First Reading

Citizenship, the Senate gives the green light to the decree. Here are the novelties

The new rules provide that descendants of Italian citizens, born abroad, will only automatically be citizens for two generations: only those who have at least one parent or grandparent born in Italy will be citizens from birth. Children of Italians will automatically acquire citizenship if they are born in Italy or if, prior to their birth, one of their citizen parents resided for at least two continuous years in Italy

by Redaction Rome

15 May 2025

4' min read

Key points

Limitation in the transmission of nationality by birth (jure sanguinis)
Acquisition of nationality by foreign or stateless child
Waiver of Italian citizenship
Term for the settlement of certain procedures for the acquisition of nationality
Two-year residency requirement for minor children of persons acquiring or regaining citizenship
Citizenship determination disputes
Descendants of Italians and entry for employment
Descendants of Italians and granting of citizenship
Renewal of citizenship for former citizens

4' min read

The Senate gave the first green light to the citizenship decree (Decree-Law 36/25), approved by the Council of Ministers on 28 March, and in force as of 29 March. The term citizenship indicates the relationship between an individual and the State, and in particular a status, called civitatis, to which the legal system attaches the fullness of civil and political rights. In Italy the matter is regulated by Law 91/92. The Senate Chamber approved the Law Decree in the text proposed by the Constitutional Affairs Committee. There were 81 votes in favour, 37 against and no abstentions. The measure, which must be converted into law by 27 May, passes to the Chamber of Deputies.

The decree law consists of four articles.

Here is a summary of the main measures of the measure, which is to be converted by 27 May.

Limitation in the transmission of nationality by birth (jure sanguinis)

The provision introduces the fundamental principle that citizenship is not automatically transferred to persons born abroad who hold another citizenship, and that citizenship cannot be recognised also to persons born abroad before the entry into force of the provision, unless one of the following conditions is met: the Italian citizenship status of the person concerned has been recognised, in compliance with the regulations applicable on 27 March 2025, following an application, accompanied by the necessary documentation, submitted to the competent consular office or mayor no later than 11:59 p.m., Rome time, on the same date; the Italian citizenship status of the person concerned has been judicially ascertained, in compliance with the regulations applicable on 27 March 2025, following a court application submitted no later than 11:59 p.m., Rome time, on the same date:59, Rome time, of the same date; the Italian citizenship status of the interested party has been judicially ascertained, in compliance with the legislation applicable on 27 March 2025, following a judicial application submitted no later than 23:59, Rome time, of the same date; a parent or adopting party who is an Italian citizen was born in Italy; a parent or adopting party who is an Italian citizen has been resident in Italy for at least two continuous years prior to the date of birth or adoption of the child; a first-degree Italian citizen ascendant of the parents or adopting parties who are citizens was born in Italy.

The typification of exceptions to the preclusion of automatism has the objective, as highlighted by the illustrative report accompanying the bill for the conversion of the decree-law, to give a definite legal content to a principle, that of the effective link - or bond - with Italy (and objective content, which can be deduced from concrete acts and specific certificates). In other words, the intention of the regulatory intervention is to connect the automatic transmission of citizenship to the existence of an effective link with Italy, both in the case of ascendant citizens and the descendant to whom citizenship is transmitted.

In a note, the government explained that while maintaining the basic principle of the automatic transmission of citizenship iure sanguinis, based on descent from Italian citizens, this measure reinforces the need for children born abroad of Italian citizens to have an effective link with Italy. This is also in order to align with the legal systems of other European countries and to guarantee free movement within the European Union only for those who maintain an effective link with their country of origin.

Acquisition of nationality by foreign or stateless minor

A foreign or stateless minor, descended from a father or mother who is an Italian citizen by birth, becomes an Italian citizen if the parents themselves, or the guardian, declare their wish to acquire this status. Following this declaration, the child must reside legally and continuously for at least two years in Italy or, alternatively, this declaration of intent must be submitted within a year of the child's birth or the subsequent date on which filiation with an Italian citizen is established, including by adoption.

Waiver of Italian citizenship

A foreign or stateless minor who has become an Italian citizen by virtue of the previous rule and who holds the nationality of another State may renounce Italian citizenship upon reaching the age of majority.

Term for the settlement of certain procedures for the acquisition of nationality

A maximum of 24 months (non-extendable) is allowed for the settlement of proceedings for the acquisition of nationality by the spouse of an Italian citizen or the granting of nationality by decree of the President of the Republic.

Two-year residence requirement for minor children of persons acquiring or reacquiring nationality

The measure provides for a requirement of two years' continuous residence in Italy for the acquisition of nationality by minor children of a parent who acquires or reacquires Italian nationality, if cohabiting.

Disputes on ascertainment of nationality

In disputes concerning the ascertainment of nationality, oaths and testimonial evidence are not permitted. In addition, in the same disputes, the burden of proving the non-existence of the grounds for non-acquisition or loss of nationality provided for by law falls on the person who requests the establishment of nationality.

Foreigners descended from Italians and entry for employment

Entry and residency for subordinate work is permitted, outside of the maximum quotas of foreigners to be admitted to the territory of the State for work, for foreigners residing abroad, descendants of Italian citizens and in possession of the citizenship of a State of destination of significant Italian emigration flows. The determination of the States of destination is referred to a decree of the Minister of Foreign Affairs.

Foreigners descended from Italians and granting of citizenship

The period of legal residence in Italy required for the granting of nationality to a foreigner whose parent or second-degree direct ascendant is or was a citizen by birth is reduced to two years (from three years).

Renewal of citizenship for former citizens

Those who were born in Italy or have been resident there for at least two continuous years, and have lost their citizenship in application of certain provisions of Law 555 of 1912, will reacquire it if they make a declaration to this effect, between 1 July 2025 and 31 December 2027. At the same time, the fee for the re-acquisition of nationality (€250, as in the current regulations) is included in the fees to be collected by consular offices.