- Decree-Law 36 of 28 March 2025, converted with amendments into Law 74 of 23 May 2025, introduced art. 3-bis into Law 91/1992 and ended unlimited transmission by descent.
- The new rule is not "two generations": a person born abroad who holds another citizenship is deemed never to have acquired Italian citizenship, subject to a closed list of exceptions. The most common one requires a parent or grandparent who held exclusively Italian citizenship.
- The Constitutional Court, in ruling 63/2026 filed on 30 April 2026, held the challenges to the retroactivity of art. 3-bis partly inadmissible and partly unfounded. On 26 July 2026 the Joint Divisions of the Court of Cassation then held that a minor born abroad who was a dual national from birth keeps Italian citizenship even if the parent naturalises or loses it.
- If you no longer qualify, other routes into Italy remain — including one designed specifically for people of Italian descent, introduced by the reform itself (art. 1-bis).
Every month I get requests from people who want to know whether they qualify for Italian citizenship through their great-grandparents. Argentina, Brazil, Venezuela, the United States, Canada: a whole world of descendants of Italian emigrants. Until March 2025 the jure sanguinis route was one of the most generous in the world.
It no longer is. And what matters is understanding exactly where the line now sits, because a great deal of imprecise information is circulating — starting with the idea that the reform "caps it at two generations", which is not what the statute says.
Here is what the legal text actually says, who still qualifies, what the courts have decided, and what concrete options remain if your case falls outside.
Index
What Is Jure Sanguinis and Why It Matters
Jure Sanguinis (Latin: "by right of blood") is the legal principle by which a child acquires the citizenship of their parents regardless of the place of birth. Italy has one of the most ancient traditions of this principle: it was formalized in the Italian Civil Code of 1865 and confirmed in all subsequent reforms (1912, 1992, 2000).
Why it matters so much
- It opens the door to an EU passport: you can live, work and study anywhere in the EU
- It eases access to the Impatriati regime: For workers who transfer tax residence to Italy from 2024 onward, Article 5 of Legislative Decree 209/2023 exempts 50% of qualifying employment and self-employment income produced in Italy, or 60% for a worker relocating with a minor child or having a birth/adoption during the benefit period, with the minor resident in Italy. Relief applies to up to €600,000 of qualifying income per tax period; the excess is taxed normally. It lasts five tax periods (the transfer year and the following four).
- It eases access to the new-residents regime (art. 24-bis of the Income Tax Code), the flat substitute tax on foreign-source income, if your wealth sits outside Italy
- For over a century it was the most far-reaching EU citizenship by transmission: no generational limit, as long as the chain was unbroken
Until March 2025 the route was open to descendants without any generational limit. The reform sharply reduced that universe — which is exactly why it matters to understand precisely where the new boundary lies.
The Fundamental Principle
The rule, before the 2025 reform, was simple:
An Italian citizen who emigrates abroad transmits citizenship to all their descendants (children, grandchildren, great-grandchildren, etc.) provided that at the moment of birth of each generation, the Italian ancestor was still an Italian citizen and had not acquired another citizenship.
This is the principle of "no interruption". A single link broken (for example: an ancestor who naturalised as American before the birth of the next generation) interrupted the chain.
Decree-Law 36 of 28 March 2025 (the "Tajani decree") was converted with amendments into Law 74 of 23 May 2025 (Gazzetta Ufficiale no. 118 of 23/05/2025). It inserted art. 3-bis into Law 91/1992.
The new rule, in one sentence
A person born abroad who holds another citizenship is deemed never to have acquired Italian citizenship — including in respect of facts predating the provision's entry into force — unless one of the closed list of exceptions in art. 3-bis applies.
Note the legal construction: the statute does not say you lose citizenship. It says you never acquired it. That distinction, seemingly formal, proved decisive in the constitutional review, as we will see.
The exceptions: who is spared
| Exception | Situation |
|---|
| Application filed before the cut-off | Citizenship already recognised following a complete application filed with a consulate or Comune before 23:59 (Rome time) on 27 March 2025 |
| Appointment communicated before the cut-off | Application filed on the date of an appointment communicated to the applicant by the competent office before 23:59 on 27 March 2025 |
| Court claim filed before the cut-off | Citizenship declared by a court, on a claim filed before 23:59 on 27 March 2025 |
| Exclusively Italian parent or grandparent | A parent or grandparent holds — or held at the time of death — exclusively Italian citizenship |
| Two years' residence in Italy | A parent or adoptive parent was resident in Italy for at least 2 continuous years after acquiring Italian citizenship and before the child's birth or adoption |
Also outside the new regime (pre-reform rules continue to apply):
- anyone born on Italian territory, even if holding another citizenship;
- anyone who holds no other citizenship besides Italian.
