Italian Citizenship by Descent 2026: The Two-Generation Rule Explained

A landmark change in Italian law has fundamentally altered the path to obtaining Italian citizenship by descent. As of May 2025 a new two-generation rule significantly narrows the eligibility for many individuals of Italian heritage born abroad. This means that the long-held tradition of claiming citizenship through distant ancestors has been curtailed for all new applicants.

This article explains the critical changes introduced by the Italian government what the new rules are and who can still qualify for citizenship by right of blood, known as jure sanguinis. We will explore the exceptions to the new rule the cut-off date for applications under the old system and the alternative pathways available for those who find their route to an Italian passport is now closed. Given the complexity of these new regulations seeking professional legal advice on your specific family history is more important than ever.

Old Rules vs New Rules for Italy Citizenship by Descent

For decades Italy had one of the world's most generous citizenship by descent policies. The principle of jure sanguinis (Latin for 'right of blood') meant that citizenship was passed down from an Italian parent to a child without any generational limit. If you could prove an unbroken chain of citizenship back to an Italian ancestor who was alive after the unification of Italy in 1861 you could potentially claim citizenship regardless of where you were born or how many generations had passed.

This open-ended policy allowed millions of people in countries with large Italian diaspora populations like the United States Argentina Brazil and Australia to reclaim their Italian heritage and gain an EU passport. It was a testament to Italy's desire to maintain ties with its global diaspora. However in 2025 this approach changed dramatically.

Responding to a range of political and administrative pressures the Italian government enacted Decree-Law 36 of 28 March 2025 often called the 'Tajani decree'. This decree was converted into Law 74 of 23 May 2025 and came into force the following day. The new law added Article 3-bis to Italy's main citizenship law (Law 91/1992). This new article establishes a generational limit for most new applicants. The core change is that a person born abroad who already holds another citizenship no longer automatically acquires Italian citizenship by descent. Instead they must meet one of the specific and narrow exceptions.

The table below summarises the key differences between the old system and the new reality for aspiring Italian citizens.

This shift represents a fundamental move away from an identity-based concept of citizenship towards a more restrictive model that prioritises a closer and more recent connection to Italy. For those who began the process after the deadline the journey has become significantly more challenging.

Who Still Qualifies for Italian Citizenship by Descent?

While the new law has restricted the route for many it has not closed it completely. The path to jure sanguinis citizenship remains open for individuals who can meet the strict conditions laid out in the new Article 3-bis. Understanding these exceptions is crucial for anyone hoping to make a successful claim today. You must have your family's specific circumstances assessed by a qualified legal professional to determine your eligibility.

There are two primary exceptions that allow a person born abroad with another citizenship to still acquire Italian citizenship by descent:

Exception 1: The Exclusive Citizenship Clause

The first and most significant exception is for individuals who have a recent ancestor who was exclusively Italian. Under the law you may still qualify if, at the time of your birth your:

• Parent held exclusively Italian citizenship.
• Grandparent held exclusively Italian citizenship.

The word 'exclusively' is the critical element here. It means the qualifying parent or grandparent cannot have held any other citizenship at the same time. For example if your Italian father was also a citizen of the United States at the time of your birth you would not qualify under this exception. His citizenship would not have been 'exclusively' Italian. Similarly if your grandmother was born in Italy but also acquired Argentinian citizenship at birth through her parents she would not be considered exclusively Italian.

Proving this exclusivity will likely become the most challenging part of new applications. It requires extensive documentation beyond simple birth and marriage records. You may need to provide official confirmation from the authorities of other relevant countries stating that your parent or grandparent never naturalised or acquired citizenship there. If an ancestor died holding only an Italian passport this may also serve as evidence but the exact documentation required will be determined by the processing authority. The burden of proof rests entirely on the applicant. This condition ensures that the link to Italy is not just one of several national identities but the primary and sole one for the connecting ancestor.

