The Ministerial Circular 43347, issued by the Italian Ministry of Interior on October 3, 2024, marks a watershed moment in the processing of Italian citizenship applications.
The Circular builds upon recent court rulings regarding citizenship jure sanguinis that have offered a new interpretation of the 1912 law.
The Circular addresses three key aspects of citizenship claims through jure sanguinis:
- Interpretation of Law 555/1912
A provision that effectively breaks the transmission of Italian citizenship to minor children when their parent becomes naturalized as a citizen of another country. - Effective Date of Citizenship
Acquisition
This applies to individuals who are either recognized as children of Italian citizens or whose filiation is judicially established after reaching legal age. The Circular clarifies that citizenship is granted retroactively from birth, thereby extending to any descendants. - Proving Continuous Filial Status
The Circular outlines alternative methods for establishing ancestral lineage when seeking citizenship through jure sanguinis in cases where:- The birth certificate is completely missing
- Parental information is absent from the birth certificate
- The filiation details are unclear or questionable
New Interpretation of Law 555/1912: breaking the Bloodline for the Entire Family Unit
Under the traditional interpretation, minor children of naturalized citizens were deemed to retain their Italian citizenship.
However, according to a recent minority interpretation, minor children living with a naturalized parent lost their citizenship along with that parent.
This new interpretation stems from the historical context of 1912, when the law was enacted. At that time, the father, as head of the household, held complete decision-making authority over his wife and children. Therefore, his naturalization effectively extended to the entire family unit.
Under Law 555/1912, children of emigrants born in countries that applied jus soli (such as the United States) could hold dual citizenship: American (for example) by birth and Italian by descent.
Previously, this dual citizenship status was considered maintained even after the Italian parent's naturalization, provided the child was born before the parent's naturalization.
Current interpretation clarifies that when a father became naturalized while his child was a minor and living with him, the line of citizenship transmission is considered broken under Article 12.
Once reaching adulthood, the child had the option to reclaim Italian citizenship and reestablish ties with Italy. This aspect should be carefully investigated when researching family history to determine if the individual exercised their right to restore dual citizenship.
However, for this reclamation of citizenship to be valid in establishing the bloodline, it must be documented and must have occurred before the birth of the descendant through whom the current applicant claims citizenship.
The Court of Cassation's Order No. 454 of 2024 provides the definitive interpretation of Law No. 555 of 1912.
While acknowledging that children of Italian citizens born abroad could acquire both Italian citizenship through jure sanguinis and citizenship of their birthplace through jus soli – thereby holding dual citizenship – this status was lost if their cohabiting father became naturalized during their minority. This loss occurred because the father, as head of the family, made decisions that legally bound all family members under his authority.
This interpretation aimed to maintain citizenship unity within families, reflecting the social structure of both 1865 and 1912. During this period, the family was viewed as a unit led by the head of household, who held authority over minors and responsibility for protecting dependents (wife and children). His decisions were binding on all family members, provided they shared a common residence.
While this framework is now considered outdated and anachronistic, it accurately reflects the historical period when the law was enacted.
Consular Updates
Following the issuance of Circular 43347, Italian Consulates have informed users about its implications and potential grounds for application rejection.
The current situation is summarized in the following official notice:
"We draw the attention of those interested in claiming Italian citizenship by descent to significant changes introduced by recent Supreme Court of Cassation rulings (Civil Section I, Orders No. 454/2024 and 17161/2023) and the Ministry of Interior Circular No. 43347 of October 3, 2024, which implements these new judicial interpretations.
In line with the Supreme Court's position, the Circular clarifies that when an Italian citizen lost citizenship through voluntary naturalization under the 1912 law (or the earlier 1865 Civil Code), this loss automatically extended to any minor children living with them. This applies even if the child was born in a country applying jus soli, such as the United States, where they held dual citizenship at birth (Italian through paternal descent under jure sanguinis, and foreign citizenship through birthplace under jus soli). In such cases, the citizenship transmission line is considered broken, as the minor lost the ability to pass Italian citizenship to future descendants from the date of their father's naturalization.
However, applicants may demonstrate that their ancestor, after reaching adulthood, formally reclaimed their Italian status civitatis following this loss. If such reclamation can be proven, it must have occurred before the birth of the applicant's direct ancestor in the lineage. Otherwise, the transmission line cannot be considered restored."
Advisory Notice to Applicants:
"If you believe you no longer qualify for Italian citizenship by descent under these new regulations, please refrain from submitting an application."
Note that this does not preclude exploring citizenship claims through other ancestral lines or pursuing the matter through legal channels.
Retroactive Citizenship Recognition for Adult Children
Circular 43347 marks a significant shift in how citizenship acquisition is interpreted for adults who are either recognized by their Italian parents or obtain filiation recognition through court proceedings.
Previously, legal interpretation set the effective date of citizenship as the day following the election. However, the Circular, citing Court of Cassation ruling No. 5518/2024, now establishes equal status between children recognized at birth and those recognized after reaching legal age.
Under this new interpretation, when Italian citizenship is acquired through recognition by an Italian parent or through judicial declaration of filiation during adulthood, it is considered retroactive to the date of birth. This retroactive effect extends citizenship rights to any descendants.
Establishing Continuous Filial Status
The Circular reexamines the concept of continuous filial status to address cases where applicants cannot produce their Italian ancestor's birth certificate.
This section of the Circular is based on the Court of Cassation ruling No. 14194 of May 22, 2024. The Supreme Court ruled that a marriage certificate can serve as an alternative to a missing birth certificate, stating: "Posthumous recognition recorded in a marriage certificate is sufficient to establish continuous filial status and prove paternity, thereby confirming the transmission of Italian citizenship."
However, the Ministry of Interior's Circular specifies that this provision only applies to citizenship claims pursued through court proceedings, not to administrative applications through consulates or municipalities.
Previously, there was uncertainty about whether alternative documentation could be substituted for birth certificates, causing many applications to stall.
The content of this article is intended to provide a general guide to the subject matter. Specialist advice should be sought about your specific circumstances.