The landmark ruling by the Supreme Court’s Joint Sections on the “minor issue” has now been followed by another significant development. Italy’s Ministry of the Interior has issued “Circolare” 65050/2026, putting the court’s July 26, 2026 ruling into practice and providing new guidance for Jure Sanguinis applicants. This is exciting news for applicants whose citizenship applications were previously denied because of the “minor issue”. The new “circolare” reopens the door for eligible applicants, giving them an opportunity to revisit their original applications.
The Minor Age Rule
For years the “minor issue” created an obstacle for some applicants seeking Italian citizenship by descent. It arose from a restrictive and incorrect interpretation of Articles 7 and 12 of Italy’s former Citizenship Law No. 555/1912 in cases where an Italian parent naturalized in another country while their child was still a minor. The key distinction is that Article 7 applies to children who were already dual citizens from birth, while Article 12 addresses children who initially held only Italian citizenship and later acquired another citizenship. In July the Joint Sections of the Court of Cassation clarified that these are two different legal situations and that Article 12 cannot be used to strip Italian citizenship from a child who was already a dual citizen from birth giving hope to so many who were roadblocked by this issue. Now that the Ministry has issued its guidance so soon following the clarification from the Supreme Court, many applicants won’t necessarily have to pursue their citizenship claims through the courts anymore.
A New Opportunity for Previously Denied Applicants
On August 10th, 2026 the Ministry of the Interior instructed Italian administrative authorities, which includes consulates and municipalities, to apply this interpretation and overrode its previous guidance on the “minor issue”. As a result, the “circolare” provides an opportunity for applicants whose citizenship applications were formally denied solely because of the Minor Issue to request a re-examination of their original application. This means qualifying applicants may be able to have their cases reviewed under the Court’s new interpretation without starting the citizenship process over again, which ensures the application of the legal framework that applied when the application was originally submitted.
The new guidance indicates that the request must be directed to the same consulate or municipality where the original application was submitted even if the applicant has since moved and no longer lives within their consulate or municipality’s jurisdiction. The exact procedure for requesting a re-examination of a previously denied application has not yet been fully established. However, if you’re being represented by an attorney they can initiate the contact with the consulate or municipality on your behalf to make sure the request for reconsideration gets filed as quickly as possible.
What Can Applicants Who Canceled Their Appointment or Withdrew Their Application Do?
The new guidance implicitly recognizes an important distinction between applicants who received a formal denial and those who did not. In fact, the circular does not provide for re-examination for applicants who never formally submitted their application, withdrew it, or did not complete the appointment process because of the “minor age issue”. They will not be allowed to use the re-examination process because there is no formally denied application to reconsider. In those situations, seeking recognition through the courts will be the best option to argue that the application was never submitted, or completed, because of an incorrect previous guideline set by a previous “circolare”.
What Can Applicants Who Were Never Able To Book An Appointment Or Were On Waiting Lists Do?
Those who were never able to obtain an appointment with the consulate, or were never assigned an appointment despite being on a waiting list, may be able to petition the court to have their application adjudicated under the “old rules”, without the restriction set by “circolare” no. 43347 on the “minor age rule”.
Conclusion
The significance of this development goes beyond a change in legal interpretation. It gives many families a second chance and an opportunity to revisit citizenship cases that were once considered closed. While each case must still be evaluated individually, the message is clear that the door that was closed to so many applicants under the former interpretation may now be open again. After years of uncertainty, the Court of Cassation’s landmark ruling, followed by the Ministry’s guidance to implement that ruling administratively, gives qualifying families renewed hope that their dream of Italian citizenship may not be out of reach after all.
Italian Citizenship Assistance Can Help
If your case was affected by the Minor Age Rule, Italian Citizenship Assistance is here to help! You can contact us at [email protected].
