On May 23, 2025, the Italian Parliament converted the Tajani Decree into law (legge n. 74/2025), outlining new eligibility rules concerning the recognition of Italian citizenship by descent (jure sanguinis). The Ministry of the Interior issued a circolare, or memo, on May 28, 2025, which provides the operational instructions on how the law is to be applied. This article will break down the changes to eligibility for Italian citizenship by descent, particularly the provisions outlined in the memo.
Background
After the Tajani Decree (decreto-legge 36/2025) was officially signed into law on May 23, 2025, the Ministry of the Interior distributed Circolare No. 26185 on May 28, 2025, providing operational instructions on how the law is to be interpreted and applied.
The circolare details how the automatic acquisition of Italian citizenship jure sanguinis has been limited generationally and outlines the ways in which children born abroad to Italian citizens can acquire citizenship. In some cases, children born abroad to an Italian parent may no longer be recognized as an Italian citizen “at birth”, but will need to acquire citizenship “by benefit of law”. Therefore, it’s important to understand these differences and implications for the child, particularly how it affects their ability to pass citizenship to their descendants. The circolare also reiterates other provisions included in Law 74/2025, such as the reacquisition of citizenship for former citizens and the ability for those with an Italian-born parent or grandparent to acquire Italian citizenship through residency in Italy.
Provisions for Individuals Born Abroad
The circolare reaffirms details outlined in Law 74/2025, particularly the change in how Italian citizenship by descent is legally defined. In fact, the default rule now for individuals born abroad who hold another citizenship is that they are considered to never have acquired Italian citizenship (even if born before May 24, 2025). This derogates from the previous manners of automatic acquisition: jure sanguinis, adoption as a minor, marriage of a foreign woman to an Italian citizen before April 27, 1983, and iuris communicatio for cohabiting minor children.
However, in the newly converted law, subsequently confirmed in the circolare, Article 3-bis, Law 91/1992 establishes conditions that act as exceptions to this rule, allowing an individual to still qualify for recognition of Italian citizenship.
To be recognized as an Italian citizen, an individual born abroad before or after May 24, 2025 must meet one of the following conditions:
- A citizenship application was submitted, administratively or judicially, by 11:59 PM Rome Time on March 27, 2025 OR the interested party received notification of an appointment to submit their application by 11:59 PM Rome Time on March 27, 2025, in which case the application will be processed according to rules in effect prior to March 28, 2025. (Article 3-bis, lett. a; a-bis; b)
- A parent or grandparent is exclusively an Italian citizen or held exclusively Italian citizenship at the time of their death. (Article 3-bis, lett. c)
- A parent or adoptive parent resided in Italy for two consecutive years following their acquisition of Italian citizenship and before their child’s date of birth or adoption. (Article 3-bis, lett. d)
Regarding Article 3-bis lett. c, the circolare further clarifies that this requirement must exist “at the date of the event giving rise to acquisition”, for example, the applicant’s date of birth for jure sanguinis recognition. Therefore, if your parent or grandparent was exclusively Italian at the time of your birth, this condition applies. If your Italian ascendant died before your birth, they must have been exclusively Italian at the time of death. Additionally, the pre-existing transmission mechanisms still remain, meaning the line of transmission must be unbroken.
The circolare also emphasizes the need for comprehensive documentation when proving eligibility for recognition of Italian citizenship, particularly when meeting the condition that your ancestor was exclusively Italian, stating that thorough documentary proof will be requested.
Provisions for Children of Italian Citizens
The circolare outlines the procedure for minor children born abroad to Italian citizens to acquire Italian citizenship. This process of acquisition involves submission of a declaration of will, granting the minor child Italian citizenship “by benefit of law”, and in some cases requiring a period of residence in Italy. It’s important to note that children who acquire citizenship by way of this declaration are not considered Italian citizens from birth (i.e. jure sanguinis), but fall under the category of “by benefit of law” acquisition.
Minor children with a parent who is an Italian citizen by birth (either born in Italy or who acquired jure sanguinis), can acquire Italian citizenship if both parents make a declaration and then one of the following occurs:
- The declaration is submitted within one year of the minor’s birth or from the date of adoption
- After the declaration, the minor legally and continuously resides for 2 years in Italy
Additionally, as of May 24, 2025 (the law’s effective date), minor children of Italian-born citizens can obtain citizenship if a declaration is submitted by 11:59 PM on May 31, 2026. If the minor reaches the age of majority during this period, they can then submit the declaration themselves by this deadline.
A final provision states that adult children with a parent or grandparent who is/was an Italian citizen by birth and who have been legally residing in Italy for at least 2 consecutive years before reaching the age of majority can make a declaration to acquire Italian citizenship within one year of reaching adulthood.
Provisions for Citizenship by Residency
The circolare also outlines the changes made by Law 74/2025 amending the citizenship by residency criteria (Article 9 of Law No. 91/1992). If you have a parent or grandparent who is/was an Italian citizen by birth (regardless if they acquired foreign citizenship), you can apply for Italian citizenship after 2 years of residence in Italy, where previously the requirement was a 3-year residence. As this is a part of the naturalization process, other citizenship by residence requirements must be met, such as proving knowledge of the Italian language at the B1 level.
It should also be noted that Article 14 of Law No. 91/1992 has been amended, creating a residence requirement for minor children to acquire citizenship by virtue of their parent’s acquisition of Italian citizenship. The new provision requires a cohabitating minor child to have been legally residing in Italy for at least 2 consecutive years at the time their parent acquires or reacquires Italian citizenship (or since their birth if under two years old).
Provisions for Reacquisition of Italian Citizenship
The opportunity for former citizens to reacquire Italian citizenship was also detailed in the circolare. Individuals who were born in Italy and who lost citizenship prior to August 15, 1992, when Law No. 91/1992 began permitting dual citizenship, will now have a window of time to reacquire Italian citizenship. Those falling into this category can make a declaration between July 1, 2025 and December 31, 2027, without needing to reside in Italy to complete the reacquisition, which was a previous requirement for reacquisition.
Should you have further questions or would like assistance in applying for Italian citizenship or relocating to Italy, don’t hesitate to contact us directly, visit our website at italiancitizenshipassistance.com, and be sure to subscribe to our Podcast.
