The Circular No. 43347 dated October 3, 2024, issued by the Ministry of the Interior, in adopting the new guidelines of the Court of Cassation, introduced significant changes regarding the recognition of Italian citizenship iure sanguinis, and provided instructions to the Prefectures on the new interpretative guidelines to be followed for its attribution.
Circular 43347: what has changed for Italian citizenship iure sanguinis?
In adopting the guidelines of the Supreme Court of Cassation, Circular 43347 on Italian citizenship establishes that an Italian citizen who loses Italian citizenship due to the voluntary acquisition of foreign nationality simultaneously causes the loss of citizenship status for their minor child living with them, even if the child was born in a country (such as the United States) where ius soli applies (i.e., the case where, at birth, the individual holds dual nationality: Italian under the principle of iure sanguinis and foreign based on the place of birth, under the principle of ius soli).
In other words, the transmission line of citizenship is considered interrupted from the date of the father's naturalization.
Given this, those interested in applying for Italian citizenship must demonstrate that their ancestor always retained Italian citizenship or, if the ancestor lost it while still a minor, must prove that they regained it upon reaching adulthood. Failure to reacquire Italian citizenship would prevent the ability to transmit it to their descendants.
The reacquisition of citizenship, in any case, must have occurred before the birth of the direct descendant. Otherwise, the transmission line cannot be considered re-established.
The core principle governing the acquisition of Italian citizenship remains iure sanguinis, which ensures the perpetuation of Italian citizenship through the direct descendants of an Italian citizen.
Compared to the previous regulations, however, this circular has broadly:
- Recognized equality between men and women in the transmission of citizenship;
- Emphasized the importance of an individual's explicit expression of intent.
Circular 43347: The non-naturalization document
The circular emphasizes the importance of providing, during the preliminary review of an application for citizenship iure sanguinis, the "non-naturalization" document of the ancestor, issued by the competent consular authorities of the foreign country of emigration. This document certifies that the Italian ancestor did not voluntarily acquire the citizenship of the foreign state or, in any case, never renounced Italian citizenship.
The significance of the non-naturalization document is evident from the fact that, during the review process for an Italian citizenship application iure sanguinis, the applicant must demonstrate that the ancestor who lost Italian citizenship as a minor due to the voluntary naturalization of their parent subsequently reacquired Italian citizenship. This requirement applies even if the parent already held foreign citizenship by birth in a country where the ius soli principle for granting citizenship is in effect.
Conversely, if the ancestor acquired foreign citizenship, the document must indicate the date of their naturalization to verify whether it occurred during their minority (and not just prior to the birth of their descendant).
In the event that the ancestor lost Italian citizenship while still a minor, documentation proving the reacquisition of Italian citizenship upon reaching adulthood must also be provided. It is essential that the ancestor's reacquisition of Italian citizenship occurred before the birth of their direct descendants.
Circular 43347: Retroactive Effect of the Circular on Italian Citizenship
Given the innovative nature of the Circular, one might wonder from when the new interpretative guidelines will be applicable to citizenship applications?
The effective date is clearly outlined in the text itself: "to promptly align administrative actions with the aforementioned clear judicial guidelines, it is deemed that, in the context of analyzing applications for citizenship iure sanguinis, the new orientation and the resulting interpretative guidelines may be taken into account immediately."
Circular 43347: How Can We Help You?
The law firm Arnone & Sicomo has a dedicated immigration law department:
- for years, we have assisted foreigners seeking to obtain Italian citizenship by descent.
- we handle the retrieval of ancestral certificates in Italy.
- we assist clients with the procedure before Italian consulates abroad.
This circular is already influencing the approach of Italian consulates regarding the recognition of Italian citizenship iure sanguinis. But is it truly legitimate? To find out, click here.
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.
