New Rules on Italian Citizenship: What Law 36/2025 Establishes
On May 20, 2025, Italy officially enacted Law 36/2025, introducing significant changes to the rules governing the recognition and acquisition of Italian citizenship. The new legislation affects individuals born abroad, minors, descendants of Italian citizens, former Italian nationals, and those seeking work in Italy. The reform introduces retroactive restrictions, new eligibility criteria, and limited exceptions.
Citizenship for Individuals Born Abroad
New General Rule
Those born abroad who hold another citizenship no longer automatically acquire Italian citizenship. This rule is retroactive and applies even to those born before the law came into effect.
Exceptions Provided by Law
The previous rules remain valid in the following cases:
Citizenship was recognized or an official appointment was scheduled before March 27, 2025;
A judicial application was filed by that date;
A parent or grandparent held only Italian citizenship;
A parent or adoptive parent legally resided in Italy for at least two years after acquiring citizenship and before the child’s birth or adoption.
Foreign or Stateless Minors: Citizenship by Declaration
Acquisition until May 31, 2026
A foreign or stateless minor, descended from parents who are Italian citizens by birth, becomes an Italian citizen if the parents or legal guardian declare their intention to obtain citizenship by May 31, 2026.
Acquisition after May 31, 2026
After this date, the minor may obtain citizenship if:
They legally reside in Italy for at least two consecutive years following the declaration;
Or the declaration is submitted within one year of birth, adoption, or recognition by an Italian citizen.
A minor who acquires Italian citizenship and also holds another citizenship may renounce Italian citizenship upon reaching the age of 18.
Separately, the minor child of a person who acquires Italian citizenship can also obtain it, but only if the child has legally resided in Italy for at least two consecutive years at the time of the parent’s acquisition (or since birth, if under two years old).
Legal Proceedings and Burden of Proof
In legal disputes over citizenship recognition:
Oaths and witness testimony are not permitted, unless explicitly allowed by law;
The burden of proof lies with the claimant, who must demonstrate that no disqualifying conditions exist.
Entry into Italy for Work: Benefits for Descendants
A foreign national residing abroad, who is a descendant of Italian citizens and a national of a country with historic Italian emigration, may enter and stay in Italy for subordinate work even outside the annual immigration quotas established by the “decreto flussi.”
The list of eligible countries will be determined by an interministerial decree.
Entry into Italy for Work: Benefits for Descendants
A foreign national residing abroad, who is a descendant of Italian citizens and a national of a country with historic Italian emigration, may enter and stay in Italy for subordinate work even outside the annual immigration quotas established by the “decreto flussi.”
The list of eligible countries will be determined by an interministerial decree.
Granting of Italian Citizenship
Residents in Italy: The required period of legal residence in Italy is reduced from 3 to 2 years if the applicant has a parent or grandparent who is an Italian citizen by birth.
Former Italian citizens: Those who lost citizenship under Law 555/1912 and were either born in Italy or resided there for at least two consecutive years may reacquire it by declaration between July 1, 2025, and December 31, 2027.
Excluded cases (judicial path): Individuals born before March 27, 2025, who do not meet the conditions set by the new law, may still seek recognition through the courts. The retroactive application of the new rules could be deemed unconstitutional and contrary to the principles of the ECHR (European Convention on Human Rights).
Conclusion
The new framework under Law 36/2025 deeply reshapes access to Italian citizenship. Given the complexity and implications of the reform, it is crucial to assess individual cases carefully.
Italiza, a specialized agency for citizenship and migration services, and Mignacca International Law, a global legal firm with years of experience in citizenship matters, are available to support you in every phase of the process.
Contact us for a free consultation and personalized legal guidance to evaluate your case and understand your rights.
