First guidelines and instructions of the Ministry of the Interior following the approval of Law 74/2025 on Italian citizenship

On May 29, 2025, Circular 26185 of May 28, 2025, was published by the Ministry of the Interior, providing initial operational instructions for municipal civil registry offices dealing with applications for recognition of Italian citizenship.

The circular reiterates the contents of Law 74/2025—which we have already analyzed in our article - starting from the new principle that Italian citizenship is not automatically transmitted to those born outside Italy: according to this new system, in fact, those born abroad even before the law came into force and in possession of another citizenship are considered never to have acquired Italian citizenship, except in specific cases provided for by the reformed Article 3 bis, paragraph 1, of Law 91/1992.

No interruption of the line of descent

An important clarification provided by the circular is that those who fall within the cases provided for in the aforementioned Article 3 bis, paragraph 1, may be granted Italian citizenship on the basis of existing mechanisms of transmission, among which the need for an uninterrupted line of descent stands out. It is therefore not sufficient, for example, to have an Italian grandparent who died without becoming a naturalized citizen of another country if the line of descent was interrupted due to the renunciation or naturalization of the father of the person concerned.

The circular also clarifies that municipalities, when assessing applications for recognition of Italian citizenship submitted before March 27, 2025, or with an appointment set and communicated to the interested party before that date, may continue to apply the rules laid down in the famous Circular K28.1 of April 8, 1991, clarifying that this case also includes minors whose parents requested the transcription of their birth certificate before March 27, 2025.

Exclusive citizenship of the grandfather or parent at the time of birth of the person concerned

With reference to proof of compliance with the new rule whereby at least one of the applicant's parents or grandparents must be or have been exclusively Italian citizens, it is clarified that the reference point is the date of birth of the person concerned: it is up to the latter to prove that at the time of their birth (or at the time of the death of their ascendant if this occurred before their birth) their parent or grandparent was exclusively an Italian citizen. This proof may also be provided and requested by municipalities upon presentation of various documents such as certificates of non-naturalization, certificates of non-renunciation, certificates of non-registration on the electoral rolls of the foreign country, while mere declarations in lieu of affidavits made by the interested party may not be used.

In cases of transmission of citizenship linked to residence, it is clarified that municipalities must request the presentation of historical residence certificates showing the continuous and uninterrupted residence of the person concerned after the acquisition of citizenship by the parent or adopter.

Acquisition of citizenship by newly adults

The circular clarifies that foreigners or stateless persons who have at least one parent or grandparent who is or was a citizen by birth may declare their intention to acquire citizenship if, upon reaching the age of majority, they have been resident in Italy for at least two years.

Acquisition of citizenship by foreign or stateless minors

Minors born abroad whose parents do not automatically pass on Italian citizenship have the option of acquiring it: the circular clarifies that this is an acquisition by operation of law and not iure sanguinis; therefore, minors will become Italian citizens only from the day following the fulfillment of the conditions laid down by law.

The provision of Article 4, paragraph 1 bis applies only to children of parents who have acquired citizenship iure sanguinis, thus excluding those who have acquired it through marriage or naturalization. For these children, both parents or the guardian must pay a fee of €250 and submit a declaration of intent to acquire citizenship and, alternatively, (i) the minor must have resided in Italy for at least two consecutive years or (ii) the declaration must have been submitted within one year of birth. In the case of non-contemporary declarations by the parents, the date of the second parent's declaration shall be taken as the reference date.

Acquisition of citizenship for minor children of Italian citizens born abroad

The circular clarifies the scope of the transitional provision referred to in Article 1, paragraph ter: for minors who are children of Italian citizens by birth and who were such on May 24, 2025, the declaration of intent to acquire Italian citizenship may be submitted by 11:50 p.m. on May 31, 2026, by the parents or by the interested party themselves if they have reached the age of majority in the meantime, together with the payment of a contribution of €250.

Citizenship by residence for descendants of Italians

The reduction in the period of residence required for the granting of citizenship under Article 9 of Law 91/1992 is confirmed, from 3 to 2 years, for those who have at least one grandparent or parent who is or was Italian by birth.

Minor children of those who acquire or reacquire Italian citizenship

The circular provides operational guidance to civil registry officials in municipalities dealing with cases of minor children of parents who have acquired or reacquired citizenship. In particular, they must:

- apply the rules in force prior to the reform if the acquisition/reacquisition took place before May 23, 2025

- if the acquisition/reacquisition took place after May 23, 2025, verify that the minor has been resident in Italy for at least two years prior to the naturalization of the parent (or continuously since birth if under two years of age)

- that the minor and the parent are actually living together at the time of acquisition/reacquisition

Reacquisition of citizenship

Those who were born in Italy or have been resident for at least 2 consecutive years and lost their citizenship before August 15, 1992, pursuant to the previous Law 555/1912 – e.g. by naturalization as a citizen of another country, renunciation due to involuntary acquisition of another citizenship, or loss of citizenship by a naturalized minor together with their parent – are granted an extension to submit a declaration for reacquisition between July 1, 2025, and December 31, 2027. This declaration must be submitted in person by the interested party before a civil registrar.

Your Way to Italy: our assistance

These changes have a significant impact on the situation of many Italian descendants around the world: for an assessment of your specific case, please contact our team at yourwaytoitaly@lcalex.it.

The content of this article is intended to provide a general guide on the subject. You should seek specific advice for your particular case.