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Citizenship by descent (after 27/03/2025)

The Decree-Law of March 28, 2025, No. 36 (available here), containing urgent provisions on citizenship, has amended the requirements for the recognition of citizenship iure sanguinis.

While waiting for the conversion of the decree-law into law, the following operational provisions are outlined.

  • All applications for recognition of iure sanguinis citizenship submitted by March 27, 2025 (inclusive) to this Consulate, for which the payment has been regularly made, will be examined and evaluated according to the regulations in force before the adoption of the aforementioned decree-law (see here for details).
  • All applications for recognition of iure sanguinis citizenship submitted starting from March 28, 2025 (inclusive) will be examined and evaluated according to the changes introduced by the aforementioned decree-law. In particular:

 

    • The regulatory framework remains unchanged, and the criteria previously followed will still apply to the following categories of people:
      • Those born in Italian territory, even if they hold another nationality;

      • Those born anywhere, if they do not hold another nationality.

  • Those born abroad on any date (even before the entry into force of the Decree-Law of March 28, 2025, No. 36), if they hold another nationality, acquire Italian citizenship automatically only if:

    • At least one of the parents (including adoptive parents) is Italian citizen and was born in Italy;

    • At least one of the parents (including adoptive parents) who is an Italian citizen born overseas has been resident in Italy for at least two continuous years before the date of the child’s birth or adoption (residence must be proven by a historical certificate of residence issued by the competent municipality);

    • One of the grandparents (including adoptive grandparents) is/was an Italian citizen born in Italy.

The new rules apply to all automatic ways of acquiring citizenship provided by the Italian laws that have been enacted over time, such as: iure sanguinis citizenship (children of an Italian parent), recognition or judicial declaration of paternity or maternity, adoption, marriage of a foreign woman to an Italian husband before April 27, 1983 (Article 10, second paragraph, of Law No. 555/1912), iuris communicatione (minor children of a parent who acquires or re-acquires citizenship: for example, Article 12 of Law No. 555/1912 and Article 14 of Law No. 91/1992).

Therefore, the transcription of birth records will also follow the provisions of Decree-Law No. 36 (see the Civil Status page on this website – here).

This Consulate will proceed to examine all applications already submitted according to the criteria outlined above.