On 15 May 2025, the Italian Senate and subsequently on 20 May 2025 the Italian Parliament definitively approved Decree-Law No. 36 of 28 March 2025, introducing significant changes to the rules governing Italian citizenship by descent (iure sanguinis), as set out in Law No. 91 of 5 February 1992.
This reform reflects the Italian government’s growing concern over the large number of citizenship applications submitted by foreign-born individuals of Italian ancestry—often with no real connection to Italy.
1. Purpose of the Reform
The reform aims to address the unconditional extension of citizenship rights to foreign-born descendants of Italian nationals who may not speak the language, reside in Italy, or have ties to its legal or civic culture.
With the new Article 3-bis of Law 91/1992, the decree imposes objective limits on the transmission of Italian citizenship to foreign-born individuals, marking a shift toward a more substantive connection requirement.
2. The New Article 3-bis: Limits to Citizenship by Descent
Under Article 3-bis, a person born abroad and holding another citizenship is not considered an Italian citizen by descent unless one of the following exceptions applies:
a) Application submitted by 27 March 2025
Citizenship may still be recognized under the prior rules if:
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the application was filed with the competent Municipality or Consulate no later than 11:59 p.m. (Rome time) on 27 March 2025, or
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the application was submitted on a date confirmed by an appointment granted before the same deadline.
b) Judicial proceedings initiated by 27 March 2025
Recognition remains possible under the former law if a lawsuit was filed before the deadline.
c) Ancestor of the 1st or 2nd degree held only Italian citizenship
At least one parent (1st degree) or grandparent (2nd degree) must have held exclusively Italian citizenship at the time of death.
d) Italian residence of the parent
If the parent acquired Italian citizenship by naturalization, they must have resided legally in Italy for at least two consecutive years after obtaining citizenship and before the child’s birth or adoption.
3. Practical Consequences
The reform transforms the concept of iure sanguinis from a purely genealogical right to a regulated legal status, requiring:
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A real link to the Republic of Italy,
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Strict documentation, and
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Verification of the applicant’s effective ties to the country.
In particular:
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Claims based on remote ancestry (e.g., great-great-grandparents) are excluded unless supported by the new legal requirements.
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Italian Municipalities and Consulates must verify genuine residence, identity, and compliance with timelines.
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The use of witness testimony or sworn declarations is no longer permitted; only authentic, legalized documents are accepted.
4. Legal Interpretation
The reform aligns with recent judicial decisions and administrative practices, aimed at preventing:
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Abuse of the citizenship process, such as fictitious residences or forged documents.
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The misuse of EU citizenship rights by individuals lacking actual integration.
It represents a constitutional balance between the principle of ius sanguinis and the need for an effective bond with the Republic, in line with Article 3 of the Italian Constitution.
5. How to Proceed Now?
Applicants must:
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Provide a complete and uninterrupted genealogical chain, supported by legalized and translated vital records.
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Demonstrate that their parent or grandparent held only Italian citizenship.
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Comply with residency requirements, if applicable.
Given the technical nature of these proceedings, legal assistance is recommended to avoid rejections or delays.
