Italian citizenship changes: what your options may still be

Italy’s Constitutional Court

Over the past year there has been a lot of discussion and lots of confusion and commentary about changes to Italian citizenship law.

A quick summary
In 2025, the Italian government introduced Law 74/2025, which tightened the rules for recognising citizenship by descent (jure sanguinis). The law limits automatic eligibility to people with a parent or grandparent born in Italy, narrowing a pathway that previously allowed many descendants of Italian emigrants to apply.

In March 2026, the Italian Constitutional Court held a hearing to review whether parts of this law are compatible with the Italian Constitution. A final decision is expected in the coming months. However, the official communication issued by the Court the morning after the hearing suggests that the Court will not uphold the challenges raised against the law.

With all of this happening, many people have been asking the same question: What does this mean for my citizenship options now?

The reality is that several pathways may still exist, depending on your family line, your timing, and your personal circumstances.

Here’s a practical overview of the options people are currently exploring.

1. Citizenship by descent through a consulate

For some people, the traditional jure sanguinis pathway through an Italian consulate is still possible.

This generally applies if:

• A parent or grandparent was born in Italy, and they were exclusively Italian (or still Italian at the time of their death)
• They did not lose Italian citizenship before the next generation was born, or when the next generation was under 18 (or under 21 before 1975).

The process usually involves gathering civil records across generations, booking a consulate appointment and submitting documentation for recognition of citizenship.

For people who clearly meet the generational requirements, this remains the most straightforward path.

2. Citizenship through the Italian courts

Even before the recent law changes, many people obtained Italian citizenship through the courts. Court cases are typically used when the consulate process cannot recognise a legitimate claim. 

Common examples include:

• 1948 cases
  Italian law historically prevented women from passing citizenship to their children before 1948. If your lineage passes through a woman before that date, recognition is usually pursued through an Italian court.
  

• Consulate delays or refusals
  Some people pursue judicial recognition when:

• a consulate incorrectly refuses recognition
• the consulate cannot process a case within legal timeframes
• applicants were unable to secure appointments for many years

These cases are assessed individually by Italian judges.

3. Court challenges linked to the new law

Since the introduction of Law 74/2025, some legal challenges have focused on whether the new restrictions violate constitutional principles.

Questions currently being considered include situations where:

• someone was eligible before the law changed but could not obtain a consulate appointment
• an application was already in progress when the law was introduced
• citizenship by descent may be considered a right acquired at birth

These cases are still evolving and outcomes will likely depend on future court decisions. Remember, we're still waiting on the final decision which will come with 'reasoning'. Then we will know what reasoning can be challenged.

4. The “minor issue”

Another legal question currently before Italy’s higher courts relates to what is often called the “minor issue.” This concerns situations where an Italian ancestor naturalised in another country while their child (the next person in the line) was still a minor (under 18 after 1975, under 21 before 1975).

Italian courts have issued mixed decisions on these cases and the Italian Supreme Court is expected to clarify the legal interpretation.

5. Moving to Italy instead

For some people, citizenship by descent may no longer be the most realistic pathway. But another option that’s often overlooked is simply moving to Italy and establishing residency.

Depending on your circumstances, this may be possible through visas such as:

• the Digital Nomad Visa
• the Elective Residency Visa
• work or business visas
• family reunification

Many people with Italian heritage ultimately choose to reconnect with Italy this way, building a life here first, and then exploring citizenship options later if possible

The most important thing to know

Every citizenship case is different. Two people with seemingly similar family histories can have completely different legal options depending on things like:

• naturalisation dates
• generational breaks
• where and when ancestors were born
• whether applications or appointments were attempted in the past

That’s why it’s important not to rely too heavily on general advice in online forums. Understanding your specific family line is always the first step.

If you’re unsure where you stand

If you’re feeling unsure about your eligibility, the most helpful starting point is to map out your family line clearly. From there, it becomes much easier to understand which pathways may still be possible — whether through a consulate, the courts, or another route entirely.

If you’d like help working through this, I offer personalised 30-minute clarity calls where we review your specific lineage and talk through the realistic options before deciding whether a legal consultation might be worthwhile.

Even with changing laws, many people still have paths forward — they just sometimes look a little different than they did a few years ago.

A note from someone who has been there

When the minor issue first affected my own case last year, I had to go back and look more closely at my family line. In doing that, I realised I was actually eligible through my grandmother’s side instead. So before assuming there are no options, it’s worth taking the time to look carefully at every possible avenue.

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