Minor issue resolved: what is the impact of eliminating this rule for applicants seeking Italian citizenship by descent?

The issue known as the “minor issue” had long represented one of the most debated obstacles in proceedings for the recognition of Italian citizenship by descent. Indeed, the interpretation adopted in recent years by the Ministry of the Interior and, consequently, by Italian Consulates and Municipalities, had cast doubt on numerous lines of descent in which an Italian parent had naturalized in another country while the child was still a minor.

The situation changed with the ruling of the Joint Chambers of the Court of Cassation of July 26, 2026, Judgment No. 24045/2026. The decision clarified that the naturalization of a parent, occurring while the child was a minor born abroad, does not automatically result in the loss of the child’s Italian citizenship, nor does it necessarily interrupt the transmission of citizenship along the family line.

This is a particularly significant clarification for many descendants of Italians, especially those who in recent years had been denied recognition precisely because of the previous interpretation of the legislation.

What was meant by the “minor issue”?

The so-called “minor issue” arose from the interpretation of certain provisions of Italian citizenship legislation and concerned a relatively specific situation.

Generally speaking, it involved cases in which an Italian citizen who had emigrated abroad naturalized in the country of destination while his or her child, born outside Italy in a country applying the principle of jus soli (such as the United States), was still a minor.

For a long time, the prevailing interpretation considered the child to be Italian from birth and held that the subsequent naturalization of the parent was not, in itself, sufficient to interrupt the child’s citizenship.

This approach had allowed numerous descendants to have their Italian citizenship recognized for decades.

Beginning in 2023, however, certain decisions of the Court of Cassation introduced a more restrictive approach. According to this interpretation, the parent’s naturalization while the child was a minor could affect the continuity of Italian citizenship, with direct consequences for subsequent generations.

This change in interpretation created considerable uncertainty. On October 3, 2024, the Ministry of the Interior therefore issued Circular No. 43347, instructing consulates and municipalities to apply the restrictive interpretation when examining applications for citizenship by descent.

For many applicants, therefore, a genealogical line that had until recently appeared valid had suddenly become problematic.

The Joint Chambers’ decision changes the legal framework once again

The ruling of July 26, 2026, is particularly important precisely because it was issued by the Joint Chambers of the Court of Cassation, which had been called upon to resolve the conflict of interpretation that had developed in previous years.

The principle established by the Court restores central importance to the idea that Italian citizenship acquired at birth is not automatically lost merely because the Italian parent subsequently naturalized in another State while the child was a minor.

In other words, the parent’s naturalization cannot, in itself, be regarded as sufficient to sever the continuity of the child’s citizenship.

The practical consequence is significant: numerous lines of descent that had been considered problematic on the basis of the previous interpretation may once again be assessed under the preceding legal framework.

This does not, however, mean that every application will automatically be approved. All other requirements established by Italian law, as well as the documentation relating to the specific family line, must still be verified.

Does the judgment also have effects in administrative proceedings?

It is important to distinguish between the interpretation of the law provided by the Court and administrative instructions.

Judgment No. 24045/2026 does not constitute new legislation and did not automatically repeal Circular No. 43347 of the Ministry of the Interior. Its importance derives from the fact that it establishes an authoritative interpretative position that Italian courts will have to take into consideration in proceedings brought before them.

For consulates and municipalities, however, an additional administrative step was necessary for the new interpretation to be fully accepted and implemented in ordinary procedures. This was carried out through the Ministry of the Interior’s circular of August 26, 2026, addressed to Italian municipalities and Italian consulates abroad.

What changes for those who have received a refusal from a consulate?

The situation is different for those who have already received a refusal based exclusively on the previous interpretation of the “minor issue.”

The new ruling of the Court of Cassation and the new ministerial instructions may constitute a very important legal basis for challenging that refusal before the competent Italian court or for requesting a reconsideration by the competent Consulate or Municipality.

The key point will be to verify the precise reasons for the refusal. If the only obstacle identified by the authority was the alleged interruption of citizenship resulting from the parent’s naturalization while the child was a minor, the new interpretation of the Joint Chambers could substantially change the assessment of the case.

Naturally, each situation must be examined individually, particularly in order to verify dates, naturalizations, civil-status events, and any other elements that may affect the transmission of citizenship.

A new scenario for those seeking Italian citizenship by descent

The decision of the Joint Chambers therefore represents an important turning point, but it should not be interpreted as an automatic solution for every case.

Italian citizenship by descent continues to depend on the reconstruction of the specific genealogical line and on verification of all the requirements established by law.

The most important development, however, concerns the possibility of no longer automatically considering a line of citizenship to have been interrupted solely because the Italian parent had naturalized abroad while the child was a minor.

For some descendants, this may mean reopening a possibility that had appeared to be definitively excluded. For others, it may entail the need to reassess a rejected application, an unsuccessful lawsuit, or a proceeding that had previously been abandoned.

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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.

Article written by Alessia Ajelli, Managing Associate of LCA Studio Legale, Italian lawyer specialized on Italian immigration and citizenship law, and Paolo Grassi, Trainee of LCA Studio Legale.