Jure Sanguinis

There are a few things you need to know about Italian citizenship by descent (also known as Jure Sanguinis or Jus Sanguinis) before you can determine if you are still eligible under the new laws.

Previously, those with Italian heritage who could trace their ancestry back and collect the vital documents to prove it, could claim citizenship. In recent years, the number of people applying for recognition has boomed. Consulate appointments have become increasingly impossible to book leading to many applicants choosing to pursue their case in court. 

        The first blow to those seeking recognition of their Italian citizenship came on the 3rd of October 2024 when the Gazzetta Ufficiale posted a circolare that reinterpreted the laws thus anyone with “The Minor Issue” was rendered ineligible. 

“The Minor Issue” is a way to describe anyone whose last Italian born ancestor naturalized abroad before the next in line became an adult. Prior to 1975 the age of adulthood was 21 years old, after 1975 the age was lowered to 18. 

After the circolare, many applicants shifted to an alternative line of Italian descent in order to keep the dream alive. While many Italian men naturalized in order to work legally after moving abroad, oftentimes their wives did not. In cases where the female ancestor was also born in Italy, but did NOT naturalize, the application could be processed through her. If the female ancestor gave birth to the next in line before 1948, the applicant has to take their case to Italian court. 1948 cases cannot be processed at a consulate or via residency in Italy. Although 1948 cases are still considered valid, your line must still be eligible under the Decreto Legge (Decree Law) 74/2025.

On March 28th, 2025 the Gazzetta Ufficiale posted the Decreto Legge 36/2025 which was converted into law as Decreto Legge 74/2025, and primarily made the following changes to the rules governing Italian citizenship by descent:

1. Only those whose parent or grandparent were the last Italian born ancestor have a viable line. (Anyone whose last Italian born ancestor is their great grandparent or further is no longer eligible).

2. Only those whose last Italian born ancestor never naturalized abroad, remaining solely Italian for the duration of their life OR was solely Italian at the time of birth of the next in line if they are still living, are considered to be eligible for citizenship by descent. (Meaning, your last Italian born ancestor could not have naturalized at all!)

3. Opened a "reacquisition window": Any persons who were previously Italian, but naturalized abroad before dual citizenship became legal in 1992 are now able to reclaim Italian citizenship via declaration at their local consulate with a deadline of December 2027.

4. Minor Children: An extended deadline has been issued to parents, who now have until May 31, 2029 to file a declaration of intent for children who were under 18 on May 24, 2025 (when the law was passed). For births occurring after the new law was passed, parents must register or submit the declaration within three years of birth or adoption.
   

Other notable changes from the Decreto Legge include:

• Two year expedited naturalization: for those whose last Italian born ancestor is a parent or grandparent, but that person naturalized. The applicant must be approved for a visa in order to relocate to Italy to become a permanent resident. After two years and successfully passing a B1 level Italian language exam, the applicant can gain Italian citizenship through naturalization after completing just two years of residency.

• In April and June of 2026, the Constitutional Court and the Supreme Court of Cassation convened to deliberate the legality of the Decreto Legge and the October 3rd circolare. Unfortunately, the new laws have been upheld. 
• On July 23rd 2026, the Constitutional Court officially suspended their proceedings and referred the case to the Court of Justice of the European Union (CJEU) in order no. 147/2026. 
• On July 26th 2026, the Minor Issue was overturned, but still contradicts the Decreto Legge 74/2025 in terms of whether or not your last Italian born ancestor's naturalization cut the line. The Constitutional Court recently delayed making an official decision on the Decreto Legge by referring the case to the CJEU (Court of Justice of the European Union) through order number 147/2026. 
• August 10th 2026, upholding the decision made by the Supreme Court of Cassation's landmark Joint Sections Ruling No. 24045 of July 26, 2026, a new circolare was issued effectively reversing circolare 43347/2024, known for introducing the Minor Issue. There is no precedent for successfully applying this rule change to new applications, but you can now request an official re-evaluation if your case was denied specifically due to the October 3rd 2024 circolare.

We know just how heartbreaking these changes have been to the global Italian diaspora who were midway through the process of having their Italian citizenship recognized. Please know that if your goal was to relocate to Italy, or achieve Italian citizenship, there are still other pathways for you. Book a free introductory call to discover your options and how Studio Settebello can help you get started.