Exception 2: The Parental Residency Clause

The second exception provides a path for those whose parents demonstrated a strong, recent connection to Italy through physical presence. You may qualify if your parent, who was an Italian citizen at the time of your birth, had been legally and continuously resident in Italy for at least two years immediately prior to your birth or adoption.

Several elements of this clause require careful attention:

• Legal Residence: This is not a casual stay. It means the parent was officially registered as a resident in the records of a local municipality (comune), known as the anagrafe. This requires having a legal basis for staying in Italy such as a residence permit (permesso di soggiorno) or, for EU citizens, exercising treaty rights.
• Continuous Residence: The two-year period must be uninterrupted. Any break in legal residence could disqualify the applicant.
• Timing: The two-year period must be completed before the applicant's birth. A parent who moved to Italy 18 months before their child was born would not meet this requirement.

This exception rewards families who, despite living abroad for a time, made a concrete move back to Italy to build their lives before having children. It ties the right of citizenship not just to blood but to a tangible and recent commitment to living in the country. Applicants pursuing this route will need to provide official residency certificates and potentially other supporting documents to prove the parent's continuous legal presence.

The 27 March 2025 Cut-Off: A Critical Deadline Explained

The implementation of the new rules was defined by a strict cut-off date. Law 74/2025 is clear that the new restrictive measures apply to all cases initiated from the date the original decree came into force. However it also provides a 'grandfather' clause for those who had already started the process.

Any application for recognition of Italian citizenship by descent, whether filed at an Italian consulate abroad, a comune in Italy or with an Italian court, is assessed under the old, more generous rules if it was officially submitted before 23:59 Rome time on 27 March 2025.

This makes the submission date the single most important factor in determining which set of laws governs a person's claim. It is not the date of the consular appointment nor the date a decision is made. It is the date the application was formally accepted and registered by the Italian authorities.

For applicants who successfully filed their paperwork before this deadline, the subsequent legal changes are irrelevant to their case. Their claim will be processed based on the principle of unlimited generations, provided they can prove an unbroken line of descent. This has created a clear dividing line: two sets of applicants whose fates are determined by the date on their submission receipt.

Those who were gathering documents or waiting for a consular appointment but had not formally submitted their file before the deadline are now subject to the new two-generation limit and its strict exceptions. The Ministry of the Interior's circular 26185 of 28 May 2025 confirmed this interpretation, instructing all processing authorities to apply the old law to cases filed before the cut-off and the new law to all subsequent applications. It is a stark reminder of how legislative changes can reshape lifelong ambitions overnight.

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Legal Challenges and the Future of Jure Sanguinis

The introduction of the two-generation limit was a contentious move and it immediately faced legal scrutiny. The future of Italian citizenship by descent is now tied to two significant legal proceedings, one domestic and one at the European level. The outcomes will have profound implications for individuals of Italian heritage worldwide.

The Italian Constitutional Court Ruling

Opponents of the reform swiftly challenged its constitutionality within the Italian legal system. They argued that it created an unfair distinction between citizens and violated the principle of equality. However in a landmark decision, ruling 63/2026 issued in March 2026, the Italian Constitutional Court upheld the new law. The court found that the government was within its rights to regulate the transmission of citizenship and that the new rules were not unconstitutional.

This ruling effectively closes the door on most domestic legal challenges to the law itself. It solidifies the 'Tajani decree' as the settled law of the land in Italy. While individual cases may still be fought based on their specific facts, a broad challenge to the two-generation principle is no longer viable within Italy's court system.

The European Court of Justice Referral

While the domestic challenge failed, a different and potentially more impactful legal question remains unanswered. In a separate case, an Italian court issued order 147/2026, referring a question to the Court of Justice of the European Union (CJEU). This referral asks whether the new Italian law is compatible with the principles of EU law, particularly those concerning EU citizenship.