The most widespread error: reading the reform as a "two-generation limit". It is not. The exception for the parent or grandparent does not ask for an Italian grandparent: it asks for an exclusively Italian grandparent — one with no other nationality at all. An Italian grandparent who naturalised as Argentine, Brazilian or American does not trigger this exception, even though they are your direct grandparent. The requirement was clarified by Ministry of the Interior circular no. 26185/2025.
Cost of the procedure
A consular fee of €600 applies to the handling of a recognition claim by an adult person (art. 7-bis of the consular tariff, the table annexed to Legislative Decree 71/2011). It is a mandatory contribution for processing the file and does not guarantee a favourable outcome.
Who Qualifies Today (2026)
Forget counting generations for a moment and answer these questions in order. This is how a file is assessed today.
Step 1 — Were you born in Italy, or do you hold no other citizenship?
✅ Yes → art. 3-bis does not affect you. Pre-reform rules apply. Proceed with the classic chain-of-transmission analysis.
Step 2 — Did you file an application (or hold a confirmed appointment, or file a court claim) before 27 March 2025?
✅ Yes → you are covered by one of the exceptions tied to the 27 March 2025 cut-off. Your file is judged under the old rules, with no generational limit. This is precisely the part the Constitutional Court upheld in 2026.
Step 3 — Do you have a parent or grandparent with exclusively Italian citizenship?
That is: someone who never naturalised elsewhere and held no other nationality — not even by ius soli of their country of birth.
✅ Yes → you qualify under the exclusive-citizenship exception.
❌ No → continue.
Watch out — a very common pattern in Argentina and Brazil: a grandparent born in Argentina to Italian parents was Argentine by ius soli from birth, in addition to Italian. That is not "exclusively Italian", so this exception does not apply.
Step 4 — Did either of your parents live in Italy for at least 2 consecutive years, after obtaining Italian citizenship and before you were born?
✅ Yes → you qualify under the two-year residence exception.
❌ No → you do not qualify administratively under the new regime.
Visual summary
| Your situation | Status in 2026 |
|---|
| Parent who is exclusively Italian | ✅ Qualify (exclusive citizenship) |
| Grandparent who is exclusively Italian | ✅ Qualify (exclusive citizenship) |
| Dual-national parent who lived 2 years in Italy before your birth | ✅ Qualify (two-year residence) |
| Application or court claim filed before 27/03/2025 | ✅ Old regime (cut-off exceptions) |
| Italian parent or grandparent with dual nationality, without the 2-year residence | ❌ Not administratively → assess the judicial route |
| Italian great-grandparents, rest of the chain dual-national | ❌ Not administratively → assess the judicial route |
| You were born in Italy | ✅ Old regime, unchanged |
Minor Children: Deadlines Extended to 2029
This is the chapter where the situation has most changed in families' favour, and where outdated information is everywhere.
Minor children born abroad to an Italian citizen who does not transmit citizenship automatically may acquire it by "benefit of law", through a formal declaration by the parents before a consulate or Comune.
| Birth / filiation | Regime | Deadline for the declaration | Contribution (art. 9-bis) |
|---|
| Before 25 May 2025 (and a minor on 24/05/2025, child of a citizen by birth covered by the 27 March 2025 cut-off exceptions) | Transitional | 31 May 2029 | The €250 contribution does not apply |
| From 25 May 2025 | Ordinary | 3 years from birth or from establishment of filiation/adoption | The €250 contribution does not apply |
| Minor who is already a citizen by automatic transmission | — | No deadline: only transcription of the birth record | — |
Two developments worth knowing:
- Extension to 31 May 2029: Law 26 of 28 February 2026, converting Decree-Law 200 of 31 December 2025 (the "Milleproroghe"), extended the transitional deadline to 31 May 2029. If you read somewhere that this deadline has expired, that information is out of date.
- A three-year ordinary term, and no €250 contribution: Law 199 of 30 December 2025 (2026 Budget Law), art. 1, paragraph 513, extended the term for the declaration from one to 3 years from birth or from the establishment of filiation (not exclusively one year, as the previous text provided) and provides that the €250 contribution of art. 9-bis, comma 2, of Law 91/1992 does not apply to those declarations. Ministry of the Interior circular prot. 889/2026 confirmed this, for applications filed from 1 January 2026.
Important: acquisition by "benefit of law" is not citizenship by birth or jure sanguinis. Under art. 15 of Law 91/1992, the minor is not a citizen from the day of birth but from the day after the declaration. This has practical consequences for transmission to the next generation.
