Italian citizenship

Italian citizenship by descent (jure sanguinis) underwent a Historic legislative change in 2025. Law-Decree No. 36/2025 (known as the Tajani Decree), converted into Law No. 74/2025 On May 24, 2025, a generational limit was introduced that did not exist before: now, only children and grandchildren of Italians born in Italy can apply for citizenship recognition. The Italian Constitutional Court confirmed the constitutionality of this restriction in March 2026.

The Sandra Koelln law firm offers updated legal guidance on the new rules and assists with the compilation of the documentary dossier, translations, and process referral—whether through the consular route, directly at a comune in Italy, or through the judicial route when applicable.

New Rules: Law 74/2025 (Tajani Decree)

Until March 2025, Italy did not impose a generational limit for the recognition of citizenship by descent. It was sufficient to prove an unbroken line back to an Italian ancestor alive after March 17, 1861 (the date of Italy's unification). This scenario has changed drastically.

What Changed

• Limit of 2 generations: Now, only children and grandchildren of Italians born in Italy can request citizenship. Great-grandchildren, great-great-grandchildren, and subsequent generations have been excluded.
• Minor's Rule (2024): If the Italian ancestor naturalized as a citizen of another country while the son was still a minor, the chain of transmission is considered broken.
• Children born abroad (from May 2025): Children of Italians born outside of Italy only acquire citizenship automatically if the father/mother resided in Italy for at least 2 years before the birth.
• €600 fee The cost of the application increased from €300 to €600, with a further increase to €700 expected.

Transition Rule

Important: Filed applications or confirmed appointments with consulates, communes, or courts until March 27, 2025 (11:59 PM, Rome time) continue to be evaluated under the previous rules, without generational limits. If you already had a process underway before this date, your rights are preserved.

Citizenship Recovery (Minor Rule)

The new law also brought a positive window: individuals born in Italy or who have resided in the country for at least 2 consecutive years and who lost their Italian citizenship under the old rule for minors can request its recovery between July 1, 2025, and December 31, 2027.

Current Requirements for Italian Citizenship

• To be the son or grandson of an Italian citizen born in Italy
• Complete documentary chain: birth, marriage, and death certificates for the entire lineage
• The Italian ancestor cannot have naturalized as a citizen of another country before the birth of the next descendant in line (or while that descendant was a minor).
• CNN (Certificate of Non-Naturalization) of Italian ancestor
• Documents translated into Italian by a sworn translator and apostilled (Hague Apostille)

Maternal Line Cases Pre-1948

Historically, Italian law did not recognize the transmission of citizenship through the maternal line for children born before January 1, 1948. These cases required legal action (an appeal to the Civil Court of Rome). With Law 74/2025, the expectation is that this specific judicial route will be gradually replaced by the new general rules, but ongoing proceedings will continue to be processed normally.

Paths to Recognition

Via Consular

The application is made at the Italian consulate in the applicant's jurisdiction of residence. The waiting list can vary from 2 to 12 years depending on the consulate — consulates in large cities in Latin America tend to have significantly longer waiting lists.

Via Judicial (Appeal to the Court of Rome)

For maternal line cases prior to 1948, legal proceedings are the only option. It can also be used as an alternative when the consular queue is excessively long. The average processing time is 12 to 24 months.

Directly to the Municipality in Italy

For those who can reside temporarily in Italy, the application can be made directly at the comune (municipality). The legal deadline is 120 days after filing, which makes this route significantly faster than the consular one.

Frequently Asked Questions about Italian Citizenship

How many generations can claim Italian citizenship?

With Law 74/2025 (Tajani Decree), in effect since May 2025, only children and grandchildren of Italians born in Italy can claim citizenship. Great-grandchildren and later generations no longer qualify under the new rules. Applications filed before March 28, 2025, will still follow the previous rules (no generational limit).

Do I need to go to Italy to apply for citizenship?

Not necessarily. The process can be done through the consular route (in the country of residence) or judicial route (Court of Rome). However, if you opt for the comune route, you will need to establish temporary residency in Italy.

How long does the process take?

Via consular: 2 to 12 years (varies greatly by consulate and tends to be longer in Latin American countries). Via judicial: 12 to 24 months. Via comune: 120 days after filing (legal deadline). With the new restrictions, consular lines are expected to gradually decrease.

My grandfather/grandmother was Italian. Do I still have rights?

Yes — grandchildren of Italians born in Italy continue to be eligible under Law 74/2025. What has changed is that great-grandchildren and subsequent generations are no longer eligible. If the transmission is through the maternal line and the descendant was born before 1948, it may be necessary to pursue a judicial route. Each case must be analyzed individually.

What if I already had a case in progress?

Processes filed or with confirmed appointments by March 27, 2025 (11:59 PM, Rome time) will continue to be evaluated under the previous rules. This applies to applications at consulates, comuni, and courts. The citizenship status of other recognized family members does not affect your case.