Citizenship of an EU member state, like Italy, automatically confers EU citizenship. The argument is that by restricting access to its nationality, Italy may be infringing on rights guaranteed under EU treaties. The CJEU is the highest authority on EU law and its rulings are binding on all member states, including Italy.

The case is currently pending before the CJEU and the outcome is unknown. This creates a period of significant legal uncertainty.

• If the CJEU rules that the new Italian law is compatible with EU law, it will further cement the two-generation limit and likely end any serious legal challenges to the reform.
• If the CJEU rules that the law is incompatible with EU law, it could force Italy to amend or even repeal the new restrictions. This might reopen the path for descendants beyond the second generation.

Until the CJEU delivers its judgment, potential applicants are in a state of limbo. Some may choose to wait for the ruling before taking any action, while others may proceed with applications if they believe they meet the current exceptions. Anyone considering an application should discuss the potential impact of this pending case with their legal advisor.

For the wider context, read our full citizenship by investment 2026: every programme, cost & timeline compared.

Alternatives for Descendants Who No longer Qualify

For the many thousands of people whose path to jure sanguinis citizenship has been blocked by the new law, the dream of an Italian passport is not necessarily over. Italy's legal framework provides other routes to citizenship, though they are generally not as straightforward as the old descent route was. The most relevant alternative for those with Italian heritage is a specific form of naturalisation.

Naturalisation After Two Years of Legal Residence

Law 91/1992 contains a provision that benefits the descendants of Italian citizens. An individual who has a parent or a grandparent who was an Italian citizen by birth can apply for naturalisation after establishing legal residence in Italy for just two years. This is a significant reduction from the standard ten-year residency requirement for most non-EU citizens.

While this is a viable option, it is fundamentally different from citizenship by descent in two crucial ways:

1. It Requires Residency: You must first find a legal way to move to Italy and live there continuously for two years. This involves obtaining a visa and residence permit. Options like the Italy elective residency visa or the investor visa could be pathways to establishing this legal residency.
2. It is Discretionary: Unlike jure sanguinis, which was an automatic right if you met the criteria, naturalisation is a discretionary grant. This means the Italian government reviews your application and can approve or deny it based on a range of factors, including your integration into Italian society and your personal conduct. It is not a guaranteed outcome.

Exploring Other European Options

For some, the changes in Italian law may prompt them to explore their heritage from other parts of Europe. Many other countries offer their own forms of EU citizenship by descent, each with its own rules. For example, if you have Irish heritage, you may find that the route to Irish citizenship by descent is still open to you. It is always worth investigating all branches of your family tree. For those with significant capital, residency and citizenship by investment programmes, such as the Italian investor visa programme, offer another distinct route to living in Europe.

How to Apply: Key Steps to Take Now

Navigating the new landscape of Italian citizenship law requires a clear and methodical approach. The stakes are higher and the rules are more complex. Here are the essential steps to take if you believe you might still qualify.

1. Secure a Professional Assessment: Before you do anything else, consult an immigration lawyer or specialist advisory firm with proven expertise in Italian nationality law. The new rules are complex and only an expert can provide an accurate assessment of your eligibility based on your unique family history and the specific exceptions in the law.
2. Gather Comprehensive Documentation: This has always been the most labour-intensive part of the process, but it is now even more critical. You will need to collect vital records (birth, marriage, death and divorce certificates) for every person in your direct line of descent. Crucially, under the new rules, you will also need to source documents proving the exclusivity of your parent's or grandparent's Italian citizenship or proving your parent's two-year legal residency in Italy.
3. Ensure Documents are Legalised and Translated: All official documents issued outside of Italy must be legalised for use in Italy. This is typically done by obtaining an Apostille certificate. Afterwards, the documents must be translated into Italian by a certified translator. Failure to complete these steps correctly will result in the rejection of your application.
4. Book Your Application Appointment: Depending on your circumstances, you will apply at the Italian consulate that has jurisdiction over your place of residence or directly at a comune in Italy. Securing an appointment at a consulate can be extremely difficult and may involve long waits. You should check the specific booking procedures for your local consulate and be persistent.
5. Submit Your Application: On the day of your appointment, you will submit your complete file of documents. The official who receives your application will review it for completeness. If it is accepted, it will be processed. Some family lines can only be pursued through an Italian court rather than a consulate or comune. Your legal adviser will confirm the correct venue for your claim.

