Italian citizenship and the jure sanguinis principle

Italian citizenship law is primarily founded on the principle of jure sanguinis, meaning that citizenship is transmitted through bloodline rather than place of birth. As a general rule, a person born to at least one Italian parent is entitled to Italian citizenship, regardless of where the birth occurs.

That said, being born outside Italy does not automatically grant citizenship to individuals with Italian ancestry. Eligibility depends on meeting specific legal conditions established under Italian law.

Law 74/2025 has converted Decree-Law 36/2025 (AKA Tajani Decree) into law, definitively introducing significant changes to the rules governing the acquisition of Italian citizenship by descent.

Italian citizenship by descent. Who may apply.

Art. 3-bis, Law 91/1992 (as amended by Art. 1, para. 1, D.L. 28 March 2025, No. 36, converted with amendments by L. 23 May 2025, No. 74)

Persons born abroad who hold another citizenship do not automatically acquire Italian citizenship. This applies retroactively to those born before the law came into force.

However, exceptions exist:

• If Italian citizenship status has been recognized, or the applicant received an appointment to submit their application before 27 March 2025, at 23:59 Rome time (Art. 3-bis, letter a, Law 91/92)
• If citizenship was judicially confirmed following a claim filed before 27 March 2025, at 23:59 Rome time (Art. 3-bis, letter a-bis)
• If the applicant’s citizenship status is judicially established, in accordance with the applicable law on 27 March 2025, following a judicial petition filed no later than 23:59 Rome time on that same date (Art. 3-bis, letter b, Law 91/92)
• If a parent or grandparent held exclusively Italian citizenship (i.e., no dual nationality) (Art. 3-bis, letter c, Law 91/92)
• If a parent or adoptive parent resided in Italy for at least two consecutive years after acquiring Italian citizenship and before the birth or adoption of the child (Art. 3-bis, letter d, Law 91/92)

Eligibility requirements for citizenship by birth

An applicant born abroad may qualify for Italian citizenship by descent if at least one of the following conditions is met:

• The applicant has a parent or grandparent who was solely an Italian citizen at the time of the applicant’s birth, or who held exclusive Italian citizenship at the time of death if the death occurred before the applicant’s birth.
• The applicant has a parent or adoptive parent who legally resided in Italy for at least two uninterrupted years after acquiring Italian citizenship and before the applicant’s birth or adoption.

To successfully apply, it is essential to demonstrate that the Italian lineage was transmitted continuously, without any interruption, from the Italian ancestor to the applicant.

Importantly, obtaining Italian citizenship does not in itself create tax liabilities. Tax obligations arise only if and when the individual establishes tax residency in Italy.

Citizenship by acquisition (not by birth). The innovation introduced by law 74/2025

Art. 4, para. 1-bis, Law 91/1992 (paragraph inserted by Art. 1, para. 1-bis, letter b), D.L. 28 March 2025, No. 36, converted with amendments by L. 23 May 2025, No. 74)

This provision introduces a new pathway: citizenship by acquisition or “benefit of law”, as distinct from citizenship by birth.

A minor who is a foreign national or stateless person, and whose mother or father is an Italian citizen by birth, may acquire Italian citizenship if the parents or legal guardian formally declare their intention for the child to acquire citizenship, and one of the following conditions is met:

• a) After the declaration has been submitted, the minor lawfully and continuously resides in Italy for at least two years; or
• b) The declaration is submitted within one year of the child’s birth, or within one year from the date on which the parent-child relationship is legally established — including through adoption — with an Italian citizen.

Important deadline. Article 1-ter of Law 74/2025 provides that minors who, at the date the conversion law entered into force, are children of citizens by birth under Art. 3-bis, para. 1, letters a), a-bis) and b) of Law 91/1992, may submit the declaration no later than 23:59 Rome time on 31 May 2029 (extended from the original deadline of 21 May 2026)

Art. 4, para. 1-ter, Law 91/1992 further establishes that the child may renounce Italian citizenship upon turning 18, provided they hold another nationality.

