Some reliable information amidst the confusion of rumours.
In this paper, I summarize the practical consequences of each recent change in the realm of Italian citizenship by ancestry. I intend to offer a survival leaflet for all those Italian citizenship seekers who need (and deserve) some certainties.
Finally, I will also highlight a path to the re-acquisition of citizenship for those who had it and actually lost it.
The “minor issue”, in a few words
The “Minor issue” actually became a Major issue with the ruling of the Civil Court of Cassation delivered in January 2024. This ruling, which was fully incorporated in the Ministry Guideline 43347/2024, has overturned the Golden Rule according to which if the Italian ancestor (born in Italy) was never naturalized abroad or if they were naturalized after the birth of the first descendant, then the citizenship lineage was safeguarded.
With the new criteria set by the Court, if the Italian ancestor is a man, the rule is stricter. The citizenship lineage is preserved only if the Italian ancestor was never naturalized or he was naturalized after the adult age of the first descendant. Only by demonstrating that the minor child was not cohabiting with the father at the time of his naturalization did the minor child preserve his Italian citizenship.
This new more restrictive rule is generally referred as the “minor issue”.
It is to be pointed out that the adult age in Italy was 21 years old until 9 March 1975. From 10 March 1975, the adult age became 18 years old.
What remains undefined by established case law and by the Ministry is what happens when the applicant has, either exclusively or in addition, an Italian female ancestor.
By applying a literal interpretation of Art. 12 par 2, Law n. 555 of 1912, one should conclude that the minor issue (= loss of citizenship) does not apply in the case of a female ancestor naturalized during the minor age of the child.
In fact, the aforementioned norm explicitly provides for the sole relevance of the parent exercising the parental authority with regard to the citizenship status of the child. Because until 19 September 1975 the sole male parent used to have parental authority (Art. 136 Italian Civil Code), the naturalization of women should not have had any negative consequence on Italian citizenship for all the offspring who had already reached the adult age (18 years old) before women started to “count”, namely 20 September 1975.
The only exception to this laid out in the law was when the woman was the only Italian citizen among the two parents and the father had died during the minor age of the child. In this case, the law explicitly mentions the applicability of the “minor issue” to the naturalization of the woman during the minor age of the child (Art. 12, par. 3, Law n. 555 of 1912).
Furthermore, the minor issue should probably apply (= loss of citizenship) in all cases when the Italian male ancestor was naturalized during the minor age of the offspring even if the female Italian ancestor was never naturalized or was naturalized after the adult age of the offspring, as long as the offspring was still under 18 on 19 September 1975, namely before women acquired parental power.
Whereas, from 20 September 1975, women acquired parental authority (Law 19 May 1975, n. 151, Art. 138). Therefore, one can legitimately claim that if the child was still a minor (under 18) at that time, the mother’s Italian citizenship should have preserved the child’s Italian citizenship as well, regardless of the Italian father’s date of naturalization.
I acknowledge that it is complex, with many intermingling variables. But the Italian citizenship seeker can rely on the fact that if you fall under one of these uncertain cases, you can still battle in Court.
And you can expect public offices of Consulates and Municipalities to deal with these cases differently according to their level of understanding and competence.
You find below a chart of all possible scenarios and the corresponding assessment over the possibility of being recognized as an Italian citizen:
| Male Ancestor | Female Ancestor | ASSESSMENT |
|
Born in Italy and never naturalized
|
Born in Italy and never naturalized |
Positive |
|
Born in Italy and never naturalized
|
Never Italian | Positive |
|
Born in Italy and naturalized during the adult age of the child |
Never Italian | Positive |
| Born in Italy and naturalized during the minor age of the child not cohabiting with him | Never Italian | Positive |
| Born in Italy and naturalized during the minor age of the child cohabiting with him | Never Italian | Negative |
|
Never Italian or no longer Italian at the birth of the child
|
Born in Italy and never naturalized | Positive |
|
Never Italian or no longer Italian at the birth of the child
|
Born in Italy – naturalized during the adult age of the child |
Positive |
|
Never Italian or no longer Italian at the birth of the child |
Born in Italy – naturalized during the minor age of the child – child cohabiting with her – child was still under 18 (minor age) on 20 September 1975 (when the mother acquired parental authority)
|
Negative * |
|
Never Italian or no longer Italian at the birth of the child |
Born in Italy – naturalized during the minor age of the child – child cohabiting with her – child turned 19 (adult age) before 20 September 1975 (before the mother acquired parental authority) |
Positive* |
| Born in Italy and naturalized during the minor age of the child cohabiting with him |
Born in Italy – naturalized during the minor age of the child |
Negative |
|
Born in Italy and naturalized during the minor age of the child cohabiting with him
|
Born in Italy – Never naturalized – child had already reached 18 on 20 September 1975 (when the mother acquired parental authority)
|
Negative* |
| Born in Italy and naturalized during the minor age of the child cohabiting with him |
Born in Italy – never naturalized – child was still under 18 on 20 September 1975 (when the mother acquired parental authority)
|
Positive* |
* The asterisk points out that the suggested assessment is not confirmed either by authoritative or steady case law or by Ministry guidelines. Courts, Consulates or Municipalities may decide differently according to their own interpretation.
