As many of you who have recently consulted with our firm are well aware, our concerns about further limitations being placed on eligibility through Italian descent, unfortunately, have proven to be well-founded. While we could not have anticipated that these changes would be implemented so swiftly, their sudden arrival has sent shockwaves through our entire community. This development underscores the persistent hostility of the Italian government toward jure sanguinis citizenship claims—something we have long cautioned against, particularly for those who assumed that meeting the legal criteria on paper would guarantee a straightforward process.
On Friday, March 28th, the Italian government officially published the text of a new decree in the Gazzetta Ufficiale, introducing significant changes to citizenship recognition for individuals born abroad. These changes establish new eligibility criteria and modify the rules for those who have not yet filed their citizenship applications.
The interpretation is what matters
Before we cover the details of the changes, it’s important to note that the true implications come down to one thing:
The interpretation of the decree by judges and administrative bodies.
All other opinions and predictions—including ours—are not the final authority on the implementation of these changes. As always, we’ll be honest and direct with you about what we know, what we don’t know, and what we expect.
It’s important to understand that there’s already political action in motion (both for and against this decree) that may change its final form—possibly for the better, but also possibly to be even more restrictive. Beyond even the initial 60 days, this decree will most likely be challenged in various ways and for specific cases. It’s completely within reason that some scenarios may take years to resolve and create new legal precedent.
Now, let’s get into the changes and their possible implications.
The new requirements
For individuals of Italian descent who were born outside of Italy with another citizenship, the updated eligibility criteria are straightforward. You must have one of the following
- A parent who was an Italian citizen at the time of your birth and who was either born in Italy or resided in Italy for at least two years prior to your birth, OR
- A grandparent who was an Italian citizen and was born in Italy.
Because this decree is expected to override previous citizenship laws—including key articles from 1912 and 1992—rules such as automatic transmission of citizenship from parent to child, the 1948 rule, and special considerations for minors may no longer be applicable or necessary.
Initial implications of the new rules
These changes mark a major shift for new applicants born abroad who have not yet been recognized as Italian citizens. While further clarifications are expected, some immediate possible implications are below.
Restrictive generational limits
The rule above immediately outlines an imposed limit of only (2) generations from an Italian-born grandparent or parent who was born/resided in Italy. Individuals whose closest Italian-born relative is a great-grandparent or higher are no longer eligible for citizenship through jure sanguinis under the new decree.
Possible elimination of need/use of the 1948 rule
This new decree is expected to override previous legal provisions deemed discriminatory. Additionally, the new decree does not specify gender requirements. This combination indicates the elimination of the need for citizenship through judicial process using the 1948 rule.
Implications based on citizenship application status
Individuals already recognized as Italian citizens
If you have already been recognized as an Italian citizen, your status remains unchanged.
Children of recognized Italian citizens
One important note here, however, is that minor children of recognized citizens will not automatically acquire Italian citizenship unless one of the following conditions applies:
- The child has already been officially recognized as an Italian citizen
- A request to register the child was submitted to a consulate (through AIRE) or comune before March 28, 2025
- The child’s parent was born in Italy
- The child’s parent lived in Italy for at least two years before their birth
- The child was born in Italy
Individuals with pending applications
If your application for citizenship was filed before 11:59pm Rome time on March 27th, 2025, your case will proceed according to previous regulations. This applies to administrative cases submitted to a consulate or comune and to judicial cases through the court.
Individuals who have not yet filed their applications
The new generational limits above apply for at least the duration of the 60-day decree and then permanently going forward if converted into law.
It’s also important to note that the recognition status of other family members, such as parents or siblings, has no impact on your own eligibility.
What happens next?
The decree is already in effect and will remain so for 60 days. At that point, it may be converted into law by Parliament. While Parliament may introduce modifications during this process, these rules are currently binding.
Again, if modifications are made at all, it’s possible they can become even more restrictive.
We will continue to track legislative updates and provide further insights on how these rules will be implemented.
Given the clear climate of hostility, we strongly advise those who remain eligible to act without delay. These rules changed overnight and without notice. It is entirely possible they will change again, further restricting eligibility.
We and other experts have been anticipating these changes—although none of us expected them this quickly—and advising clients to act quickly. Our heart has always been to help as many people with Italian roots obtain their citizenship while the door remains open. If you meet these new eligibility restrictions and want to know your next steps, please feel welcome to get in touch. The best place to start is with our updated eligibility quiz.
