Introduction

The Ministry of the Interior’s circular 2025 n. 12856 provides essential clarifications on the application of the new Article 3-bis of Law No. 91/1992, introduced by Law No. 74/2025, regarding the transmission of Italian citizenship iure sanguinis to minors born abroad who hold another citizenship.

Explore also our related article Ministry of Interior Circolare May 28 n. 26185 – Guidelines for Italian Citizenship Recognition

Key Temporal Distinction

The Ministry emphasized a critical distinction every civil status officer must observe:

1. Minor born after the parent acquires Italian citizenship:
   • Applies Article 3-bis, letter d), in combination with Article 1, paragraph 1, letter a) of Law No. 91/1992.
   • Requires verification of at least two continuous years of residence in Italy by the parent after acquiring citizenship and before the child’s birth.
2. Minor born before the parent acquires Italian citizenship:
   • Applies Article 3-bis, letter d), combined with Article 14 of Law No. 91/1992 (iuris communicatione).
   • Two-year residence in Italy by the parent remains essential for the extension of citizenship.

Note: This temporal distinction—before or after acquisition—is important for correct interpretation”.

Article 3-bis, Paragraph 1, Letter d)

A child born abroad holding another citizenship does not automatically acquire Italian citizenship iure sanguinis, unless:

• The Italian parent has completed at least two continuous years of residence in Italy after becoming a citizen, and this period was before the child’s birth.

Case 1: Minor Born Abroad AFTER Parent’s Citizenship Acquisition

To qualify under Art. 1 in conjunction with Art. 3-bis, Law No. 91/1992, the following two cumulative conditions must be met:

1. Parent was already an Italian citizen at the child’s birth.
2. Parent completed at least two continuous years of residence in Italy after acquiring citizenship and before the child’s birth.

Important: Civil status officers must rigorously verify both the parent’s acquisition and continuity of legal residence.

Only when both conditions are satisfied can the minor acquire citizenship iure sanguinis

Case 2: Citizenship iuris communicatione for Minors Born Abroad

Applicable to children born abroad holding another citizenship of a parent acquiring/reacquiring citizenship (Art. 3-bis, paragraph 1, letter d) in conjunction with Art. 14, L. 91/1992).

Article 14 applies in these cases:

• Minor born in Italy: always allowed.
• Minor born abroad and stateless or only Italian citizen: always allowed.
• Minor born abroad with another citizenship: allowed only if all Art. 3-bis, paragraph 1, letter d) conditions are met.

Requirements for the Minor:

1. Parent’s residence before birth: Two continuous years in Italy before child’s birth.
2. Parent’s residence after acquisition/reacquisition: Two continuous years in Italy.
3. Child’s residence/cohabitation in Italy (Art. 14):
   • Minor must legally reside in Italy for at least two continuous years cohabiting with the parent at the oath, OR
   • If under 2 years old, reside legally since birth.

Effective Date: Citizenship is acquired the day after the parent’s oath (Art. 15, Law 91/1992). Decree date is irrelevant.

Transitional Regime (Oaths Before 23 May 2025)

• Previous rules apply for oaths up to 22 May 2025.
• No need to verify two-year residence of child or parent before oath.
• New rules apply from 23 May 2025 onward, effective the following day.