The suggested outcome is based on the argument that Italian women acquired parental authority only as of 20 September 1975. Therefore, before this date, their citizenship status could not affect negatively or positively the nationality of the minor child. Only the father’s choices had legal relevance.
In any case, for all cases without a clear guideline by the Ministry, we suggest to initiate a judicial petition to be heard by a Judge rather than pursuing citizenship with the ordinary administrative means (Consulates and Municipalities).
For further readings on this topic, you can read this other in-depth analysis.
The Decree-Law no. 36, 28 March 2025, in a few words
This new piece of the puzzle has added an obstacle to the minor issue. It does not supersede the “minor issue”, which is still applicable.
The new norm provides that, even if you would be considered an Italian citizen as per all applicable rules on citizenship and its current interpretation (including the interpretation given to the minor issue), you are not an Italian citizen unless you have an Italian ancestor who falls into at least one of the following three categories:
- Parent (or adopter) born an Italian citizen in Italy;
- Parent (or adopter) who is an Italian citizen and, although not born in Italy, has been a resident in Italy for at least two continuous years before the birth of the applicant;
- Grandparent born in Italy.
In practice, this means that if your only Italian ancestor who was born in Italy or lived in Italy for at least 2 years is your great-grandparent, you are not an Italian citizen any longer.
By explicit legal provision, this new restriction affects all citizenship applications submitted as of 28 March 2025, not those submitted before.
On the contrary, the “minor issue”, which is a change in the sole interpretation of the law, which has remained unvaried, can affect all applications that are pending, even if submitted much before the minor issue arose.
For further readings on this topic, you can read this other analysis.
Re-acquisition of lost Italian citizenship: a lifeline for many
Art. 13, par. 1, let. c of the Law no. 91/1992 provides that those who lost Italian citizenship can require it by a declaration of will under the condition that one establishes or has established their residency in Italy not later than 1 year from the declaration.
With the Guideline K73/2002, the Ministry of Home Affairs explicitly recognized that citizenship can be re-acquired by those who lost it through naturalization abroad (by art. 8 of Law no. 555/1912) and those who lost it because of naturalization of the parent (by art. 12 of Law no. 555/1912).
In other words, the Ministry recognized the possibility of re-acquiring the Italian citizenship lost due to the previous Law on citizenship in force at the time of the loss (Law no. 555/1912), which, in principle, did not allow dual citizenship.
The reacquisition can be obtained in 2 alternative ways.
- By moving to Italy, registering civil residency at a Municipality, declaring the will to reacquire citizenship, and proving the loss of Italian citizenship. In this case, the procedure takes place before the Italian Municipality of new residency.
The Ministry Guidelines no. 32/2007 and no. 14/2008 specified that the person re-acquiring citizenship does not need any type of residence permit to register as a resident and re-acquire citizenship, as long as they are legally staying in Italy during the 90 days allowed by their tourist visa or by their passport.
- By declaring the will to re-acquire citizenship before the Italian Consulate of residency abroad, moving to Italy and registering residency therein within 1 year.
In both cases, the following documentation is required.
- Birth certificate of the person born in Italy and naturalized abroad
- Birth certificate of the descendant applicant for citizenship re-acquisition, if applicable (apostilled and translated)
- Naturalization certificate (apostilled and translated).
It is noteworthy that the event of naturalization abroad with the consequent loss of Italian citizenship should be noted in the birth certificate of the naturalized person by the Municipality.
- Marriage certificate of the applicant for citizenship re-acquisition, if applicable (apostilled and translated)
- Proof of stable and available lodging in Italy (e.g., rental agreement, property, or declaration of hospitality by a third person).
Finally, it must be stressed that the re-acquisition procedure is not available to the grandchildren of Italian ancestors born in Italy and naturalized abroad. The grandchildren are either Italian citizens and can apply for the recognition of their status, or they were never Italian, and they cannot re-acquire something they never had.
For further understanding of the whole citizenship re-acquisition framework, you can read this focus.
Relevant Legal References
- Law no. 555/1912 [Italian Citizenship Law in force until 15 August 1991]
- Law no. 91/1992 [Italian Citizenship Law in force from 16 of August 1992]
- Law no. 39/1975 [it changed the adult age from 21 to 18 as of 10 March 1975 by changing art. 2 of the Civil Code]
- Law no. 151/1975 [It gave women the same parental authority as men as of 20 September 1975 by changing art. 136 of the Civil Code]
- Ministry Guideline 43347/2024 [on the minor issue]
- Ministry Guideline K73/2022 [on re-acquisition of lost Italian citizenship]
- Ministry Guidelines no. 32/2007 and no. 14/2008 [on the registration of Italian residency without a residence permit for people re-acquiring citizenship].
Authors:
Pietro Derossi – Counsel
For more information or an analysis of your specific case, do not hesitate to book a consultation with us.
For further reading, see also: