As Was Decreed: Stricter Laws on Italian Citizenship by Ancestry – ‘Jus Sanguinis’

Colosseum, Rome, Italy

Decreto Legge 36/2025, or Legal Decree 36/2025, is officially Italian law as of the 28^th of March this year. This law with the imposing name has made significant to the process for acquiring Italian citizenship by ancestry. Many Italians abroad and several diaspora organisations have raised concerns and criticism.

Italian Citizenship by Descent

Article 3-bis stipulates that you can become an Italian citizen by descent if:

1. You have a parent or adoptive parent who is born in Italy and has exclusively Italian citizenship.

2. You have a parent or adoptive parent, not born in Italy, who lived in Italy legally for two years continuously before the date of your birth or adoption.

3. You have a grandparent, or your adopted parent has a grandparent, that is exclusively a citizen of Italy.

Essentially, if you are of Italian descent and want Italian citizenship, at least one of your parents or grandparents must have been born in Italy and have Italian citizenship for you to be successful. This means that even if your parents are not citizens, you can still be eligible if you grandparents are.

But, if your parents were born in Italy and were Italian citizens, but renounced their Italian citizenship before you were born, then you can’t get Italian citizenship. This also applies for grandparents: if your grandparents renounced their citizenship before you were born, then you can’t get citizenship under the new law.

You can still get your Italian citizenship if you have Italian heritage. Again, if even just one of your parents was born in Italy and holds Italian citizenship, you can still successfully apply. This includes adoptive parents.

If neither of your parents hold citizenship or they were both born outside of Italy, you can jump straight to your grandparents and apply because of their citizenship. If even just one of your grandparents was born in Italy and is an Italian citizen, then you can successfully apply. Just bear in mind that applications for adults 18 and over will attract a consulate fee, whilst children under 18 will not have any fees associated with their application.

Italian Citizenship by Acquisition/Grant

But what if the relative is more distant then that? Say you had a great-great grandmother from Italy, who was born there and holds citizenship. Under previous law, you could have applied for Italian citizenship. This is however no longer the case. But, if you can demonstrate that you have Italian heritage, you can still acquire Italian citizenship, if you live in Italy for more than three years continuously and you have Italian ancestry, and you can speak Italian at a CEFR level of B1 or higher.

It is noted that if you are born outside Italy and you are already a citizen of another country at birth (meaning that This is significantly less than the ten years required for people who do not have any Italian background.

The new decree took effect as of the 21^st of May 2025: if you lodged an application for citizenship under the old rules before the 28^th of March 2025, or if your Italian citizenship is confirmed through a court decision, provided that the legal action was initiated before 27 March 2025, you may still be eligible for citizenship under the old rules.

Italian Citizenship by Reacquisition

There are some special requirements for people seeking to reacquire Italian citizenship. If the below are satisfied:

1. You were born in Italy or have been resident in Italy for at least two continuous years, and

2. You lost your Italian citizenship before August 15^th, 1992, because:

   1. You voluntarily acquired foreign citizenship before August 15, 1992, and now live outside Italy.

   2. You acquired non-Italian citizenship against your will, renounced your Italian citizenship and now live outside Italy.

   3. You were a child who lived with a parent who had lost their citizenship, and you acquired citizenship of a state other than Italy.

These changes are historic and far reaching and will affect many Italians abroad who want to reconnect with their heritage in an official way. Whilst more restrictive, the new process does not necessarily mean the end of Italian citizenship for people seeking that important connection to their family’s heritage.

Trevi Fountain, Rome, Italy

For more information about Italian Citizenship, please feel free to contact us on +61 3 94163463 or email: email@osullivanandruffilli.com.au if you have any questions or need assistance.

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