Immigration law
Italian citizenship by descent after the 2025 reform
Citizenship by descent has not been abolished, but it has changed profoundly. Who still qualifies under the new rules, and what other routes remain.
For decades, Italian citizenship by descent (iure sanguinis) passed down with no generational limit: proving descent from an Italian ancestor was enough. Decree-Law 36/2025, converted by Law 74/2025, changed the rules profoundly. Citizenship by descent has not been abolished, but far fewer people now qualify.
The new rule: Article 3-bis
The reform added Article 3-bis to Law 91/1992. A person born abroad who holds another citizenship is, as a general rule, treated as never having acquired Italian citizenship. There are important exceptions.
Who still qualifies
Citizenship by descent is still recognised, among other cases, where:
- the application was filed (or the appointment booked, or the court case started) by 27 March 2025: these applications follow the old rules;
- a parent or grandparent holds, or held at death, only Italian citizenship;
- a citizen parent lived in Italy for at least two consecutive years after acquiring citizenship and before the child was born.
In practice, automatic recognition now generally stops at the children and grandchildren of citizens with a genuine link to Italy.
Routes that remain
If you no longer qualify for automatic recognition, Italy is not necessarily closed to you:
- citizenship by residence has a shorter residence period for descendants of Italian citizens by birth; see Italian citizenship by residence;
- marriage to an Italian citizen remains a separate route;
- for minor children of citizens there are declaration procedures with strict deadlines.
Pending cases and litigation
Applications and court cases started before 27 March 2025 follow the previous rules. Some Italian courts have raised constitutional challenges to the reform, so the picture may still change: follow case-law developments before giving up or starting a lawsuit.
What to do now
Before spending money on translations and apostilles, rebuild your family tree and check which case you fall into: whether a parent or grandparent held only Italian citizenship, whether your parent lived in Italy, and the dates of your ancestors’ births and naturalisations. Every detail can change the outcome. If you plan to move to Italy in the meantime, see the Elective Residence Visa.
I assist descendants of Italians in English and Italian. More on immigration law, including in Florence, Rome and Milan.
Avv. Ada Alia
A member of the Pistoia Bar since 2020, she handles criminal, family, immigration and personal injury matters. She meets clients in Italian, English and Albanian.
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