If the person concerned, a minor on 24 May 2025, reaches 18 in the meantime, they must file the declaration themselves within the same deadline.
What the Courts Have Decided: Ruling 63/2026 and After
In ruling no. 63/2026, filed on 30 April 2026, on a referral from the Tribunale di Torino, the Italian Constitutional Court ruled on the constitutional challenges to art. 1 of D.L. 36/2025, which introduced art. 3-bis, declaring them partly inadmissible and partly unfounded.
The censure under art. 3 of the Constitution was declared unfounded: art. 3-bis configures an original preclusion of acquisition of Italian citizenship for people born abroad, not a revocation of an existing status. The Court added that the provision does not affect consolidated positions — the status and rights of those already recognised as Italian citizens, or the position of those who have filed an application or received an appointment — and that the decree contains compensating measures to facilitate entry into Italy and the acquisition of citizenship by people of Italian origin.
The censure under arts. 9 TUE and 20 TFUE was also declared unfounded: the case law of the Court of Justice invoked by the referring court concerns cases in which a Member State has deprived a person of an ascertained status, and therefore of rights concretely exercisable, which is not what art. 3-bis does.
Two further censures were declared inadmissible: the one based on art. 15, paragraph 2, of the 1948 Universal Declaration of Human Rights, which is not a binding international act, and the one based on art. 3, paragraph 2, of Protocol No. 4 to the ECHR, which guarantees the right to enter the territory of the State of which one is a citizen, not the right to have or keep that citizenship.
The Joint Divisions of the Court of Cassation on dual nationals from birth
On 14 April 2026 the Joint Civil Divisions of the Court of Cassation heard argument and, by judgment no. 24045/2026, published on 26 July 2026 (R.G. 8548/2024, referred by interlocutory order no. 20889/2025 of the First Civil Division), they allowed the first ground of appeal, declared the others absorbed, quashed the decision of the Corte d'appello di Roma of 28 September 2023 and remitted the case to that court, also for costs. The case concerned a descendant of an Italian woman who had emigrated to Venezuela and naturalised there while her child was a minor.
The judgment lays down four principles:
- Art. 3-bis of Law 91/1992 does not apply to judicial claims for a declaration of citizenship filed before 27 March 2025, which remain governed by the legislation previously in force.
- Under art. 7 of Law 555/1912, a non-emancipated minor born abroad to an Italian citizen in a State where citizenship is acquired from birth by ius soli is a dual national by right from birth and keeps Italian citizenship even if the parent naturalises or loses it, unless special provisions to the contrary are laid down in international treaties, or the minor renounces after majority or emancipation.
- Under art. 12 of Law 555/1912, only a non-emancipated minor whose sole citizenship is Italian can suffer the effects of the loss of citizenship by the parent with whom he or she shares residence, where the law of the foreign State allows the minor to acquire that foreign citizenship on a non-original basis.
- The full equality of mother and father following Constitutional Court rulings 87/1975 and 30/1983 operates not only for the transmission of citizenship by birth, but also for the consequences, for the child, of the loss of citizenship by the parent from whom the descendant derived citizenship and with whom he or she shared residence.
The Ministry of the Interior has aligned administrative practice with these principles: circular no. 65050 of 10 August 2026 states that, for the naturalisation of the co-resident parent occurring between 1 July 1912 and 15 August 1992, the previous interpretative line is superseded, and that anyone who received a refusal based exclusively on that earlier line may ask the office that issued it for a mere re-examination of the original application, still assessed under the law applicable when it was filed.
Standing to sue, and the reference to the Court of Justice
Two further points matter, because the first circulates widely and is often explained badly:
- The Court of Cassation has clarified standing to sue. Order (ordinanza) no. 13818/2026 of the First Civil Division, decided in camera di consiglio on 4 March and filed on 12 May 2026 (R.G. 1944/2025), states at paragraph 2.7 that «il diritto di cittadinanza è un diritto soggettivo assoluto di elevato rango costituzionale, che nasce insieme al titolare e ha carattere permanente (oltre che imprescrittibile)»: the right to citizenship is an absolute subjective right of high constitutional rank, which comes into being together with its holder and is permanent as well as imprescriptible. In its reasoning the order cites Cass. Sezioni Unite 4466/2009 and Cass. 6205/2014.
- The claim was filed on 26 September 2022 before the Tribunale di Genova, well before the reform: the applicants were not subject to art. 3-bis, which the order does not mention at all. It is not, on its own, a way round Law 74/2025 for files that fall within it.
