New Italian Citizenship Law: Stricter Rules on Jure Sanguinis and the Introduction of an Effective Ties Requirement.

The Italian Government has recently introduced a major reform to the citizenship by descent (jure sanguinis) process. Through a newly enacted decree-law and two draft bills, stricter criteria have been established to limit the automatic transmission of Italian citizenship, focusing on the concept of “effective ties” with Italy.

Our law firm, Fiorino & Associates, has closely followed this matter, previously providing expert commentary on the October 2024 Ministerial Circular (Circolare Ministeriale) followed up by a comment through the Australian Newspaper, La Fiamma, and now with this last article regarding the Decreto Legge 25 March 2025, n. 36  as approved by the Italian Government. Accordingly, below we summarize the key changes and their implications for applicants.

Key Changes Introduced by the New Decree-Law

• Limitation on Automatic Citizenship by Descent – Immediately Effective
• • Italian citizenship will now be automatically granted only up to the second generation, meaning only those with at least one parent or grandparent born in Italy will be eligible.
  • For children born abroad to Italian citizens, automatic citizenship will apply only if one of their parents had resided in Italy for at least two continuous years before their birth.
  • The new rules apply retroactively, impacting individuals regardless of their birthdate. However, those who have already been recognized as Italian citizens will retain their status.

The above rules, however, will not affect the applications lodged before the grant of this new Legislation. Therefore, applications properly submitted before March 27, 2025 (11:59 PM Rome time) will still be processed under the previous regulations.

draft bills

The above rules are immediately effective, however there are additional two Bills pending and to be approved soon with substantive amendments for the Italian Citizenship acquisition. We can summarise, these prospective changes as follows:

• Introduction of the “Effective Ties” Principle – (“Bill”)
• • Citizenship will require proof of a real connection to Italy, aligning with other European legal frameworks.
  • Applicants must demonstrate “qualified residence” in Italy for at least two consecutive years before claiming citizenship.
  • Failure to register a descendant’s birth with the Italian authorities before turning 25 will lead to a presumption of no effective ties, barring future citizenship claims.
  • Italian citizens born abroad who do not maintain an active connection with Italy for at least 25 years (e.g., through civic engagement, taxation, or prolonged residence) may face loss of citizenship.

• Centralization of Citizenship Applications – (“Bill”)
  • A new centralized office at the Ministry of Foreign Affairs (Farnesina) will handle citizenship applications, replacing consular processing.
  • During a one-year transition period, consulates will continue accepting applications but with limitations.
  • The reform aims to streamline procedures and enhance efficiency, enabling consulates to focus on services for existing Italian citizens.
• New Pathways for Reacquisition and Immigration Incentives – (“Bill”)
  • Those who lost their Italian citizenship can reacquire it by residing in Italy for two consecutive years.
  • Individuals with at least one Italian grandparent can obtain citizenship after living in Italy for three years (compared to the five-year requirement for EU nationals and ten years for non-EU nationals).
  • Italian citizenship through marriage remains available, but only for spouses residing in Italy.
• Legal and Procedural Revisions – (“Bill”)
  • The decree restricts the types of evidence accepted in citizenship disputes, excluding oral testimony and sworn statements.
  • The burden of proof falls on the applicant, who must demonstrate eligibility and the absence of disqualifying factors.
  • The maximum processing time for citizenship applications is set at 48 months.

Implications and Next Steps

This reform significantly alters the landscape for those seeking Italian citizenship by descent. The shift toward an “effective ties” requirement aligns with international trends but places additional burdens on applicants. If you or your family are considering an application, it is crucial to act before the March 27, 2025 deadline.

At Fiorino & Associates, we specialize in immigration law, and we have been monitoring these changes closely. For tailored legal advice on how these reforms may impact your case, contact our office at your convenience.