Italy's Interior Ministry published a circular on Wednesday, May 28, detailing the first operational instructions for the controversial new Law No. 74/2025. The law, which came into force on May 24, profoundly changes the criteria for recognizing Italian citizenship for people born outside the country.
The main change is the suspension of automatic recognition of citizenship for those born abroad and who have another nationality. The measure also applies to cases that predate the new law, which, according to constitutional lawyers, may contradict current rules and raise legal questions.
Exceptions and deadlines
The circular indicates, however, that those who prove certain conditions may still have their citizenship recognized. One of the valid criteria is the submission of a formal request by March 27, 2025, or an appointment made within that deadline, with adequate documentary proof.
Also included are ongoing court applications up to the same date, and cases where the applicant's father or grandfather had exclusively Italian citizenship at the time of birth or death. Another possibility involves parents who resided for at least two years in Italy after acquiring citizenship and before the birth of the child.
Minors and acquisition by declaration
The new law provides that minor children of Italians by birth may acquire citizenship upon declaration by their parents or legal guardian. To do so, the minor must reside in Italy for at least two years after the declaration, or the request must be made within one year of the birth or recognition of filiation.
This citizenship, acquired through legal benefit, may be renounced when the minor reaches adulthood, provided that he or she has another nationality.
Transitional rules and payment of fees
For minor children of Italian citizens recognized under the old rules, it will be possible to apply for citizenship until May 31, 2026. If the young person reaches the age of majority before that date, they must apply in person. In all cases, a fee of €250 per application is mandatory.
Naturalization and reduction of deadlines
The circular also reduces from three to two years the period of residence required in Italy for foreigners with Italian parents or grandparents by birth who wish to apply for citizenship by naturalization. For foreigners born in Italy, the minimum period remains three years.
Reacquisition of citizenship
Former Italian citizens who lost their nationality before August 15, 1992 will be able to apply for re-entry between July 1, 2025 and December 31, 2027. It is necessary to have been born in Italy or to have resided in the country for at least two years.
Declarations of acquisition or recovery of citizenship must be made in person before the competent civil authority and officially registered.
Frequently asked questions about the new Italian citizenship law
1. My minor son was born in Brazil. Is he still entitled to Italian citizenship?
Yes, but citizenship will no longer be automatic. It will be necessary to present a formal declaration of will from the parents and meet requirements such as legal and continuous residence in Italy for two years, or to declare within one year after birth or recognition of filiation.
2. I applied for citizenship before March 27, 2025, but it has not yet been recognized. Does this affect my minor child?
No. If the application was formalized within the deadline, your child may benefit, as long as the declaration of acquisition of citizenship is also made by May 31, 2026.
3. My grandfather was Italian, but I already have another nationality. Can I still apply for citizenship?
It depends. The new rule restricts automatic recognition in these cases. It will be necessary to verify that your grandfather was exclusively Italian on the relevant date (birth or death) and to provide documentary proof that the transmission line was not interrupted.
4. Do I need to travel to Italy to present the documents?
Not necessarily. However, the declaration of acquisition or reacquisition of citizenship must be made in person before a civil authority, which includes Italian consulates. Appointment and personal attendance are required.
5. Who lost the Italian citizenship can you get it back?
Yes, as long as you lost your passport before August 15, 1992 and were born in Italy or have lived there for two consecutive years. The application period is from July 1, 2025 to December 31, 2027.
6. How much does the process cost for minor children?
The fee is €250 per child, even if the parents submit the declaration at different times.
7. Can the new law be considered unconstitutional?
There are questions in this regard. Constitutional lawyers claim that retroactive application — that is, to cases prior to the law's entry into force — could violate legal principles of the Italian constitutional order, such as legal certainty and the non-retroactivity of more serious laws. The issue has not yet been ruled on by the Constitutional Court.
8. Is it possible to appeal if the citizenship application is denied based on the new rules?
Yes. Administrative denials can be appealed in court in Italy. It is recommended that the interested party seeks a lawyer specializing in administrative law. Italian citizenship to assess the viability of the case, especially if the request predates the new law or involves documents already filed.
9. Are there any collective actions or initiatives against this new legislation?
Several associations of the Italian-descendant community, especially in South America, are mobilizing. Some have signaled the possibility of collective legal action. To date, there has been no court decision suspending the effects of Law No. 74/2025.
10. Can old requests, with documents already submitted, be affected?
It depends. The circular clarifies that requests formally submitted by March 27, 2025 follow the previous rule. However, those who do not have a confirmed protocol or formal appointment may have their process classified under the new rules.
11. What if the court declares the law unconstitutional?
If the Italian Constitutional Court rules that the law—or parts of it—is unconstitutional, the effects of the decision could alter or nullify administrative decisions based on the current rule. Until then, however, the law remains valid and must be enforced by civil authorities.
Important dates and conditions for those seeking Italian citizenship
| Situation | Required condition | Deadline |
|---|---|---|
| Administrative request (common route) | Submitted with documents until 27/03/2025 | Until 27/03/2025 |
| Request with valid appointment | Appointment confirmed until 27/03/2025 | Until 27/03/2025 |
| Ongoing legal action | Action started until 27/03/2025 | Until 27/03/2025 |
| Declaration for minor children (exceptional cases) | Presentation by parents or legal guardian | Until 31/05/2026 |
| Reacquisition of citizenship by former citizens | Born in Italy or with 2 years of residence | 01/07/2025 a 31/12/2027 |
| Minor children of naturalized parents | Minimum of 2 years of legal residence before naturalization | Permanent, no deadline |
FOLLOW-US
