Following the changes introduced by Decree-Law 36/2025, as confirmed by the conversion Law 74/2025 published last May 23, 2025, the Italian citizenship by descent rules have been disrupted under many aspects, among which the most relevant and impactful has been the introduction of a generational limit – up to grandparents – for those who want to claim Italian citizenship by blood.
Although many individuals who were previously eligible to apply will no longer be according to the new rules, not everything is lost: in fact, Article 1-bis of Law 74/2025 provides for the possibility for descendants of Italian citizens to apply for a work authorization, national D visa and residence permit for subordinate work according to a procedure that will not be subject to the quota mechanism set forth by the “decreto flussi”.
Italian immigration law already provides for a number of visas and residence permits not subject to quota mechanism in accordance with the provision of Article 27 of L.D. 286/98 for certain categories (EU Blue Card, ICT and EU ICTs, service agreement, digital nomads etc) and this new extra-quota work permit has been added to article 27, paragraph 1-octies.
The main requirements to apply for this work authorization, visa and residence permit are the following:
- the applicant must have received a job offer from an Italian employer to work as subordinate worker
- the applicant must live out of Italy and be a descendant of an Italian citizen, even if for the time being the way in which ancestry shall be demonstrated has not been clarified yet
- the applicant is a citizen of a country where Italian emigration flux in the past was consistent: the specific countries which will be considered for this purpose must be set by the Ministry of Foreign Affairs together with Ministry of Interior and Ministry of Labour with the approval of a decree, which is expected in the near future
The opportunity granted with the introduction of this new work visa and residence permit can be a valid option for those who have Italian ancestry and who are no more eligible to claim Italian citizenship by descent according to the new regulations: indeed, they will have the opportunity to move to Italy and work and after taking residency in the country, potentially accrue the necessary amount of time to apply for Italian citizenship by residency and eventually obtain an Italian passport.
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The content of this article is intended to provide a general guide on the subject. You should seek specific advice for your particular case.