For generations, the dream of claiming Italian heritage and securing Italian citizenship has beckoned to descendants around the globe. The allure of an Italian passport, with its promise of European access and a connection to ancestral roots, has fueled countless applications. However, recent shifts in Italian law are poised to reshape this landscape, potentially closing the door for many who hoped to claim their birthright. These changes, impacting those seeking Italian citizenship through descent, introduce new rules that redefine who qualifies and why.

Italy has quietly tightened its regulations regarding Italian citizenship for descendants, sparking concern and confusion among those with Italian ancestry. The revised criteria, explained in detail below, significantly narrow the scope of eligibility, potentially affecting thousands who might have previously qualified. This shift raises important questions about the future of jus sanguinis, the principle of citizenship by blood, within the Italian legal framework.

Understanding the Previous ‘Jus Sanguinis’ Law

The foundation of Italian citizenship for descendants rested on the principle of jus sanguinis, a Latin term meaning “right of blood.” This meant that citizenship could be claimed through ancestry, regardless of where the individual was born. Under the old law, anyone with an Italian ancestor who was alive after March 17, 1861, the date of Italian unification, was potentially eligible to apply.

This relatively liberal interpretation of jus sanguinis led to a surge in applications, with individuals tracing their lineage back generations to establish their claim. Many were successful in obtaining Italian citizenship based on distant ancestors, creating a significant administrative burden for Italian consulates worldwide. The simplicity of demonstrating Italian ancestry, in theory, made the process accessible, though often lengthy, for individuals seeking to connect with their heritage and gain the benefits of an Italian passport.

Key Changes to Italian Citizenship Law

The recent changes to Italian citizenship law represent a significant departure from the previously established norms, introducing stricter requirements and potentially limiting the number of successful applications.

What are the new requirements for Italian citizenship by descent?

The most impactful change stipulates that applicants must now have a parent or grandparent who was a citizen by birth. This effectively eliminates the possibility of claiming Italian citizenship through more distant ancestors, such as great-grandparents or beyond, a pathway that was previously open to many.

The implications of this change are far-reaching. Fewer individuals will now qualify for Italian citizenship by descent, particularly those whose Italian ancestors emigrated several generations ago. This revision reflects a shift in Italy’s approach to citizenship, emphasizing a closer and more demonstrable link between the applicant and their Italian heritage.

Why did Italy change its citizenship rules?

The Italian government has cited several reasons for the overhaul of its citizenship regulations. One key motivation is to strengthen the connection between Italy and its citizens abroad, ensuring that those who claim Italian citizenship have a genuine and demonstrable tie to the country. Another factor is the desire to combat potential abuse and commercialization of the Italian passport, ensuring the integrity of the citizenship process. The move also aims to address the significant backlog of pending applications, freeing up resources and streamlining consular services.

Foreign Minister Antonio Tajani stated: “Citizenship must be a serious thing…precise limits will be set, especially to avoid abuse or phenomena of ‘commercialisation’ of Italian passports”. This quote underscores the government’s commitment to safeguarding the value and integrity of Italian citizenship.

The decision also comes amid a backdrop of increasing numbers of Italian citizens residing abroad. Recent statistics indicate a 40% surge in Italian citizens living outside of Italy between 2014 and 2024, placing additional strain on consular services and prompting the government to reassess its citizenship policies.

Impact of the New Law

Who is most affected by these changes?

The individuals most directly affected by these new rules are those with more distant Italian ancestry, such as great-grandparents or beyond. Under the previous regulations, these individuals could potentially claim Italian citizenship by demonstrating their lineage. However, the new requirement that applicants have a parent or grandparent who was a citizen by birth effectively eliminates this pathway.

Families who were already in the process of applying for Italian citizenship under the old rules may also be affected, depending on the specific circumstances of their case and how far along they were in the application process.

What happens to pending citizenship applications?

The Italian government is grappling with a significant backlog of over 60,000 pending legal proceedings related to Italian citizenship applications. The introduction of new rules aims, in part, to alleviate this burden by clarifying the eligibility criteria and streamlining the application process.

According to a statement from the Foreign Ministry, the government intends to free up resources and make consular services more efficient. While the specific impact on pending applications remains to be seen, the government’s stated goal is to expedite the processing of legitimate claims while preventing potential abuse of the system.

Addressing Concerns and Potential Alternatives

The changes to Italian citizenship law are undoubtedly disappointing for those who no longer qualify under the new rules. The dream of obtaining an Italian passport and connecting with their ancestral heritage may now seem out of reach.

It is important to emphasize that Italian citizenship remains a possibility for descendants, albeit with stricter criteria. Those with a parent or grandparent who was a citizen by birth may still be eligible to apply. For those who do not meet these requirements, alternative pathways to Italian residency or citizenship may exist, such as through marriage or naturalization, but consulting with an immigration lawyer is essential to explore these options effectively.

In summary, Italy has implemented significant changes to its Italian citizenship laws for descendants, primarily driven by a desire to strengthen the link between Italy and its citizens abroad, prevent abuse of the system, and address the backlog of pending applications. The new Italian passport rules require applicants to have a parent or grandparent who was a citizen by birth, significantly narrowing the scope of eligibility for Italian citizenship by descent.

According to the Italian government, these changes are necessary to ensure the integrity of the citizenship process and streamline consular services. For those seeking personalized advice and guidance on navigating these new rules, consulting with an immigration lawyer specializing in Italian citizenship is highly recommended.