Italian Citizenship by Descent (Jure Sanguinis) 2026: The Complete Guide After the 2024-2025 Reforms
- Jure Sanguinis (citizenship by descent) allows you to claim Italian citizenship if you have an Italian ancestor who was an Italian citizen when you were born.
- In 2024-2025, Italy enacted the most significant reform in decades, with new generational limits and stricter requirements (D.L. 36/2025 and subsequent).
- The reform has been subject to multiple court challenges and constitutional reviews: the situation in 2026 is still partially uncertain and varies by consulate.
Every month I get several requests from clients who want to know if they qualify for Italian citizenship through their great-grandparents. Argentina, Brazil, the United States, Canada, Australia: a whole world of descendants of Italian emigrants. The "Jure Sanguinis" route was, until 2024, one of the most generous in the world. It is no longer the case. The 2024-2025 reforms have drastically changed the rules, and what was possible yesterday may not be possible today.
Let me show you what's changed, who still qualifies, and how to navigate this complex matter.
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 allows you to claim the Impatriati regime (50% exemption for 5 years) if you then move to Italy for work
- It allows you to claim the Investor Visa (€200k substitute tax) if you also want to optimise your tax situation
- It is the only EU citizenship that is "transmitted infinitely" along the direct male line (until 1948, when women obtained the right to transmit citizenship)
Until 2024, an estimated 80-100 million people worldwide were potentially eligible for Italian citizenship through Jure Sanguinis. This number is now drastically reduced.
The Fundamental Principle
The rule, before the 2024-2025 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.
The 2024-2025 Reform: The Big Change
In March 2025, the Italian Government enacted D.L. 36/2025 (converted into L. 84/2025), which introduced the most significant changes in decades.
What changed
| Aspect | Before (until 2024) | After (from 2025) |
|---|
| Generational limit | Unlimited (great-great-grandparents OK) | 2 generations back (parents/grandparents) — see below |
| Minor children | Automatic transmission | Subject to parental consent and actual ties |
| Actual ties to Italy | Not required | Now required for some cases |
| Procedural time at consulates | Variable (sometimes years) | Maximum 24 months per application |
| Number of generations claimable | Up to great-great-grandparents | Generally limited (see details) |
⚠️ CRITICAL: the D.L. 36/2025 has been subject to multiple constitutional challenges and individual rulings. The situation in 2026 is in flux. Some consulates apply the new limits strictly, others (and some courts) continue to apply the pre-2024 rules. This is the most uncertain area of Italian citizenship law today.
Who Qualifies Today (2026)
The reform distinguishes between several categories:
Category 1: Italian Parent (1st generation descendant)
- You have an Italian parent (mother or father) who was an Italian citizen at the time of your birth
- Status: ✅ Unchanged. You still qualify, with no generational limit.
- Procedure: registration at the Italian consulate of your jurisdiction
Category 2: Italian Grandparent (2nd generation descendant)
- You have an Italian grandparent who was an Italian citizen, but neither of your parents was Italian
- Status: ✅ You still qualify under the new rules (2nd generation is the maximum allowed by the reform)
- Procedure: same as Category 1, but with one more generation of documents
Category 3: Italian Great-grandparent (3rd generation descendant)
- You have an Italian great-grandparent who was an Italian citizen, but neither your parents nor your grandparents were Italian
- Status: ⚠️ LIMITED. The reform generally limits transmission to 2 generations. However, some consulates and courts still accept great-grandparent cases, particularly for descendants of women who became Italian citizens only after 1948 (the "1948 case")
- Procedure: more complex, often via judicial route
Category 4: Beyond Great-grandparents (4+ generation)
- Status: ❌ Generally NOT eligible under the new rules (except for some judicial cases)
- Procedure: very difficult, mostly via judicial route
Special Case: "1948 Case"
A very important subcategory. Before 1948, Italian women could NOT transmit citizenship to their children (this right was reserved for men). After the Constitutional Court ruling 30/2009 and subsequent judgments, this discrimination was recognised as unconstitutional, and descendants of Italian women before 1948 obtained the right to claim citizenship.
The 2025 reform has not abolished this right, but has added new restrictions to the procedure. Many cases are still ongoing in court.
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)
Current status in 2026
| Aspect | Status |
|---|
| Right to claim citizenship | ✅ Recognised by Constitutional Court |
| Automatic procedure at consulates | ❌ Not available |
| Judicial procedure (in Italy) | ✅ Available, but with new restrictions |
| Risk of rejection | ⚠️ Higher since 2025 |
Verdict: the 1948 case is still possible, but the procedure has become more complex and the success rate has dropped since 2025. Each case must be evaluated by an immigration 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, often 2-5 years
- 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 lawsuit in an Italian court (competent court of your ancestor's last residence in Italy, or of Rome)
- Court rules on your right to citizenship
- Times: 1-3 years
- Costs: €3,000-€8,000 for the lawyer
- Success rate: higher, especially for 1948 cases and great-grandparent cases
| Route | Pros | Cons |
|---|
| Consular | Lower cost, no lawyer needed | Long times, strict application of new rules |
| Judicial | More flexible, can challenge new rules, better for complex cases | High cost, requires a lawyer |
Recommendation: for 1st or 2nd generation cases with clear documentation, consular route. For 3rd generation, 1948 case, or cases with complex interruptions, judicial route.
