Italian Citizenship: New Rules (2025) and Who Qualifies

The 2025 reform changed who can pursue Italian citizenship by descent: Decree-Law No. 36/2025 (converted into Law No. 74/2025) introduced Article 3-bis into Law No. 91/1992 and imposed new criteria and exceptions. Applications formally filed by 11:59 p.m. ( Rome time) on March 27, 2025 may be subject to transition rules under the decree.

Meta description: The 2025 reform changed criteria for citizenship by descent. Learn about Article 3-bis, exceptions, transition deadlines, and required documents.

Summary of the reform and the temporal framework

Decree-Law No. 36/2025 — known as Decree Tajani — and its conversion into Law No. 74/2025 included Article 3-bis in Law No. 91/1992, which governs Italian citizenship. The change narrows recognition for many people born outside Italy, introducing objective requirements and exceptions provided by law.

Key point about retroactivity: the decree does not limit itself to regulating future procedures; it declares effects on the material right to citizenship of certain people born abroad. In other words, for many people the decree retroacts to birth and changes the legal status that previously existed. This material retroactivity is the core of the legal controversy surrounding the decree.

The temporal landmark for transitional protection is the filing deadline: administrative requests formally registered by 11:59 p.m. (Rome time) on March 27, 2025, as well as lawsuits filed by that date, can receive transitional treatment per the decree’s text. Only requests actually filed within the deadline (with provable protocol number and date) enjoy this protection.

Who can still have citizenship by descent

Citizenship by descent (jus sanguinis) was not completely eliminated, but its scope has been significantly restricted:

• Children and grandchildren: remain as applicant classes with clearer administrative/judicial pathways. The consular route remains available for children and grandchildren meeting legal requirements.

• Great-grandchildren and later generations: the consular route is no longer available for great-grandchildren and later generations after Decree-Law No. 36/2025. Additionally, the rule itself has retroactive character regarding the material right, so many descendants of distant generations were, under the new wording, deprived of the right they had since birth, except for expressly foreseen and applicable exceptions. In other words, it’s not enough to have exceptions: case-by-case analysis is required and the rule may have eliminated the material right for many applicants.

• The analysis is individual: one must verify the status and timing of naturalizations of ancestors, the automatic loss provision under art. 12 §2 of Law 555/1912 (minor integrated upon naturalization of a parent in a foreign country), and compatibility with the exceptions of Article 3-bis.

For practical guidance, the portal gathers content about Italian Citizenship and updates in Italy News.

Relevant exceptions in the new law

Article 3-bis provides exceptions that may preserve the right to citizenship even when the applicant was born outside Italy and holds another citizenship. Among the most cited exceptions and their practical reach:

• First- or second-degree ancestors: if a first- or second-degree ancestor (for example, father/mother or grandfather/grandmother) exclusively held Italian citizenship — or had it at the time of death — this may be a basis for recognition in certain situations provided by law.
• Legal residency in Italy: the article foresees cases where the legal residence of the progenitor in Italian territory before the descendant’s birth can influence the analysis; evidentiary and temporal requirements are strict (for example, documentary proof of legal residence for a specified period).
• Maternal line and January 1, 1948: cases involving maternity and children born before 1/1/1948 remain sensitive and, in practice, often depend on judicial routes, given the jurisprudential framework on equality and application of old rules.

Each exception has documentary and temporal proof requirements; therefore, case-by-case verification and legal assessment are essential.

Applications started before the reform

The decree provides protection/transition for applications that were formally filed (with number and filing date) by 11:59 p.m. (Rome time) on 27/03/2025. Informal procedures — such as mere document gathering, unproven emails, payments to consultancies, or placement in an informal “queue” — do not automatically equate to formal filing. Always confirm the protocol number and date/time of registration with the competent authority.

Important note about processes and retroactivity: although formally filed applications before the effective date are protected by the decree, the declarative rule of material retroactivity means that the existence of the right itself may have been affected for many descendants born abroad who are not children or grandchildren. This distinction between procedural protection (earlier protocols) and loss of the material right is central and must be analyzed with legal counsel.

Procedures, deadlines, and possible routes

The proper route depends on the applicant’s profile and the applicable exception:

• Consular route: remains available for children and grandchildren, but was closed to great-grandchildren and later generations by the wording of Decree-Law No. 36/2025 / Law 74/2025.
• Registry in the Comune (Italian civil registry): administrative recognition in the Comune for applicants born abroad has ceased to be a viable route in most cases after the decree; many situations that were previously handled administratively were redirected to the judicial path or subject to the new restrictive rules.
• Judicial route: remains available and, in many cases (for example, children of Italian mothers born before 1948 or disputes over material retroactivity), is the necessary route. Note that decisions of the Sezioni Unite of the Corte di Cassazione have binding effect on Italian judges, and the retroactivity question has been debated in the jurisdiction.

There are specific rules for minor children and scenarios of acquisition by declaration; each procedure has its own deadlines and required documents. Before investing in translations, apostilles, certificates, or fees, confirm which rule applies to the concrete case.

Documents, costs, and what to confirm

Recognition depends on documentation proving blood ties, naturalizations, dates, and residencies. Common items include:

• birth, marriage, and death certificates of ancestors;
• proof of naturalization or documents showing absence of naturalization (non-naturalization);
• any records of residence in Italy and other documents required by the applicable exception.

Costs and deadlines vary by route (consular, Comune, judicial) and the country of residence. The portal tracks decisions from the Constitutional Court, the Corte di Cassazione (including Sezioni Unite), and the European Court of Justice (ECJ) to update requirements. Before filing, confirm with the competent authority which documents are required and the accepted format.

Conclusion

The 2025 reform substantively changed the landscape of Italian citizenship by descent: the right still exists but has been substantially restricted, the consular route has closed for great-grandchildren and later generations, and administrative recognition in the Comune has ceased to be viable in most cases. Moreover, the decree has retroactive effects on the material right for many people born abroad — this is the central point of the legal controversy. Each case requires detailed documentary and legal analysis to determine the appropriate route — administrative (when applicable and filed before the transition deadline) or judicial — and the necessary proof.

Source: Italianismo