Italian citizenship iure sanguinis: the main changes with the new decree

Italy has implemented a significant reform to its citizenship law with the law-decree No. 36 of March 28, 2025, which introduces important changes regarding citizenship by descent. This new legislation limits the right to italian citizenship only to second-generation descendants, that is, those with at least one parent or grandparent born in Italy.

The reform also introduces an "active link criterion," which requires italian citizens born and residing abroad to demonstrate an effective connection to Italy every 25 years, whether through voting, passport renewal, or compliance with tax obligations.

Impact on the procedure before italian consulates

One of the main proposed changes regarding the process for recognizing italian citizenship by descent is the centralization of the evaluation of citizenship applications. Since the entry into force of Legislative Decree 36/2025, italian consulates around the world, including those in New York, Philadelphia, Houston, Rio de Janeiro, and Santiago, have temporarily suspended appointments and the acceptance of citizenship applications and birth certificate transcripts. Indeed, according to the general reform announced by the italian government, applications for citizenship by descent will no longer be evaluated by consulates, but by the Italian Ministry of Foreign Affairs (Farnesina). Even though the decree is now in force, its enactment into law must still be approved by Parliament within 60 days, so changes could still occur.

Who is eligible according to the new rules

According to law-decree No. 36/2025, Italian citizens at birth will be considered only descendants born outside Italy who:

• have applied for Italian citizenship (in front of Italian Consulates or Municipalities) within March 27, 2025
• have filed a judicial recourse before an Italian Court within March 27, 2025
• have a parent or a grandparent who was born in Italy (grandparents or great grandparents will not be taken in consideration anymore)
• have a parent who has lived in Italy for at least 2 continuous years before their birth

Further changes expected to be approved

As part of the general reform decided by the Italian government, which as mentioned is based on the principle of an “active link criterion” showing effective ties to Italy, a new law is under discussion. The draft of this law - which is still under discussion and review - provides for further changes that stress the above mentioned concept of effective ties to Italy grounded it on the establishment of residence in the country. Such forecasted changes include:

• the need for descendants of Italian citizens born abroad to register their birth certificates with the competent Italian authorites before turning 25 years old
• loss of citizenship for non-resident citizens born abroad who fail to maintain ties with Italy for 25 years (e.g. by not exercise the right to vote or request passport renewal)
• spouses of Italian citizens could only obtain citizenship if they reside in Italy with their Italian spouse
• the processing timing for citizenship applications would be increased to 48 months
• Farnesina (Ministry of Foreign Affairs) with a centralized office would be in charge of citizenship applications for individuals residing abroad

The Government's stated objectives of the reform

According to the italian Government, this reform would respond to a significant growth in citizenship applications from abroad, which has led to a 40% increase in the population of italians living abroad over the past ten years. This has overloaded consulates and the italian administrative and judicial system, generating more than 60,000 pending court proceedings. The reform, therefore, would aim not only to limit access to citizenship to those with a weaker connection to Italy, but also to improve the efficiency of procedures, centralizing the process and concentrating efforts on maintaining an active and committed relationship with the country.

In this context, the new legislation would reinforce the need for a genuine connection to the country, distinguishing between those with a real connection to Italy and those who simply want the benefits of citizenship.

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The content of this article is intended to provide general guidance on the subject. It is necessary to seek specialized advice regarding your specific situation.