New rules for Italian Citizenship by descent (iure sanguinis). The Circular of 24 July 2025 clarifies requirements and exemptions following Law 74/2025 (conversion of Decree-Law 36/2025). Learn who is affected, which documents are required, and the available alternatives.
Since 24 May 2025, Law No. 74 of 23 May 2025 has been in force, converting with amendments Decree-Law 36/2025 on Citizenship.
On 24 July 2025, the Ministry of the Interior issued Circular No. 36356, providing further operational guidance for Prefects, Municipalities, and Consulates.
The focus is on article 3-bis (new conditions for children born abroad) and the revised article 14 of Law 91/1992 (Citizenship for minor children living with the parent).
The legal context: why the legislator intervened
The explanatory report of Decree-Law 36/2025 emphasised the need to link the recognition of Italian Citizenship by descent to "genuine ties" with the Republic, in order to avoid an uncontrolled influx of applications and to ensure that the competent offices could function effectively.
Technically, the reform preserved Citizenship by descent but "tempered" it with stricter conditions, thereby excluding many descendants of Italian emigrants who left during the great waves of migration.
What changed with law 74/2025 (conversion of decree-law 36/2025)
The most significant changes introduced by Law 74 concern:
- Children born abroad holding another
Citizenship.
They no longer automatically acquire Italian Citizenship by descent. Exemptions (application of the previous rules) are provided in specific cases, including:- an appointment already scheduled or Citizenship already recognised by 27 March 2025;
- a court case initiated by 27 March 2025;
- parent or grandparent holding only Italian Citizenship;
- new point (d): if a parent legally resided in Italy for at least two years after acquiring Italian Citizenship and before the child's birth/adoption.
- Minor children living with the parent (article 14 of
Law 91/1992).
Article 14 has been amended: the minor acquires Citizenship together with the parent only if, on that date, the minor has been legally residing in Italy for at least two continuous years (or since birth if under the age of two).
Circular no. 36356: rationale, purpose, and key clarifications
The Ministry of the Interior issued further instructions "in light of the questions received" from Civil Registry officials, to ensure uniform application of the new rules.
Objective: to clarify how article 3-bis (letter d) and the new article 14 interact.
Key points of Circular no. 36356
The Circular clarifies:
- Scope of letter d) (article 3-bis): the parent who "transmits" Citizenship may have acquired it in any way (by descent, by naturalisation, or by legal entitlement). What matters is the two-year residence in Italy after acquiring Citizenship and before the child's birth/adoption.
- Minor children born abroad with another Citizenship: article 14 applies only if the exemption under article 3-bis, letter d), is met. Otherwise, there is no longer an automatic entitlement.
The practical aim is to provide uniform guidance to Prefects, Municipalities, and Consulates regarding documentation, verification, and timelines, following up on the first instructions issued on 28 May 2025 (Circular No. 26185).
Who is affected by the Circular (and how)
The Circular sheds light on the following categories:
- A) Descendants born abroad
Verification is required to establish whether an exemption applies. In the absence of one, recognition of Citizenship by descent is no longer automatic. - B) Minor children living with parents who become (or
become again) Italian citizens
Citizenship "through cohabitation" is recognised only if, on the date when the parent acquires/reacquires Citizenship, the child has already been living legally in Italy for two years (or since birth, if under two years of age). - C) Municipalities and Consulates
They must apply uniform criteria when processing applications and verifying requirements (residence, cohabitation, grounds for acquisition), following the updated operational instructions.
What to do next: a practical 6-Step Guide
Pending the outcome of Constitutional and Supreme Court proceedings on Citizenship by descent, the following steps are recommended:
- Preliminary verification: check whether you fall within an exemption (appointment or case filed before 27/03/2025; parent/grandparent holding only Italian Citizenship; requirement under letter d)).
- Family history reconstruction: collect Italian and foreign certificates, translations/apostilles, and evidence of the parent's two-year residence in Italy, if required.
- Consider alternatives to Citizenship by
descent:
- Acquisition by minors under the new article 4, paragraphs 1-bis and 1-ter, with a declaration of intent within the prescribed deadlines;
- Citizenship by grant for foreign descendants legally residing in Italy, with the residence requirement reduced to two years;
- Work permits outside immigration quotas for descendants from countries with a history of Italian emigration (with a view to future naturalisation).
- Timelines and deadlines: some cases have strict deadlines (appointments/declarations). Always check the relevant Consulate's website.
- Documentary preparation: pay close attention to legal residence and continuity (two years) where required.
- Legal and consular assistance: correct interpretation of the new requirements is crucial to avoid rejections. Our team offers specialised expertise in Citizenship and Administrative Law.
The 2025 reform does not abolish Citizenship by descent but reshapes it: recognition now requires proof of genuine ties with Italy (residence, cohabitation, timing).
The Circular of 24 July 2025 translates these rules into operational instructions for Citizenship offices.
If you are considering pursuing Citizenship by descent for yourself or your children, a thorough analysis of the requirements has now become essential.
The Immigration and Citizenship Department of our international law firm will assess your situation and determine whether you meet the conditions to apply for recognition of Italian Citizenship by descent.
Frequently Asked Questions (FAQ)
Can I still apply for recognition of Citizenship by descent if I was born abroad and have another Citizenship?
Yes, but it is no longer automatic. You must check whether you fall under an exemption (e.g. the letter d) requirement regarding the parent's two-year residence in Italy, or the other transitional cases).
If my minor child lives with me abroad, will they become Italian when I take the oath?
Since 24/05/2025, article 14 requires the child to have been legally residing in Italy for two years on the date when the parent acquires/reacquires Citizenship (or since birth, if under two years old). Otherwise, the acquisition does not apply.
What is the practical purpose of the Circular?
To provide uniform instructions on how to apply the new rules (especially article 3-bis, letter d), and article 14) and on what evidence/documents must be requested.
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.
