Italian Citizenship by Descent: Key Changes in Ministerial Circular 43347/2024

Ministerial Circular No. 43347, issued on October 3, 2024, introduces significant changes to the process of obtaining Italian citizenship by descent (iure sanguinis). This directive from the Ministry of the Interior aligns with recent rulings from the Court of Cassation and establishes stricter criteria for the transmission of Italian citizenship. Below, we outline the main updates, their impact on pending applications, and what applicants can do if their request is denied.

Key Changes Introduced by Circular 43347/2024

1. Loss of Citizenship Due to Ancestor’s Naturalization

• If an Italian citizen lost their citizenship by acquiring another country’s nationality, their minor children at the time of naturalization automatically lost their Italian citizenship. This applies regardless of whether the children were born in a jus soli country (such as Australia).
• Applicants for Italian citizenship by descent must now provide evidence that their ancestor did not lose Italian citizenship before the birth of the next descendant in their lineage.
• If the ancestor lost Italian citizenship as a minor, the applicant must prove that the ancestor reacquired it upon reaching adulthood and before the birth of the subsequent descendant.

2. Retroactive Application and Impact on Pending Applications

• The circular applies retroactively, meaning that applications already submitted but not yet processed will be assessed under these new rules.
• Italian Prefectures and Consular offices must immediately comply with these directives, increasing the likelihood of rejection for applications that do not meet the updated requirements.

Ministerial Circular vs. Legislative Change

It is important to note that a ministerial circular is an administrative directive designed to clarify the application of existing laws. It does not have the legal force to modify or override legislation. Consequently, if new judicial interpretations or rulings from the Regional Administrative Court (TAR) arise, the validity and effectiveness of the circular could be challenged.

What to Do If Your Application Is Rejected?

• Applicants whose requests are denied can file an appeal with the Regional Administrative Court (TAR) of Lazio.
• The court can mandate a re-examination of the case and require a detailed justification for the rejection.
• However, TAR does not have the authority to directly grant citizenship but only to assess the correctness of the administrative process.

Possible Future Developments

• Given the significant impact of Circular No. 43347, further clarifications from the Ministry are possible.
• In December 2024, a parliamentary question was submitted by a senator representing the North and Central America region, signaling potential legislative or judicial developments in this area.

Conclusion

The interpretation introduced by Ministerial Circular No. 43347 makes the recognition process for Italian citizenship by descent more complex and restrictive. Prospective applicants must ensure they have comprehensive documentation and may consider seeking assistance from a lawyer specializing in Italian citizenship law. Future developments will depend on decisions from administrative courts and responses from the Ministry to ongoing parliamentary inquiries.

For expert legal guidance on Italian citizenship applications contact our expert Italian Lawyer at fabrizio@fiorinolaw.com.au