Eligibility for Italian citizenship by descent after the new law 74/2025
After the entry into force of DL 36//2025 in March 2025, also known as the Tajani decree, Italy tightened its rules on ancestry-based citizenship. As a result, Italian citizenship by descent (jure sanguinis) is no longer available to everyone with Italian ancestry.
So, who still qualifies for Italian citizenship by descent — and are there any exceptions left?
In general, you may still apply if your situation falls within one of the exceptions introduced by the new law, such as specific family situations involving Italian parents or grandparents who meet the new legal requirements.
Who is still eligible under the new rules?
You may still qualify for Italian citizenship by descent in 2025 if:
– your application or recognition request was submitted before March 27, 2025;
– a court case concerning your citizenship was filed before that date;
– your Italian parent or grandparent meets the conditions set by Law 74/2025;
– you fall within one of the transitional provisions introduced for minors.
Below, we explain how the new baseline rule works, which exceptions still apply, and what alternative options remain available after the 2025 reform
The new baseline: citizenship limited to parents and grandparents
Under Italy’s new citizenship law, people born outside Italy, can only apply for Italian citizenship by descent if they have at least one Italian parent or grandparent who holds only Italian citizenship, not dual nationality.
This reform marks a major shift from the previous framework, which allowed people with even distant Italian ancestors to claim citizenship as long as they could prove an unbroken line of descent (ius sanguinis).
For the full legal background of Law 74/2025, see our detailed legal analysis – Law 74/2025: Legal Changes to Italian Citizenship Explained
Why Italy changed the law on citizenship
For years, millions of people across the world — particularly in the United States, South America, and Australia — were eligible to reclaim Italian citizenship through ancestry. However, the Italian government argued that the system had been overused and difficult to regulate, prompting tighter controls and a two-generation limit.
The two exceptions that still allow dual-national parents to pass on citizenship
Even under the new restrictions, there are two exceptions that allow some people with dual-national Italian parents to pass citizenship to their children.
Exception 1: Parent has two years of Italian residency as a citizen
Under the first exception, a parent or adoptive parent who has lived in Italy for at least two consecutive years after acquiring Italian citizen before their child’s birth or adoption can transmit citizenship, even if they hold another nationality.
The parent may have become Italian by any means — through residency, marriage, or descent.
Example
Thomas was born in the U.S in 1980. He moved to Italy in 2010 and obtained Italian citizenship through residency in 2020. After taking his oath, he remained in Italy for two years before returning to theU.S. When he had a child in early 2025, that child qualified for Italian citizenship because Thomas had lived in Italy for two years after acquiring Italian citizenship and before the birth.
This case illustrates how living in Italy for two years as an Italian citizen can make a difference in eligibility
Exception 2: Parent submits a declaration of intent before the child turns one
The second exception allows Italian parents by birth (per nascita) to pass on citizenship even if they hold dual nationality — provided they submit a “declaration of intent” to apply for citizenship on behalf of their child within one year of the child’s birth or adoption.
In this context, “by birth” doesn’t mean the parent was recognized as Italian from birth; it simply means they gained citizenship through bloodline, not through residency or marriage.
Example
Valentina was born in 1999 in the United States and was eligible for recognition of Italian citizenship by descent through her Italian grandparent. She applied at her local consulate in 2022 and was officially recognized as Italian in 2024.
Although the recognition came years later, Valentina is considered an Italian citizen from the time of her birth. If her child is born in 2025, she can submit a declaration of intent before the child’s first birthday — making her child Italian from the day after the declaration is filed.
Also the other parent of the child must submit the declaration and if filed after Valentina’s, the child will be Italian from the day after the second declaration.You’ll also need to pay a €250 application processing fee to the interior ministry and provide proof of payment at the appointment.
May 2026: the grace period for parents of minors
When Italy introduced the new law in May 2025, many potential applicants were caught off guard. To ease the transition, lawmakers included a grace period for families with minor children.
If you are an Italian citizen and your child was under 18 on May 24, 2025, you can still file a declaration of intent by May 31, 2026 (11:59 p.m. Rome time) for your child to be recognized as an Italian citizen under the previous, more flexible system.
This one-year extension gives families more time to gather the documents needed for Italian citizenship by descent — such as birth, marriage, and death certificates, plus proof that no ancestor renounced Italian citizenship.
Fast-track citizenship through residency
If you were born outside Italy and your Italian parent or grandparent has dual citizenship, you may no longer qualify under ius sanguinis. However, there is a fast-track route to citizenship through residency.
Anyone whose Italian ancestor is Italian by birth (per nascita) can apply for Italian citizenship in Italy after only two years of legal residency, instead of the usual four to ten.
Keep in mind that this is a residency-based process, not a descent claim. That means applicants must meet several conditions, such as passing a B1-level Italian language test and proving sufficient income.Although the process is different, it’s still a pathway rooted in your Italian heritage.
The benefits and disadvantages of Italian dual citizenship
Even with stricter regulations, there are significant benefits of Italian citizenship:
- The right to live, work, and study anywhere in the European Union.
- Access to Italy’s public healthcare and education systems.
- The ability to pass citizenship to future generations.
- Easier property ownership and long-term residence in Italy.
However, it’s worth noting some disadvantages of Italian dual citizenship. Depending on your country of residence, you may face potential double taxation, military service obligations (though largely symbolic today), or administrative complications when managing two passports.
Understanding both the benefits and obligations helps new applicants make informed decisions before applying.
Final thoughts
Italy’s new rules on ancestry-based citizenship have narrowed eligibility, limiting automatic recognition to just two generations. Still, through the two-year residency exception, the declaration of intent process, and the May 2026 grace period, there remain real opportunities for families to preserve their Italian heritage.
For those planning to apply for Italian citizenship by descent, early preparation is essential. Gathering the right documents, confirming eligibility, and staying ahead of deadlines can make the difference between success and delay.
Even in this new, stricter phase, Italy continues to offer a living connection between ancestry and identity — one that keeps families linked to their Italian roots, with the support of qualified professionals offering citizenship assistance in Italy