- Its operative holding is procedural, not substantive: it concerns standing to sue. The case involved descendants of an Italian citizen who had emigrated to Colombia and could not even book an appointment at the Italian Embassy in Bogotá. The Court held that standing to sue exists not only where the administration refuses or is late, but also where there are «impedimenti, difficoltà o lungaggini che non consentono neppure la presentazione della relativa richiesta all'Amministrazione a ciò deputata» — obstacles, difficulties or delays that do not even allow the application to be filed. The decision was quashed with remand to the Corte d'appello di Genova.
- The compatibility of art. 3-bis with EU law is now before the Court of Justice of the European Union. With order no. 147/2026, deposited on 23 July 2026, the Constitutional Court asked the Court of Justice, in proceedings brought by the Tribunali di Mantova and Campobasso, whether arts. 9 TUE and 20 TFUE preclude a rule such as art. 3-bis, which sets an original preclusion of acquisition for people born abroad before its entry into force who hold another citizenship.
What this means in practice: the Constitutional Court did not close the judicial route, and it confirmed the 27 March 2025 cut-off. The consequences of a parent's naturalisation during a descendant's minority — which affect a very large share of files, especially American and South American — now have a reference point: where the descendant was a dual national from birth, the chain of transmission was not interrupted.
The 1948 Case: The Controversy
The "1948 case" concerns descendants of Italian women who were Italian citizens before 1948 but could not transmit citizenship to their children due to the patriarchal rule of the time.
Who is involved
- Children of Italian women who were Italian citizens at the time of the child's birth, but the child did not acquire Italian citizenship because the law of the time did not allow women to transmit it
- Example: an Italian woman who emigrated to Argentina in 1920, had a child in 1925, but could not transmit citizenship to that child (the father had to be Italian for the child to acquire it)
The legal basis, in three steps
Under Law 555 of 1912, only the father transmitted citizenship (art. 1), and an Italian woman who married a foreigner lost Italian citizenship if she acquired her husband's (art. 10). Equality arrived with the Constitution, in force on 1 January 1948, but without retroactive effect. The correction came through case law:
- Constitutional Court, ruling no. 87/1975 — removed the automatic loss of Italian citizenship by a woman who married a foreigner (art. 10 of Law 555/1912).
- Constitutional Court, ruling no. 30/1983 — struck down art. 1, no. 1, of Law 555/1912 in so far as it did not provide that the child of a citizen mother is also a citizen by birth.
- Court of Cassation, Joint Divisions, judgment no. 4466 of 25 February 2009 — recognised that, after those two rulings, Italian citizenship must be recognised in court to a woman who lost it under art. 10 of Law 555/1912 by marrying a foreigner before 1 January 1948, and that this right, being a permanent and imprescriptible status, is justiciable at any time and extends to her children born before that date.
Beware of a widespread online confusion: the key 2009 decision is from the Cassation (Joint Divisions 4466/2009), not the Constitutional Court. The Constitutional Court rulings are from 1975 and 1983. You will often see cited a non-existent "Constitutional Court ruling 30/2009", which conflates the two.
In practice, since 2009: descendants of an Italian woman born after 1 January 1948 obtain recognition administratively (consulate or Comune). Cases born before 1 January 1948, where the discrimination operated, go to an Italian court, which applies rulings 87/1975 and 30/1983 on the maternal line.
Current status in 2026
| Aspect | Status |
|---|
| Right to claim citizenship | ✅ Recognised through case law |
| Automatic procedure at consulates | ❌ Not available for the pre-1948 cases: the route is judicial |
| Judicial procedure (in Italy) | ✅ Available |
| Does it escape art. 3-bis? | ⚠️ Not automatically |
The critical point many miss: the "1948 case" solves a different problem from the one the 2025 reform creates. It solves gender discrimination in transmission. Art. 3-bis then operates downstream, on the exclusive-citizenship requirement and on the filing date. Winning the 1948 argument is not enough if your file falls within the scope of art. 3-bis and fits none of its exceptions. The two analyses are cumulative, not alternative.
Verdict: the 1948 case is still alive, but since March 2025 there are two filters to clear instead of one. Every file needs individual assessment by a specialist lawyer.
