Circolare 26185 dated May 28, 2025, from the Ministry of Interior was released, offering preliminary operational guidance for municipal civil status departments handling requests for Italian citizenship recognition.
The directive, implementing provisions of Law 74/2025—(read our previous article)—begins with the principle that Italian nationality does not transfer automatically to individuals born outside Italy and holding dual nationality. Such individuals are deemed never to have acquired Italian nationality, except in specific cases outlined in the amended Article 3-bis, par. 1, of Law 91/1992.
Continuous Lineage
A significant clarification from the directive states that individuals falling under the circumstances specified in the referenced Article 3 bis, par. 1, may be recognized Italian through established transmission procedures, particularly emphasizing the requirement for a continuous genuine link to italy
Consequently, merely having an Italian ascendant who passed away without naturilzing is not enough to be recognized if the chain was broken through renunciation or foreign naturalization by the applicant’s predecessor.
The Circolare further specifies that local authorities, when reviewing Italian nationality recognition requests submitted prior to March 27, 2025, or with scheduled consultations arranged and notified to applicants before this date, may continue implementing regulations established in the Circolare-Directive K28.1 from April 8, 1991, additionally noting that this category encompasses minors whose guardians requested birth record transcription before March 27, 2025.
Exclusive Nationality of Ascendant at Applicant’s Birth
Concerning evidence of adherence to the fresh regulation requiring at least one of the petitioner’s predecessors (parent or grandparent) to possess or have possessed exclusively Italian nationality, the circolare indicates the reference moment: applicants must demonstrate that at the time of their birth the parent or grandparent held exclusively Italian citizenship. If a parent or grandparent passed away before the birth of the applicant, it must be verified whether they held exclusively Italian citizenship at the time of their death.
Such evidence may be supplied and demanded by local authorities through various documentation including non-naturalization certificates, non-renunciation attestations, foreign electoral registry non-enrollment certificates, though simple substitute affidavits- affidavit from applicants themselves cannot be accepted.
For nationality transmission cases involving residency, clarification requires local authorities to demand historical residency documentation demonstrating continuous and unbroken residence established by applicants following their predecessor’s or adopter’s nationality acquisition.
Citizenship Acquisition by Adults
The cirolare clarifies that a foreigner or stateless person, whose father, mother, or one of their second-degree direct ascendant is or was citizen by birth, resides legally in Italy for at least two years upon reaching the age of majority and declares their intention to acquire citizenship within one year of reaching majority, they become a citizen.
Citizenship Acquisition by Foreign or Stateless Minors
For minors born abroad whose parents or guardians do not automatically transmit Italian citiznenship, the directive reiterates this constitutes acquisition through legal benefit rather than blood right; consequently, minors achieve Italian citizenship status only from the subsequent day after meeting legislative requirements.
The regulation under Article 4, par. 1 bis applies only to children of individuals who obtained nationality through blood right, thus excluding those who acquired it through marriage or naturalization.
For such cases, a € 250 fee is due and the parent or guardian must submit an acquisition intent declaration plus alternatively (i) the minor must maintain at least two consecutive years of Italian residence or (ii) the declaration must be filed within one year of birth or from the date when the parent-child relationship is established, including through adoption. For non-simultaneous parents’ declarations, the second parent’s declaration date serves as reference.
The circular also reiterates that a foreign or stateless minor who becomes an Italian citizen under paragraph 1-bis has the right, from the age of majority onwards, to renounce Italian citizenship if they hold citizenship of another state.On this point, it clarifies that since this is citizenship acquired through the will of the parent or guardian, the law allows renunciation at any time, provided it does not result in statelessness.
Nationality Acquisition for Minor Offspring of Italian Nationals Born Abroad
The circular explains the transitional provision scope referenced in Article 1 paragraph ter: for minors who are offspring of Italian citizens by birth and held such status on May 24, 2025, the acquisition intent declaration may be submitted until 23.59 Rome’s time on May 31, 2026, by parents/guardians or the individuals themselves if they have achieved adulthood meanwhile, accompanied by € 250 contribution payment.
Residency-Based Nationality for Italian Descendants
The confirmed reduction in residency duration—from three to two years—for nationality granting under Article 9 of Law 91/1992 applies to those possessing at least one parent or grandparent who holds or held Italian citizenship by birth.
Minor Offspring of Nationality Acquirers or Re-acquirers
The circolare supplies operational guidance for civil status officials in municipalities handling minor offspring cases of guardians who have gained or regained citizenship
Specifically, they must:
- implement pre-reform regulations if acquisition/re-acquisition occurred before May 23, 2025
- if acquisition/re-acquisition happened after May 23, 2025, confirm the minor maintained Italian residence for at least two years preceding parent naturalization (or continuously from birth if under two years old)
- verify actual cohabitation between minor and parent during acquisition/re-acquisition
Citizenship Re-acquisition
Individuals born in Italy or maintaining at least two consecutive years of residence who lost citizenship y before August 15, 1992, under previous Law 555/1912—for instance, through foreign country naturalization, renunciation due to involuntary alternative nationality acquisition, or nationality loss by naturalized minors alongside parents—receive extended deadlines to submit re-acquisition declarations between July 1, 2025, and December 31, 2027. Such declarations require personal submission by applicants before civil status officials.
