Italian Citizenship by Descent: Government tightens citizenship laws for foreign descendants

On March 28, 2025, the Italian government enacted Decree-Law No.36/2025, changing Italian citizenship by descent rules. This represents a significant historical and political change in Italy's citizenship policy.

Before, foreign descendants of Italian citizens were able to obtain Italian citizenship through the Jure Sanguinis framework, which had no generational limits. However, the Italian government has implemented a stricter law to restrict this model. According to the new law, Italian citizenship by descent is not assured indefinitely across generations.

Decree-Law No.36/2025

A decree-law is a legislative measure issued by the government in situations of extreme urgency. It takes immediate effect as law but must be approved by Parliament within 60 days, during which modifications may be made.

Decree-Law No. 36 has been in force and enforceable since March 29, 2025, retroactively applicable to cases filed since March 28, 2025. Within the 60 days, parliament may either convert it into law as is, amend it, or allow it to expire, in which case it would lose its legal effect retroactively.

Under Decree-Law No. 36, Italian citizenship by descent will only be recognised for those foreign descendants who meet one of the following criteria:

• The foreign descendant applied for Italian citizenship recognition at a consulate or municipal office no later than 11:59 PM (Rome time) on March 27th 2025.

• Authorities formally recognised Italian citizenship (either judicially or administratively) by 11:59 PM (Rome time) on March 27th 2025.

• The foreign descendant has at least one parent or grandparent born in Italy.

• The foreign descendant has a parent who resided in Italy continuously for at least two years before their birth.

Under the new regulations, citizenship can no longer be claimed through great-grandparents or beyond, and foreign descendants without recent family connections or residence in Italy will no longer be eligible under the automatic jure sanguinis framework. Additionally, these rules apply only to individuals who already hold another citizenship, preventing cases of statelessness.

Foreign descendants who have already been recognized as Italian citizens—whether through a court ruling, municipal office, or consulate—will retain their citizenship. Applications for citizenship recognition that were officially documented and submitted before 11:59 PM (Rome time) on March 27, 2025, will be processed under the previous regulations.

The reform establishes the principle of an "effective bond" (vincolo effettivo) between the individual and the Italian state, aligning Italy with the approach already adopted by several other EU countries.

Alongside the decree-law, a draft law has been presented, suggesting the principle of an "effective link" to Italy, primarily characterized by residency in the nation. The main elements of this draft law, which is currently under consideration, include:

• Birth certificate registration: Foreign descendants of Italian citizens need to register their birth certificates before turning 25.

• Loss of citizenship: Italian citizens born abroad who do not reside in Italy and fail to maintain ties with the country for 25 years will lose their citizenship.

• Expanded eligibility: Some foreign descendants may qualify for citizenship under specific conditions.

• Citizenship by marriage: Foreign spouses of Italian citizens will only be eligible for citizenship if they reside in Italy.

In essence, the message is clear: being of Italian descent alone is no longer sufficient to be recognised as Italian by law. A tangible, active connection to Italy is now the main requirement.

EMIT Law is currently reviewing the pending citizenship cases. If you want to learn more about the new changes, contact us today!