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, wait times of 1-3 years)
- Submit the application with all the documents
- Wait for the verification (variable times, up to 24 months per the new law)
- 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 hearing (often without your physical presence, via lawyer)
- Court ruling (1-3 years)
- 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
- Italian community in Argentina: ~20 million descendants
- Consulate route: very long times (5+ years in Buenos Aires)
- Court route: common, often via Rome courts
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)
- Italian community in Australia: ~1 million descendants
- 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
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 the #1 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.
-
Trying to do it alone for 3rd generation cases. The 2025 reform has made these cases much more complex. A lawyer is now almost always necessary.
-
Not considering the 2025 reform. Many people apply under the old rules and are surprised by the new ones.
Frequently Asked Questions (FAQ)
Can I still get Italian citizenship through my great-grandparents in 2026?
It depends. The 2025 reform generally limits transmission to 2 generations. However, some consulates and courts still accept 3rd generation cases, particularly for descendants of Italian women before 1948. Each case must be evaluated.
How long does the process take?
- Consular route: 2-5 years (sometimes more in South America)
- Court route: 1-3 years
How much does it cost?
- Consular route: €200-€500 in fees + document costs
- Court route: €3,000-€8,000 (lawyer + court fees + document costs)
Do I need to speak Italian?
Not necessarily for the application, but you will need to take an Italian language test (B1 level) to obtain the final passport if you are over 18 and apply for naturalisation (not for Jure Sanguinis cases where the ancestor was Italian).
Can I get Italian citizenship through my mother?
Yes, if your mother was an Italian citizen at the time of your birth. This is one of the most common cases.
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, the transmission is broken.
Is it worth applying now or waiting?
The trend is towards further restrictions. The 2025 reform is the first step. New restrictions are expected in 2026-2027. If you qualify under the current rules, apply as soon as possible.
Can I have dual citizenship?
Yes. Italy allows dual citizenship. The US, Argentina, Brazil, Canada, Australia, and the UK also allow it.
Want to Evaluate Your Case?
Italian citizenship by descent is one of the most complex and rapidly changing areas of Italian law. Every case is different. If you want a personalised evaluation of your chances, with verification of your documents and identification of any chain interruptions, book a consultation.
[Book a consultation with Giovanni →] (link to contact form)
📋 Fact-Check Checklist Before Publishing
⚠️ CRITICAL DISCLAIMER: this article deals with a legal area that has been subject to significant changes in 2024-2025 and is still in flux in 2026. The 2025 reform (D.L. 36/2025 converted into L. 84/2025) has been subject to constitutional challenges and individual rulings that have created uncertainty. Before publication, EVERY POINT must be verified with an immigration lawyer specialised in Italian citizenship.
| # | Point to verify | Suggested source | Status |
|---|
| 1 | Status of D.L. 36/2025 in 2026 — has it been confirmed, modified, or struck down? | Italian Constitutional Court, Gazzetta Ufficiale | ⬜ |
| 2 | Generational limit — current state of 2-generation rule | L. 84/2025, constitutional rulings 2025-2026 | ⬜ |
| 3 | 1948 case — current state in 2026 | Constitutional Court rulings, consulates | ⬜ |
| 4 | Maximum 24 months for consulates — is it being applied? | Italian Ministry of Foreign Affairs | ⬜ |
| 5 | "Actual ties to Italy" requirement — for whom, when | L. 84/2025, ministerial implementation | ⬜ |
| 6 | Wait times at major consulates (Buenos Aires, New York, São Paulo) | Consulate official websites | ⬜ |
| 7 | Court route timeline (Rome courts, Naples, etc.) | Italian court statistics | ⬜ |
| 8 | Cost of court route in 2026 | Lawyer fees, court fees | ⬜ |
| 9 | Specific consulates that still accept 3rd generation cases | Direct verification with consulates | ⬜ |
| 10 | Required apostille countries (US, AR, BR, CA, AU, UK) | Hague Apostille Convention status | ⬜ |
| 11 | B1 Italian test requirement for which cases | Ministry of Foreign Affairs | ⬜ |
| 12 | Recent Cassazione rulings (2024-2026) on Jure Sanguinis | Cassazione website | ⬜ |
| 13 | List of approved translators in each country | Italian consulates | ⬜ |
| 14 | Differences in application of new rules by consulate | Survey of recent experiences | ⬜ |
| 15 | Recent ministerial circulars (2025-2026) on Jure Sanguinis | Ministry of Foreign Affairs | ⬜ |
Legal references cited (to verify in the final version):
- Italian Civil Code, articles 1-13 (citizenship)
- L. 91/1992 (current citizenship law)
- D.L. 36/2025 (converted into L. 84/2025) — citizenship reform
- Constitutional Court ruling 30/2009 (1948 case precedent)
- Constitutional Court rulings 2024-2026 (reform challenges)
- Cassazione rulings 2024-2026
- Ministry of Foreign Affairs circulars 2024-2026
- Hague Apostille Convention
⚠️ Final warning: this article is not a legal opinion. The information reflects the situation as of January 2026 (knowledge cutoff) but the matter is in constant evolution. Always consult an Italian immigration lawyer specialised in citizenship by descent before undertaking any procedure.
Giovanni Emmi|June 20, 2026
