Italian Senate approves bill to convert Law-Decree 36/2025

Yesterday, May 15, 2025, the Senate approved the bill to convert Decree-Law 36/2025 in the text proposed by the Constitutional Affairs Committee with 81 in favor, 37 against and no abstentions. The first step toward the final conversion of the measure into law, which must take place by May 27, has been taken, and the issue then passes to the Chamber of Deputies.

Below is a summary of the content and the main changes and additions that were included in the text approved by the Senate:

·      the position of those who have been recognized as Italian citizens under the regulations in force prior to the entry into force of Decree-Law 36/2025 is safeguarded, those who at midnight on March 27, 2025 have already filed a petition for recognition of citizenship (whether through consular or municipal administrative channels or before a court), and those who on that date have obtained an appointment by the consular or municipal office responsible for filing the petition 

·      the generational limit to the second generation is reconfirmed, the requirement of birth in Italy is eliminated but an additional limit is introduced related to the fact that the first or second-degree ascendant must be or have been solely an Italian citizen at the time of his or her death 

·      in the case of a parent or adopter who has acquired Italian citizenship, the same must have lived at least 2 consecutive years in Italy after the acquisition or reacquisition and before the birth or adoption of the child 

·      a foreign or stateless minor, descended from a father or mother who is an Italian citizen by birth, becomes an Italian citizen if the parents themselves, or the guardian, declare their will to acquire that status and subsequently the minor resides in Italy legally and continuously for at least two years. Alternatively, the declaration of will must be submitted within one year of the child's birth or the subsequent date on which filiation with an Italian citizen is established, including by adoption. The minor who has come of age then has the option of renouncing Italian citizenship if he or she holds another upon reaching the age of majority 

·      minors who are children of citizens by birth under the new legislation, the declaration of intent to acquire the status referred to in the preceding point may be submitted by 11:59 p.m., Rome time, on May 31, 2026 

·      the admissibility, in judicial disputes on citizenship recognition, of oaths and testimonial evidence is excluded and the burden of proof of the non-existence of the causes of non-acquisition or loss of citizenship provided for by law is placed on the applicant 

·      a new type of residence permit is introduced, qualifying for work and not subject to the quota system of the flows decree, for foreigners residing abroad, descendants of Italian citizens and in possession of the citizenship of a country of destination of significant flows of Italian emigration (list of countries to be defined by decree of the Minister of Foreign Affairs) 

·      the period of residence in Italy for the purposes of applying for citizenship for foreigners whose parent or grandparent is or was an Italian citizen by birth is reduced to two years (from the current three years)

·      those who were born in Italy or have been resident there for at least two continuous years and have lost their citizenship under Law 555/1912, have the possibility to regain it by making a declaration between July 1, 2025, and December 31, 2027, at the competent consular offices

According to the explanatory report to the approved bill, the intent of the intervention is to connect the transmission of citizenship to the existence of an effective link with Italy, both in the case of citizen ascendants and descendants.

The conversion bill will now have to go to the Chamber of Deputies for discussion and vote for final approval for the purpose of entry into force: the next few days will therefore be crucial for the conclusion of the process, which, as a final date, we recall, has next May 27, 2025.

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The content of this article is intended to provide general information on the topic. For doubts or specific cases, it is advisable to seek specialized legal advice tailored to your particular situation.