Additional pathways to citizenship by acquisition

Art. 4, Law 91/1992 (preamble, as amended by Art. 1, para. 1-bis, letter a), D.L. 28 March 2025, No. 36, converted with amendments by L. 23 May 2025, No. 74)

A foreign national or stateless person whose father, mother, or one of the direct-line ascendants of the second degree is or was a citizen by birth becomes an Italian citizen:

• A) by performing effective military service for the Italian State, having previously declared their intention to acquire Italian citizenship;
• B) by taking up public employment with the Italian State, including abroad, and declaring their intention to acquire Italian citizenship;
• C) upon reaching the age of majority, having lawfully resided in Italy for at least two years, by declaring — within one year of coming of age — their intention to acquire Italian citizenship.

Rules applicable to minor children

Art. 4, para. 1-bis and 1-ter, and Art. 1-ter, Law 74/2025

Specific provisions apply to minor children of Italian citizens:

• Children who were under 18 years of age on 24 May 2025 may acquire Italian citizenship through a declaration submitted by their parents. This option remains available until May 2029 (extended from the original deadline 31 May 2026).
• Children under one year of age may acquire citizenship if a parent or legal guardian submits the required declaration within the child’s first year of life.
• Children older than one year must lawfully reside in Italy for two consecutive years following the submission of a parental declaration in order to obtain citizenship.

Minor’s citizenship following a parent’s naturalization

Art. 14, Law 91/1992 (as amended by Art. 1, para. 1-quater, D.L. 28 March 2025, No. 36, converted with amendments by L. 23 May 2025, No. 74)

A minor child of a parent who acquires Italian citizenship may also acquire citizenship, provided the child has lawfully and continuously resided in Italy for at least two years at the time the parent becomes a citizen.

If the child is under two years of age, this requirement is deemed satisfied if the child has resided in Italy since birth.

However, this provision has already been subject to judicial challenge. A court has taken a position contrary to the Ministry’s interpretation of this rule. Read also our related artilce Italian Citizenship for Children of Naturalized Foreigners: Trento Court Overrules the Ministry

Citizenship recognition and legal proceedings

Art. 1, para. 2, D.L. 28 March 2025, No. 36, converted with amendments by L. 23 May 2025, No. 74

Stricter rules now apply to legal proceedings concerning citizenship recognition. Oaths and witness testimony are no longer admissible as evidence unless expressly permitted by law. The burden of proof rests with the person seeking recognition of Italian citizenship.

Entry and work rights for descendants of Italian citizens

Art. 27, para. octies, Legislative Decree No. 286/1998 – Consolidated Immigration Act (as amended by Art. 1-bis, para. 1, D.L. 28 March 2025, No. 36, converted with amendments by L. 23 May 2025, No. 74)

Foreign nationals residing abroad who are descendants of Italian citizens and nationals of countries with a historical record of Italian emigration may enter and work in Italy outside the annual immigration quotas. A ministerial decree will define the eligible countries.

Faster citizenship by residence for descendants of Italian citizens

Art. 9, letter a), Law 91/1992 (as amended by Art. 1-bis, para. 2, letter a), D.L. 28 March 2025, No. 36, converted with amendments by L. 23 May 2025, No. 74)

The residency requirement for descendants (children or grandchildren) of Italian citizens by birth applying for citizenship by naturalization has been reduced from three to two years.

Reacquisition of Italian citizenship

Art. 17, Law 91/1992 (as replaced by Art. 1-ter, para. 1, letter b), D.L. 28 March 2025, No. 36, converted with amendments by L. 23 May 2025, No. 74)

Persons born in Italy or who resided there for at least two consecutive years, and who lost their Italian citizenship under Law No. 555/1912, may reacquire it by declaration between 1 July 2025 and 31 December 2027.

Read also: Italian Citizenship by Descent, the Constitutional Court Validates the 2025 Reform: Judgment No. 63/2026