Via Consulate vs Via Court: Which to Choose
There are two main routes to obtain Italian citizenship by descent:
Route 1: Consular (Administrative)
- You apply at the Italian consulate competent for your jurisdiction
- Consulate verifies the documents and decides
- Times: variable; the statutory maximum for the consular procedure is 730 days (see below)
- Costs: lower (no lawyer usually needed)
- Availability of appeals: if rejected, you can appeal to the courts
Route 2: Judicial (via Court)
- You file a claim before the specialised section for immigration, international protection and free movement of EU citizens of the Italian tribunal of the place where you have your dimora (habitual residence); art. 19-bis of Law 91/1992 governs jurisdiction and provides that these disputes follow the simplified procedure (rito semplificato)
- The court rules on your right to citizenship
- Times: variable; no equivalent statutory term applies to the court route
- Costs: the lawyer's fees, court fees and document costs
- The only route for the 1948 case, and for files where you consider the consulate's application of art. 3-bis contestable
Beware of an expensive misunderstanding: filing a court claim today does not reopen the old regime. The 27 March 2025 date applies to the judicial route as well — art. 3-bis expressly preserves claims filed before that moment, and the Constitutional Court confirmed the cut-off in ruling 63/2026. The judicial route still makes sense, but for other reasons: questions such as the loss of a minor's citizenship on a parent's naturalisation — on which the Joint Divisions ruled on 26 July 2026 —, errors of assessment by the consulate, or the 1948 case.
| Route | Pros | Cons |
|---|
| Consular | Lower cost, no lawyer needed | Long waits, strict application of art. 3-bis, €600 consular fee for an adult's recognition claim |
| Judicial | Allows the interpretation to be argued, only route for the 1948 case | Requires a lawyer, does not avoid the 27/03/2025 cut-off |
Recommendation: if you clearly fall within the exclusive-citizenship or the two-year residence exception, and your documentation is complete, consular route. If your case turns on the 1948 rule, on a parent's naturalisation during your minority, or on a contested interpretation, judicial route — and the Joint Divisions' judgment of 26 July 2026 now gives clearer ground on the naturalisation point.
Required Documents
Regardless of the route chosen, you will need:
From your ancestor
- Birth certificate of the Italian ancestor (from the Italian Comune)
- Marriage certificate of the ancestor
- Death certificate (if applicable)
- Certificate of Italian citizenship (from the Comune or consulate)
- Certificate of non-naturalisation (issued by the foreign country where the ancestor emigrated)
From each generation in between
- Birth certificate of each intermediate generation
- Marriage certificate of each intermediate generation
- Death certificate (if applicable)
- For intermediate generations who emigrated: certificate of non-naturalisation before the birth of the next generation
From you
- Birth certificate (with apostille and translation if necessary)
- Valid passport
- Proof of residence
- Tax code (codice fiscale) (you can request one from the consulate)
- Fingerprint collection (at the consulate or in Italy)
Critical note: each foreign document must be apostilled (or legalised through the Italian consulate) and translated into Italian by a sworn translator. The Italian consulate of your jurisdiction can provide a list of approved translators.
The Process Step-by-Step
Via Consulate
- Gather all documents (the hardest part, especially for older generations)
- Request the appointment at the Italian consulate of your jurisdiction (often online, with long waiting times)
- Submit the application with all the documents
- Wait for the verification (the statutory maximum for the consular procedure is 730 days under D.P.C.M. no. 33 of 17/01/2014)
- Receive the recognition and register in the AIRE (Registry of Italians Abroad)
- Receive your passport at the consulate
Via Court
- Hire an Italian immigration lawyer
- The lawyer gathers the documents (can be more flexible on some requirements)
- File the lawsuit in the competent Italian court
- Court session (often without your physical presence, via lawyer)
- Court ruling
- Registration at the Comune
- Passport issued by the Italian consulate
Major Country Cases: USA, Argentina, Brazil, Canada, Australia, UK
United States
- Most common generation: 3rd (great-grandparents who emigrated 1880-1920)
- Major challenge: US naturalisation certificates are often hard to find
- Consulate route: increasingly restrictive since 2025
- Court route: necessary for many cases
Argentina
- Most common generation: 2nd-3rd (parents/grandparents who emigrated 1880-1950)
- Special advantage: the 1948 case is particularly relevant
- Community of Italian origin in Argentina: one of the States of significant Italian emigration flows identified for the oriundi route (see below)
- Consulate route: very long times
- Court route: common
Brazil
- Most common generation: 2nd-3rd (similar to Argentina)
- Special advantage: Brazilian documents are well-organised
- Consulate route: long times, especially in São Paulo
- Court route: viable
Canada
- Most common generation: 2nd-3rd
- Consulate route: more accessible than in South America
- Court route: less common
Australia
- Most common generation: 3rd (great-grandparents who emigrated 1880-1920)
- Consulate route: similar to US
- Court route: necessary for 3rd generation cases
UK
- Most common generation: 2nd-3rd
- Post-Brexit advantage: more interest in Italian passport
- Consulate route: long times in London
- Court route: viable
If You No Longer Qualify: The Routes Still Open
This is the part almost nobody covers, and it matters most if you have just discovered your file falls outside.
