On October 3, 2024, the Italian Ministry of the Interior released updated guidelines concerning Italian citizenship by descent (jus sanguinis). These changes affect pending citizenship applications and clarify how citizenship by descent will be interpreted going forward. These guidelines align with recent rulings by Italy’s Supreme Court (Cassazione) and apply to applications submitted through Italian consulates and Italian municipalities.

Key Updates on Italian Citizenship by Descent:

1. Loss of Citizenship for Minor Children:

If your Italian-born ancestor was naturalized in another country while their child (born outside of Italy) was still a minor—under 21 years old before March 1975 or under 18 after— that child automatically lost Italian citizenship. This can disrupt the citizenship inheritance chain, making descendants ineligible for Italian citizenship by descent, unless the child chose Italian citizenship as their sole nationality within a year of becoming an adult.

2. Guidelines vs. Legal Standing:

These new guidelines are administrative instructions for consulates and municipalities, not new laws. They do not impact cases under court adjudication, meaning you may still have a legal path if your application is denied. It’s crucial to understand that these changes primarily affect administrative proceedings at Italian consulates.

3. Impact of Law No. 555/1912:

Under Law No. 555/1912, acquiring another nationality led to an automatic loss of Italian citizenship until the introduction of Law No. 91/1992, which allowed for dual nationality. If your ancestor was naturalized between 1912 and 1992, and their child was a minor, it could affect your application for Italian citizenship by descent.

4. Eligibility Based on Naturalisation:

If your Italian-born ancestor became naturalized between 1912 and 1992, your eligibility for citizenship depends on whether their child was an adult at the time. If the child was a minor, your application may face rejection under the new guidelines.

5. Legal Recourse Through Courts:

While consulates are bound by these guidelines, courts are not. If your application is denied at the consulate level, you may still have a chance of success through legal proceedings.

Example Case:

Consider Giorgia, who is applying for Italian citizenship by descent through her paternal grandfather, Franco, born in Italy but later emigrated to the UK. Giorgia’s father, John, was born in 1949 in the UK. Franco became a naturalized British citizen while John was still a minor. As a result, John automatically lost his Italian citizenship and didn’t reclaim it upon reaching adulthood. According to the new guidelines, Giorgia would no longer be eligible for Italian citizenship.

Variations Across Italian Consulates:

Different Italian consulates may handle these updates differently. Some may implement the changes immediately, while others may take longer. It’s worth noting that applications currently in process or already accepted will not be impacted.

If you’re considering applying for Italian citizenship by descent, it’s essential to stay updated on these developments. For guidance on how these changes might affect your case, it’s recommended to consult with a legal expert in Italian citizenship law.

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