The new path to citizenship

You will remember in my article some months ago of the possible changes in obtaining Italian citizenship for the Italian-American community. Now, a major change to Italian citizenship law is here — and it’s official. On May 23, Italy’s Gazzetta Ufficiale published Law No. 74, converting Decree-Law No. 36 into law, with immediate effect starting May 24.

What does this mean? For many Italian Americans dreaming of reclaiming their ancestral roots through jure sanguinis (literally, by right of blood), the landscape has just shifted — dramatically. The new law introduces a generational limit on the transmission of Italian citizenship for individuals born abroad. In other words, not all descendants of Italians born outside of Italy will automatically be eligible anymore. But — don’t panic yet — there are some important exceptions that could still keep the door open.

If you’ve already started the process

If you submitted a complete application (with all required documents) to the Italian authorities — whether a Consulate, Comune, or Court — on or before March 27, 2025, you’re in luck. Your case will be reviewed under the old rules, before the new law came into play.

What if you didn’t submit yet, but had a confirmed appointment with a consulate or authority that was scheduled and communicated to you before March 27? Good news again: your case still falls under the previous regime.

If you haven’t started yet, but have strong ties

Even under the new rules, there are still pathways open — if you meet specific conditions. You can still qualify for Italian citizenship if:

• You have a parent or grandparent who held only Italian citizenship (and no other) at the time of their death, or still holds it today;
• You have a parent or adoptive parent who was resident in Italy for at least two continuous years after becoming an Italian citizen, and before your birth or adoption.

These provisions aim to limit distant claims while preserving the rights of those with direct and tangible links to Italy.

A quiet but powerful reopening

One provision that deserves special attention — quietly tucked into the new law but hugely significant — reopens the doors for many ex-citizens. Thanks to a revised version of Article 17 of Law 91/1992, as clarified by Circular 59 of June 17, 2025, there is now a pathway for those who lost Italian citizenship before August 15, 1992 — the eve of the current citizenship law’s entry into force.

Specifically, anyone who was born in Italy, or resided there for at least two continuous years, and who lost citizenship under the old 1912 law (due to naturalization abroad or renunciation following foreign acquisition), may reacquire Italian citizenship by simple declaration. The window opens July 1, 2025, and closes December 31, 2027 — a generous timeline for thousands of Italian-Americans with personal or family histories affected by the older rules. No tests, no exams — just paperwork, and another chance to rejoin the fold.

What about minor children?

Italy didn’t forget the kids. There’s a transitional framework for minors — with deadlines to keep an eye on.

• If your child was under 18 on May 24, 2025, you have time: you can file a declaration for them to acquire Italian citizenship until May 31, 2026.
• If your child is under 1 year old, a declaration filed within their first year of life is enough.
• If your child is over 1 but still a minor, they’ll need to live in Italy for two continuous years after you file the declaration.
• Once they turn 18, these children will have the right to renounce Italian citizenship, if they also hold another nationality.

Now what?

If you were already deep into the citizenship recognition process — or even just waiting for your consulate appointment confirmation — you might still be eligible under the prior rules. But if you’ve been sitting on the idea, unsure whether to act, or in the hard process of documents collection … time may not be on your side.

Whether you’re a proud nonna’s grandson or just really into reclaiming your roots, this is the moment to get informed, review your family history, and act swiftly if needed.

Because in Italy, as you may have learned already, citizenship may be a birthright — but now, it also comes with a deadline.

This is the state of play as of today, but don’t be surprised if we see further tweaks — or even a Constitutional Court challenge — before the story is over.

This article is for general information. Consult a qualified attorney for individual cases.

Send your questions regarding Italian law to cbortolani@aliantlaw.com and I’ll be glad to answer them.

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