Losing the right to recognition does not mean losing Italy. It means the path changes: instead of a declaratory recognition of something you already were, you build a residence. And for descendants of Italians there is a preferential lane.
1. The oriundi route under art. 1-bis (the least known)
Art. 1-bis of D.L. 36/2025, added during the conversion into law, introduced a new art. 27, comma 1-octies, of the immigration consolidated act (D.Lgs. 286/1998). It allows a foreigner resident abroad, descendant of an Italian citizen and holding the citizenship of a State of significant Italian emigration flows, to enter and stay in Italy for subordinate work outside the quotas of the decreti flussi.
The States concerned were identified by the interministerial decree of 17 November 2025, published in the Gazzetta Ufficiale of 24 November 2025: Argentina, Brazil, the United States, Australia, Canada, Venezuela and Uruguay.
In other words: the same legislature that closed the door on automatic recognition opened a specific one for descendants who genuinely want to come. If your great-grandfather was Italian and you no longer qualify under art. 3-bis, this route does not depend on the number of generations.
Note the scope: it is an entry channel for subordinate work, it does not by itself confer citizenship, and the residence-based naturalisation routes continue to apply on their own terms.
2. Self-employment visa (lavoro autonomo)
For those who want to open their own business or work as an independent professional. Requires a nulla osta and is subject to decreto flussi quotas. It is the natural route for someone who planned to use an Italian passport to work for themselves.
3. Investor visa
No quotas, no lottery, defined investment thresholds, and compatible with the substitute tax regime for new residents. The fastest and most predictable route for profiles with capital. Requirements and thresholds are in our investor visa guide.
4. Startup / innovative self-employment visa
For business projects with an innovation component, with its own procedure and capital requirements more accessible than the investor visa.
5. Elective residence
For those with stable passive income who do not need to work in Italy. It excludes employment but grants legal residence — and, over time, opens the door to naturalisation by residence.
Quick comparison
| Route | Capital required | Allows work | Advantage for descendants |
|---|
| Oriundi (art. 1-bis) | No | Yes (employment) | Designed for you, no generational limit |
| Self-employment | Low | Yes | — |
| Investor | High | Yes | Combines with the new-residents tax regime |
| Startup | Medium | Yes | — |
| Elective residence | Stable income | No | — |
The fact that changes the calculation: after a period of legal residence in Italy, a descendant of Italians can apply for naturalisation — the required legal residence is two years for a foreigner whose parent or second-degree ancestor is, or was, an Italian citizen by birth (art. 9 of Law 91/1992, as amended by the 2025 reform). The end result — an Italian and therefore European passport — is the same. What changes is the path and the timeline. Many files written off as lost are in fact files that need reframing.
If your ultimate goal was to live and work or do business in Italy, and not simply to hold the passport, the right question is not "do I qualify for jure sanguinis?" but "what is the most efficient route to residence given my profile?". Those are different questions and they lead to different decisions.
Common Mistakes That Block Applications
-
Ancestor naturalised before child's birth. If your Italian ancestor became American (or Argentine, etc.) BEFORE your parent/grandparent was born, the chain is broken. This is a very common reason for rejection.
-
Missing documents. Italian consulates are increasingly strict on documentation. If you can't find a birth certificate, you can ask the Comune directly, but it takes time.
-
Untranslated or non-apostilled documents. Each foreign document must be apostilled and translated by a sworn translator. No exceptions.
-
Wrong ancestor generation. Many people think they qualify through a great-grandparent when in fact the chain is broken.
-
Not checking the spouse. If the Italian ancestor naturalised after marriage, the spouse's situation must also be verified.
-
Confusing "Italian grandparent" with "exclusively Italian grandparent". This is now the most expensive mistake: the full file is assembled, the €600 fee is paid, and the application is refused because the grandparent also held the nationality of the host country. Check this point first, before paying for apostilles and translations.
-
Believing that suing today reopens the old regime. The 27 March 2025 date applies to the judicial route too. A court claim serves other purposes, not dodging the cut-off.
-
Using information from before mid-2026. Between the conversion into law (May 2025), the 2026 Budget Law, the Milleproroghe (February 2026), ruling 63/2026 (April), the Joint Divisions of the Court of Cassation (July 2026) and the Interior Ministry circular 65050/2026 (August), the field has changed repeatedly in a year. Deadlines for minor children in particular now run to 31 May 2029.
Frequently Asked Questions (FAQ)
Can I still get Italian citizenship through my great-grandparents in 2026?
