It certainly was Earth-shaking news on March 27th when the Italian government unexpectedly announced an emergency decree limiting Italian citizenship by ancestry, jure sanguinis to just two generations (parents and grandparents) among other new restrictions. The decree needed to go through both houses of the Italian Parliament by the end of May to be converted into law. The second chamber passed it on May 20th.
This is a complex and evolving situation and I turned to attorney Nick Metta and his team for their assessment on the latest news. Here’s how Nick and his team summarize the current situation according to the law’s wording:
- Italian citizenship applications submitted by March 27, 2025 will be processed under the previous law.
- Italian citizenship applications filed after March 27, 2025 based on Consulate or Municipal appointments that were established (booked, confirmed with/through the Consulate or the Municipal office) by such date will be processed under the previous law as well. This applies only if all necessary supporting documents are filed at the same time, along with the application.
- A person is eligible for Italian citizenship if he/she has a parent or grandparent who is or was at the time of death an Italian citizen only.
- A person is eligible for Italian citizenship if he/she has a (biological or adoptive) parent who lived in Italy for at least two years in a row after becoming an Italian citizen and prior to the applicant’s birth (or adoption).
- People who were born in Italy or lived in Italy for at least two years in a row and lost their Italian citizenship based on the “1912 minor rule” can regain it if they express such intention between July 1st, 2025 and December 31st, 2027.
- Non-Italian people of Italian descent who live in certain countries (TBD by the Italian government in the following months/years) will be entitled to more favorable immigration options to apply for an Italian visa to work as an employee in Italy.
I asked Nick point blank if there is any hope if someone goes back three generations or doesn’t qualify according to the new law and he said, “In our opinion, some of the approved restrictions violate some fundamental rights and can be challenged in court,” he told me. “There are going to be constitutional challenges and motivated people should continue to collect documents if they are prepared to file their case through the court.”
I also asked Nick specifically about the 1948 cases which some online commenters felt might not fall under the new law. He advises, “Based on our initial assessment, all new rules also apply to 1948 cases, on top of the rules that applied before. In particular, we do not see a scenario where the new provisions might bypass (resolve) the 1948 issue without going to court. Rather the opposite: people now will have to also comply with the new requirements established by the new law on top of all the arguments that were necessary before.”
This is all very big news and Nick will be joining our NEW Members-Only How to Move to Italy Virtual Workshop this summer – again, I feel so much is changing that we need to do a new workshop right away. Dream of Italy Members will have the chance to ask Nick directly about these new changes and other immigration and tax issues. Join now to be sure to receive your invitation to attend. – Kathy McCabe
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