipalities
Judicial applications filed through Italian courts (including 1948 cases)
Additionally, applications filed after March 27 based on consulate or municipal appointments that were established (booked and confirmed) by March 27 also qualify for processing under previous rules [2]. This exception applies only if all necessary supporting documentation is submitted simultaneously with the application. Notably, many consulates require appointments to be confirmed 3-10 days before the scheduled date [3]. For applicants with minor children, these dates are particularly important as they determine which registration rules apply to their descendants.
Filed between March 28 and May 23, 2025 This transitional period represents the time between the emergency decree's implementation and its conversion into formal law. The initial Decree-Law No. 36 took effect immediately on March 28, 2025, though it had not yet been published in the Official Gazette [4]. During this period, applicants faced uncertainty as the decree operated on a provisional basis with a 60-day validity period [5]. Applications submitted during this window were subject to the decree's initial restrictions, though some provisions were later modified during parliamentary discussions. Importantly, the Italian government appeared to expedite this process to implement changes before a scheduled Constitutional Court hearing, possibly by May 28, 2025 [6]. This urgency suggests concern about potential legal challenges to the new restrictions.
Filed after May 23, 2025 On May 23, 2025, the Official Gazette published the text formalizing the conversion of Decree-Law No. 36 into ordinary law—Law No. 74 [7]. This legislation, effective May 24, 2025, cemented the reforms and introduced some modifications to the original decree. For applications filed after this date, several significant changes apply:
Italian consulates no longer process citizenship applications; instead, applications must be submitted through the Italian government's online system [8]
In-person interviews became mandatory, requiring applicants to travel to Italy [8]
Application fees increased substantially to €600 for consular applications (previously €300) [9]
Language requirements of B1-level Italian became mandatory for certain applicants [9]
Citizenship transmission became restricted to two generations with specific conditions [6]
Furthermore, those who obtained Italian citizenship could potentially lose it if they "don't engage" by paying taxes, voting, or renewing passports [8]. The only recourse for those negatively affected by these changes is to challenge them through the Italian court system. Overall, while approximately 60,000 pending applications remain protected under previous rules [8], new applicants must navigate a significantly more restrictive system designed to ensure applicants maintain a genuine connection to Italy.
New Requirements for Citizenship by Descent Law 74/2025 introduces fundamental changes to the requirements for claiming Italian citizenship by descent. These new criteria establish stricter standards, primarily focusing on closer generational ties and demonstrable connections to Italy.
Exclusive Italian citizenship of ancestor Under the reformed system, eligibility now requires that your ancestor held exclusively Italian citizenship at the relevant time. This marks a significant shift from previous rules. For applications filed after March 27, 2025, you must have a parent or grandparent who is (or was at the time of death) an Italian citizen only, without holding any other citizenship [4]. Moreover, this restriction aligns with historical provisions under Law 555/1912, which established that Italian citizenship was exclusive until August 15, 1992. Subsequently, anyone who acquired foreign citizenship before this date automatically lost their Italian citizenship [10]. The exclusive citizenship requirement creates particular challenges for descendants of naturalized ancestors. If your Italian-born ancestor voluntarily acquired foreign citizenship while their child was still a minor, that child lost Italian citizenship automatically [11]. This would interrupt the chain of citizenship transmission, making descendants ineligible through regular administrative channels. Two-year residence rule for parentsFor those claiming citizenship through a parent born outside Italy, additional restrictions now apply. Your parent must have lived in Italy for at least two consecutive years after becoming an Italian citizen and before your birth [2]. This residency requirement ensures that the parent maintained meaningful ties with Italy before passing citizenship to the next generation. Similarly, for adopted children, the same two-year residency rule applies to adoptive parents who are Italian citizens [2]. This provision extends the genuine connection principle to non-biological relationships.
Proof of genuine connection to Italy The centerpiece of Law 74/2025 is the requirement for a "vincolo genuino" (genuine link) between applicants and Italy. Foreign Minister Tajani emphasized this principle, stating: "The granting of citizenship cannot be automatic for those who have an ancestor who emigrated centuries ago, without any cultural or linguistic ties to the country" [2]. As a result, the generational limit has been drastically restricted. Whereas previously anyone could claim citizenship through an ancestor alive after March 17, 1861, now only those with parents or grandparents who were Italian citizens qualify [12]. This effectively eliminates eligibility for:
Great-grandchildren of Italian emigrants
More distant descendants with no recent connection to Italy
Those whose only tie is genealogical research
For minor children of Italian citizens born outside Italy, citizenship is no longer automatic. These children must now reside in Italy for at least two years, following a declaration of intent by their parents [2]. These stringent requirements reflect Italy's intention to ensure that citizenship is granted only to those with genuine, recent, and meaningful connections to the country, rather than distant descendants seeking primarily to gain European Union benefits. Special Cases and ExceptionsLaw 74/2025 contains several critical provisions for applicants who fall outside standard eligibility pathways. These special cases provide important alternatives for certain individuals seeking Italian citizenship by descent under the new legislation.
Minor children provisions Several exceptions exist for minor children under the reformed citizenship framework. Children of parents who acquire or reacquire Italian citizenship no longer automatically become Italian citizens unless they legally reside in Italy and live with their parents at the time of the parent's citizenship acquisition [13]. For children born abroad whose parents cannot automatically transmit Italian citizenship, a special pathway exists: parents must pay a €250 fee and submit a declaration of intent for the child to acquire citizenship, plus either show the child has lived in Italy for at least two consecutive years or submit the declaration within one year of birth [14]. Importantly, a special window until May 31, 2026 allows parents who qualified under the March 27 deadline to register their minor children under specific conditions [15]. Minor children who obtain Italian citizenship retain the right to renounce it once they turn 18, provided they hold another nationality [13].
Reacquisition for those who lost citizenship Individuals who lost Italian citizenship before August 15, 1992 (typically through naturalization in another country) have a special reacquisition window. Those born in Italy or who lived there for at least two consecutive years can submit a declaration for reacquisition between July 1, 2025, and December 31, 2027[14]. This process requires establishing legal residence in Italy, though consulates cannot directly process reacquisition claims [16]. For those who became citizens of another country as minors, additional documentation is needed, including parents' birth certificates, marriage certificates, and naturalization certificates [17]. Women who lost citizenship through marriage to foreigners before January 1, 1948, can reacquire it even while living abroad by submitting a declaration [17].
1948 cases and female lineage The "1948 rule" remains a significant exception in Italian citizenship law. Before January 1, 1948, Italian women could not transmit citizenship to their children – only men could pass citizenship to descendants [18]. Nevertheless, since 2009, courts have increasingly ruled against this discrimination, allowing descendants of Italian women born before 1948 to claim citizenship through judicial proceedings [18]. As of June 2022, jurisdiction for these cases shifted from Rome to local courts based on the ancestor's birthplace [19]. Despite Law 74/2025, these court challenges remain viable, especially since the Constitutional Court has previously acknowledged the discriminatory nature of restricting female transmission of citizenship [20].
Legal Strategy and Court Challenges The Constitutional Court of Italy stands at the center of ongoing challenges to Law 74/2025, with several legal pathways available for those affected by the citizenship reforms.
Role of the Constitutional Court The Constitutional Court holds the authority to review whether legislative acts conform to constitutional principles. Currently, a pivotal hearing set for June 24, 2025, will address fundamental questions about the jure sanguinis citizenship principle [21]. This case originated from the Bologna Tribunal, which questioned the constitutionality of unlimited generational citizenship claims [22]. Indeed, the Court must determine whether the current bloodline-based citizenship system aligns with Italy's constitutional framework in today's legal landscape [21]. Importantly, the Italian government has chosen not to defend the current law in these proceedings [21], potentially signaling openness to judicial reform.
Suspension vs. rejection of cases Understanding which court handles your case is crucial. The Ordinary Civil Court handles citizenship status claims as "subjective rights" without strict time limitations [23]. Alternatively, the Regional Administrative Court (TAR) addresses procedural violations with a 60-day filing deadline [23]. For jure sanguinis applications rejected after March 27, 2025, applicants may choose between challenging the rejection itself or asserting their pre-existing right to citizenship [6]. Even though many cases face delays, judicial backlogs mean significant legal challenges may not emerge until early 2026 [6].
How to prepare your case for court
For those pursuing court challenges, proper preparation is essential:
Gather complete documentation tracing your lineage to your Italian ancestor
Secure qualified legal representation familiar with Italian citizenship law
Determine the appropriate court based on your specific situation
Consider filing promptly, as those acting during early stages of the decree-law may be better positioned [6]
Organizations like the National Italian American Foundation have actively advocated for affected applicants [6]. Hence, applicants must weigh potential risks—including delays, unfavorable rulings, and financial costs—against the possibility of preserving their citizenship rights through judicial intervention.
Conclusion The landscape of Italian citizenship by descent has fundamentally changed with Law 74/2025. Consequently, many descendants of Italian emigrants must now navigate a significantly more restrictive system than existed previously. This shift represents Italy's clear intention to ensure citizenship grants reflect genuine cultural connections rather than distant genealogical ties. First and foremost, your application date now determines which legal framework applies to your case. Applications submitted before March 28, 2025, remain protected under the previous system, whereas later applications face stricter requirements. Additionally, the new generational limit restricts eligibility to those with Italian parents or grandparents, effectively eliminating citizenship opportunities for more distant descendants. The law also established the requirement for exclusive Italian citizenship of ancestors and implemented a two-year residency rule for parents transmitting citizenship. Though these changes create barriers for many applicants, special provisions exist for certain groups. Minor children, those seeking reacquisition of lost citizenship, and descendants through female lineage (1948 cases) still have potential pathways to Italian citizenship. Legal challenges through the Constitutional Court may eventually reshape aspects of Law 74/2025. Nevertheless, these proceedings face significant delays and uncertain outcomes. Therefore, applicants should carefully evaluate their specific circumstances and consider seeking qualified legal guidance. The road to Italian citizenship certainly involves more hurdles than before. Undoubtedly, the coming years will reveal how courts interpret these new provisions and whether future reforms might modify the current restrictions. Meanwhile, prospective applicants must thoroughly understand these changes and prepare accordingly if they hope to claim their Italian heritage rights under this transformed legal framework.