Administratively, almost certainly not, unless you filed before 27 March 2025. Art. 3-bis requires a parent or grandparent with exclusively Italian citizenship, or two years of Italian residence by a parent before your birth. A great-grandparent triggers neither exception. What remains is assessment via the judicial route, especially where the chain includes a naturalisation of a parent during a descendant's minority: on 26 July 2026 the Joint Divisions of the Court of Cassation held that a minor who was a dual national from birth keeps Italian citizenship even if the parent loses it.
No, and this is the most widespread misunderstanding. The reform does not count generations: it provides that a person born abroad holding another citizenship never acquired Italian citizenship, subject to exceptions. The most common exception requires a parent or grandparent who is exclusively Italian. An Italian grandparent who also held Argentine or American nationality does not meet the requirement, even as your direct grandparent.
My grandfather was born in Argentina to Italian parents. Does that work?
Probably not under the exclusive-citizenship exception. Being born in Argentina, your grandfather acquired Argentine nationality by ius soli alongside Italian: he was not "exclusively Italian". You would need to check the two years of continuous residence in Italy by either parent before your birth — and, failing that, assess the judicial route or the residence alternatives.
Is there any point in filing a court claim now?
It depends why. It does not work to escape the 27 March 2025 cut-off: art. 3-bis preserves claims filed before that date, and the Constitutional Court confirmed that limit in ruling 63/2026. It can make sense to argue interpretive questions, for the 1948 case, or against a consular refusal you consider wrong.
Has the deadline for minor children expired?
No: it was extended to 31 May 2029 by Law 26 of 28 February 2026, converting D.L. 200/2025 (Milleproroghe). In addition, the term for the declaration went from one to three years from birth or from the establishment of filiation, and the €250 contribution of art. 9-bis, comma 2, of Law 91/1992 does not apply to those declarations (Law 199 of 30 December 2025, art. 1, paragraph 513).
How long does the process take?
- Consular route: the maximum duration of the verification procedure is 730 days under D.P.C.M. no. 33 of 17/01/2014 (G.U. no. 64 of 18/03/2014) — a term that applies to the consular procedure only
- Court route: the duration depends on the court and on the complexity of the file
How much does it cost?
- Consular route: a €600 fee for the handling of a recognition claim by an adult person (art. 7-bis of the consular tariff under D.Lgs. 71/2011), plus document, apostille and sworn translation costs
- Court route: the lawyer's fees, court fees and document costs
- Declaration for minor children: the €250 contribution of art. 9-bis, comma 2, of Law 91/1992 does not apply to those declarations
Do I need to speak Italian?
Not for a jure sanguinis application, where citizenship is recognised as pre-existing. An adequate knowledge of Italian, at level B1 of the Common European Framework, is required for citizenship granted by marriage or by naturalisation (art. 9.1 of Law 91/1992) — different routes.
Can I get Italian citizenship through my mother?
Yes, if your mother was an Italian citizen when you were born and, since the reform, if your file also clears art. 3-bis. If you were born before 1 January 1948 to an Italian woman, see the 1948 case above: the route is judicial.
What if my ancestor lost Italian citizenship by naturalising in another country?
This is the most common "interruption" of the chain. If your Italian ancestor became a citizen of another country BEFORE the birth of the next generation, transmission is broken. Whether the same applies where the descendant was a minor at the time of naturalisation has now been settled by the Joint Divisions of the Court of Cassation, in the judgment of 26 July 2026: a minor who was a dual national from birth keeps Italian citizenship, so the chain is not interrupted.
Is it worth applying now or waiting?
If you fall within one of the art. 3-bis exceptions, apply as soon as possible: the policy direction of recent years has been restrictive and consular queues are long. If your case turns on a naturalisation that occurred while a descendant was a minor, the Joint Divisions' judgment of 26 July 2026 now supports preservation of citizenship where that descendant was a dual national from birth.
Can I have dual citizenship?
Yes. Art. 11 of Law 91/1992 provides that a citizen who possesses, acquires or re-acquires a foreign citizenship keeps the Italian one, and may renounce it only if residing or establishing residence abroad. Note the reform's paradox: it is precisely holding another citizenship that triggers art. 3-bis. Italy does not require you to renounce anything, but your ancestors' dual nationality is what can block your file.
If I don't qualify, can I still move to Italy?
Yes. There is a route designed for people of Italian descent — art. 1-bis of D.L. 36/2025, easing entry for employment for oriundi with no generational limit — alongside the self-employment, investor, startup and elective residence visas. After a period of legal residence, naturalisation opens up. See If You No Longer Qualify.
Want to Evaluate Your Case?
Italian citizenship by descent is one of the most complex and fast-moving areas of Italian law, and since March 2025 a correct analysis has two layers: the classic chain of transmission and the art. 3-bis filter.