If your family line does not qualify for Italy, our guide to EU citizenship by descent explains how other member states treat ancestry claims.

Frequently asked questions

What exactly is the new two-generation rule for Italian citizenship?

The new rule, which applies to applications filed after 23:59 Rome time on 27 March 2025, states that individuals born abroad with another citizenship no longer automatically get Italian citizenship by descent. They can now only qualify if their parent or grandparent held exclusively Italian citizenship or if their parent lived legally in Italy for two years before their birth. This effectively limits claims to two generations for most people.

I submitted my application in 2024. Am I affected by the new rules?

No. The law includes a grandfather clause. Any application for citizenship by descent that was formally filed and registered with an Italian consulate, comune or court before 23:59 Rome time on 27 March 2025 will be assessed under the old rules, which had no generational limit.

Does Italy allow dual citizenship?

Yes, Italy allows its citizens to hold citizenship of other countries. The new rules do not change this. However, the new law now uses an ancestor's exclusive Italian citizenship as a condition for the applicant to acquire Italian citizenship by descent, which is a separate issue from whether the applicant can ultimately hold italian dual citizenship.

Can I still claim Italian citizenship through my great-grandparent?

For most new applicants, this is no longer possible. The new law generally limits claims to a parent or grandparent. If you filed your application before 23:59 Rome time on 27 March 2025, your claim through a great-grandparent can still proceed. Otherwise, you would not qualify unless you can find a way to meet one of the other narrow exceptions.

What does 'exclusively Italian citizenship' mean?

This means your qualifying parent or grandparent held only Italian citizenship and no other citizenship at the time of your birth or their death. For example, if your Italian grandmother had also acquired Canadian citizenship by birth or naturalisation, she would not be considered 'exclusively Italian' and you could not use this exception to qualify.

How long does it take to get Italian citizenship by descent?

Processing times vary enormously depending on where you apply. Some consulates have backlogs that stretch for several years, while applications in Italian comuni can sometimes be faster. The new rules could potentially change processing dynamics. You should check directly with the consulate or your legal advisor for an estimate, but be prepared for a long wait.

Is there a language or culture test for jure sanguinis citizenship?

No, there is no language, culture or integration test to acquire Italian citizenship by descent (jure sanguinis). The claim is based solely on proving your lineage and meeting the legal requirements. However, if you pursue the alternative path of naturalisation through residency, you will likely need to demonstrate proficiency in the Italian language.

What if my Italian ancestor naturalised as a US citizen?

This has always been a key factor. If your Italian ancestor naturalised in another country before the birth of their child (the next person in your line), the line of citizenship was broken. This rule has not changed. The new law adds the further requirement that a qualifying parent or grandparent must not have held any other citizenship at all.

The EU Court of Justice is reviewing the law. Should I wait to apply?

This is a strategic decision you should discuss with a legal professional. Waiting for the CJEU ruling could provide clarity but there is no guarantee the ruling will be in favour of applicants. If you believe you qualify under the current exceptions, you could proceed with an application now. An expert can help you weigh the risks and benefits.

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Sources

• Law 74 of 23 May 2025, converting Decree-Law 36 of 28 March 2025 (Gazzetta Ufficiale)
• Law 91 of 5 February 1992, 'New rules on citizenship'
• Italian Ministry of the Interior, Circular No. 26185 of 28 May 2025
• Italian Constitutional Court, Ruling No. 63/2026
• Order of Referral to the Court of Justice of the European Union, No. 147/2026