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NEW RULES FOR THE RECOGNITION AND ACQUISITION OF ITALIAN CITIZENSHIP

  • By Studio Legale Scognamiglio
  • Giugno 26, 2025

 

As of May 24, 2025, a significant shift in the Italian citizenship law, aiming for a more restrictive approach to ius sanguinis , came into force introduced by Italian Law 23 May 2025, n. 74, which converted Decree-Law 28 March 2025, n. 36.

Here are the main novelties:

  1. Limitations on Automatic Iure Sanguinis Acquisition for those Born Abroad with Other Citizenship (New Art. 3-bis of Law 91/1992):

Automatic acquisition of Italian citizenship is no longer granted to individuals born abroad who also possess another citizenship, even if born before the law’s entry into force.  

Exceptions: Citizenship can still be recognized if one of the following conditions is met:

      • A parent or grandparent was (or was at the time of death) exclusively an Italian citizen at the moment of the event leading to acquisition (e.g., the applicant’s birth).
      • Acknowledgement of citizenship has been made or an appointment to file the request has already been communicated by the 27th of March 2025.
      • Judicial assessment of citizenship has been made by the 27th of March 2025. 
      • A parent or adopting parent resided legally and continuously in Italy for at least two consecutive years after acquiring Italian citizenship and before the child’s birth or adoption.  
  1. Generational Limits:
    • Automatic ius sanguinis recognition is now generally limited to the second generation: this aims to reduce claims from more distant descendants.  
  2. Changes to Judicial Proceedings for Citizenship Ascertainment:
    • Means of Proof: Oaths and testimonial evidence are generally no longer admissible, unless expressly permitted by law.  
    • Burden of Proof: The burden of proving the absence of obstacles to the acquisition or retention of citizenship now falls on the applicant.  
  3. Transitional Provisions for Minors:
    • For minors (under 18 years old) as of May 24, 2025, whose parent is an Italian citizen by birth, parents (or guardians) can submit a declaration of intent to acquire citizenship by May 31, 2026.  
    • Following this declaration, the minor must reside legally and continuously in Italy for at least two years to acquire citizenship.
  4. Reacquisition of Citizenship for Former Citizens:
    • A specific timeframe (from July 1, 2025, to December 31, 2027) is introduced for former Italian citizens who lost their citizenship under Law n. 555/1912 to reacquire it. This applies to those born in Italy or who resided there for at least two continuous years.  
  5.      New provisions for descendants of Italian citizens
    • The residency requirement for naturalization for foreigners whose parent or grandparent was an Italian citizen by birth is reduced from three to two years.  
    • A facilitated entry procedure for employment purposes is introduced for direct descendants of Italian citizens who emigrated from Italy.