If you want a personalised assessment — verification of your documents, identification of chain interruptions, and, where recognition is not viable, the most efficient residence route for your profile — book a consultation.
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And if your goal is to start a business in Italy, begin here:
Official Sources
- Law no. 91 of 5 February 1992, coordinated text with D.L. no. 36 of 28 March 2025, converted with amendments by Law no. 74 of 23 May 2025 — arts. 3-bis, 4, 9, 9-bis, 15: https://conscolonia.esteri.it/wp-content/uploads/2025/06/2025_05_24_nuovo_testo_legge91_1992.pdf
- Constitutional Court, ruling no. 63/2026, press release of 30 April 2026: https://www.cortecostituzionale.it/uploads/release/69f32d0fb5ace.pdf
- Constitutional Court, order no. 147/2026, press release of 23 July 2026 (preliminary reference to the Court of Justice of the European Union): https://www.cortecostituzionale.it/uploads/release/6a61f20b04366.pdf
- Court of Cassation, Joint Civil Divisions, judgment no. 24045/2026 of 26 July 2026: https://www.cortedicassazione.it/resources/cms/documents/24045072026_oscuramento.pdf
- Court of Cassation, First Civil Division, order no. 13818/2026 of 12 May 2026, R.G. 1944/2025 — standing to sue; it cites Joint Divisions judgment no. 4466 of 25 February 2009 and Cass. 6205 of 18 March 2014
- Constitutional Court, rulings nos. 87/1975 and 30/1983, on art. 10 and art. 1 of Law no. 555/1912 — referred to in judgment no. 24045/2026
- Ministry of the Interior, circular no. 26185 of 28 May 2025 — the exclusively-Italian citizenship requirement: https://libertaciviliimmigrazione.dlci.interno.gov.it/sites/default/files/2025-06/circolare_26185_del_28_05_2025.pdf
- Ministry of the Interior, circular prot. 889 of 8 January 2026 — 2026 Budget Law, art. 1, paragraph 513: https://libertaciviliimmigrazione.dlci.interno.gov.it/sites/default/files/2026-01/Prot%20889-Circolare%20art%204%20comma%201bis%20legge%20n%2091_1992_signed.pdf
- Ministry of the Interior, circular no. 65050 of 10 August 2026 — arts. 7 and 12 of Law no. 555/1912 after the Joint Divisions: https://libertaciviliimmigrazione.dlci.interno.gov.it/sites/default/files/2026-08/Circolare%20SS.UU_.%20art.%207%20e%2012%2010.08.26-p357d.pdf
- Law no. 26 of 28 February 2026, converting D.L. no. 200 of 31 December 2025 (Milleproroghe) — deadline for minors extended to 31 May 2029; notice of the Italian Embassy in Washington: https://ambwashingtondc.esteri.it/it/news/dall_ambasciata/2026/03/cittadinanza-per-beneficio-di-legge-proroga-del-termine-al-31-maggio-2029/
- D.P.C.M. no. 33 of 17 January 2014 — the 730-day term of the consular procedure, as stated by the Consulate General of Italy in São Paulo: https://conssanpaolo.esteri.it/it/servizi-consolari-e-visti/servizi-per-il-cittadino-straniero/cittadinanza/ja-efetuei-o-pagamento-da-taxa-e-entreguei-minha-documentacao-original-completa-o-que-devo-fazer/
- Consular tariff, table annexed to D.Lgs. no. 71 of 2011: https://www.esteri.it/wp-content/uploads/2026/09/tariffa_consolare.pdf
- Interministerial decree of 17 November 2025 on the States of significant Italian emigration flows (oriundi route): https://www.lavoro.gov.it/notizie/pagine/discendenti-di-italiani-ingressi-lavoro-fuori-quota-da-alcuni-paesi
- Art. 5 of D.Lgs. no. 209 of 27 December 2023 — impatriati regime: https://www.normattiva.it/uri-res/N2Ls?urn:nir:stato:decreto.legislativo:2023-12-27;209~art5!vig=
- Art. 9.1 of Law no. 91 of 1992 — B1 language requirement: https://www.normattiva.it/uri-res/N2Ls?urn:nir:stato:legge:1992-02-05;91~art9!vig=
Last updated: 9 October 2026. A developing area: the compatibility of art. 3-bis with EU law is now before the Court of Justice of the European Union (Constitutional Court order no. 147/2026), and the principles laid down by the Joint Divisions of the Court of Cassation in judgment no. 24045/2026 are being applied case by case. This article is general information and does not replace individual legal advice.
Giovanni Emmi|June 20, 2026
