In an age where issues of nationality and immigration are ever more at the forefront of public discourse, Italy is not an exception. The Italian Parliament is discussing a new draft law since January 24th, 2024, proposing changes that could affect those of Italian descent seeking to reclaim their heritage through citizenship. This article delves into the proposed legislation, with special emphasis on its impact on third-degree descendants and beyond.
For amendments to the law regarding Italian citizenship applications for former Italian citizens, please check the information here.
Please note that this article was last updated in February 2025. Since March 28 the Italian Government has enacted a new temporarty regulation and approved two proposals that change the legal and political landscape. Please find here the latest updates: New Rules for Italian Citizenship by Descent (2025 Update)
The legal text explained
The draft law introduces specific criteria that will require demonstrating a close connection to Italy. For the 1st, 2nd and 3rd degree descendants, this means proficiency in the Italian language at the B1 level. Those beyond the third degree will have an additional requirement: a one-year residency in Italy.
The language of the law
“The right to Italian citizenship is recognized to individuals who demonstrate straight-line ascendancy up to the third degree of Italian citizens, born or resident in Italy. The applicant must satisfy the provisions of article 9.1 (of the Italian Nationality Act) for knowledge of the Italian language.
For citizenship claims beyond the third degree, continuous residency in Italy for at least one year is required.”
Source: Bill no. 752 presented to the Senate of the Italian Republic on 7 June 2023, Article 2
Family Degrees 101: Know Your Rank
Understanding your eligibility under this new draft law necessitates a detailed grasp of Italian kinship degrees. Here’s a breakdown:
Rank 0: Original Italian Ancestor (e.g., Mario)
Rank 1: Child of Original Ancestor (e.g., Luca, son of Mario)
Rank 2: Grandchild of Original Ancestor (e.g., Serena, daughter of Luca)
Rank 3: Great-Grandchild of Original Ancestor (e.g., Anna, daughter of Serena)
Rank 4: Great-Great-Grandchild of Original Ancestor (e.g., Silvia, daughter of Anna)
Rank 5: Great-Great-Great-Grandchild of Original Ancestor (e.g., Giovanni, son of Silvia)
With these rankings in mind, here is how the new draft law would apply:
Ranks 0-3: Eligible for citizenship by merely demonstrating Italian language proficiency at the B1 level.
Ranks 4 and beyond: Must not only prove language proficiency but also complete a year’s residency in Italy.
By having this clear understanding of kinship degrees, you can more precisely assess your position and the steps you need to take.
Language proficiency level
The B1 level signifies that an individual can grasp the essential ideas of clear, standard texts on familiar subjects related to work, academics, or leisure activities. Moreover, a B1-level speaker is equipped to handle most situations likely encountered during travel in regions where the language is spoken. This level is set by the European international standard called Common European Framework of Reference for Languages (CEFR).
For more information about the B1 language certificate requirement, please read here.
Residency
The proposed law mandates that applicants who are more than 3 generations removed from their Italian ancestor must live in Italy to be eligible for citizenship. Specifically, a great-great-grandchild of an Italian must reside in Italy for one year at the time of their application. In practice, if your Italian-born ancestors left Italy in the early 1900s and you were born in the 1980s or later, there’s a very good chance the you fall into this category.
As a non-EU national, you would need to
- Get a visa to enter Italy for long-term residence, like to any other foreign national. Obtaining such visas—whether for work, study, or residency—is usually a lengthy and complicated process;
- Once in Italy, another long procedure is required to get a permission to stay with the immigration police;
- Only once you receive a residence permit, you would be able to register your residence with the the local municipality starting the one-year residency needed for citizenship application.
Considering these stringent requirements, realistically, those who would stand a substantial chance of obtaining citizenship through this path would be only EU citizens or non-EU nationals with direct family in Italy who can bypass general visa requirements.
Will This Bill Pass?
The draft law enjoys substantial backing, notably from the Fratelli d’Italia party currently in power. Given this landscape, the bill has a significant likelihood of becoming law. Yet, the journey from draft to law involves several stages, with opportunities for amendments by members of both the legislative chambers, the Senate and the Chamber of Deputies. Consequently, the final version of the law could differ significantly from its original proposal, potentially introducing new restrictions, a grace period for current citizenship applicants, or it might not pass at all.
Should it be enacted, there will be potential flexibility for those who have already submitted their applications. In the legal context, those who have already submitted their application for citizenship by lineage may have avenues to argue your eligibility based on the law as it stood at the time of your birth. However, these considerations won’t apply to those who haven’t initiated their application process.
You’re welcome to read my guide here and follow the progress of the discussions in the Italian Parliament on the amendments to citizenship laws: Italian Citizenship Law: Follow Ancestry Bill Updates
How Can This New Law Affect Your Citizenship Application?
These new limitations, if approved by the Italian Parliament, will surely apply to future applications. So if you haven’t submitted you application as yet, you should hurry to make sure that you HAVE A CHANCE to be granted Italian citizenship according to the previous requirements (no language proficiency, no residence in Italy required).
It is uncertain if the new law will affect pending applications. However, if you submit your application through an Italian Court before the changes take effect, you have a good chance of avoiding its consequences. Judges have broader authority than Consulate officers and can apply key legal principles and case law to protect applicants from laws that change after their application date. Keep in mind, though, that judges may have different interpretations in each case. Additionally, the outcome heavily depends on how well your lawyer presents your case with relevant references and arguments. Hiring a specialized lawyer is crucial to maximize your chances during this uncertain time for Italian citizenship.
You’re welcome to read my best mind hacks on this subject: The Future of Italian Citizenship
Act NOW before it’s too late
Now you know what is changing, how to follow these changes and how they can impact your chances to get dual Italian citizenship by lineage. In such evolving legal landscapes, proactivity is not just an option: it’s a strategic move. If you haven’t yet started your application process, NOW is the moment to act.
Dive into my FREE step-by-step guide to kickstart your application, optimized to mitigate the potential effects of the incoming legislation. Read it here
Are you serious about getting your Italian Citizenship?
Apply FAST&SMART with my Ultimate Checklist
Do it FAST and successfully: just use my Ultimate Checklist, complete with PRO Tips and Exclusive Template.
Let’s work together for your future of freedom and justice! 🇮🇹🙌
I was born to my Italian mother in Trieste, and still have an expired Italian passport from my years before 9 years old. I was born after 01/1948. My mother married an american soldier and I moved to America and became naturalized US citizen at age 10.
I still have family residing there.
I speak and read Italian. Can I acquire dual citizenship?
Can my adult children acquire dual citizenship.
Hello, Bobbie! You may still acquire Italian citizenship if you move to Italy. I recommend making a formal statement to the Italian Consulate before leaving. You will declare your intention to move back to Italy (even if temporarily) according to Article 13, Section 1 (c) of the Italian Nationality Act.
Hi, i want to relocate to Italy, however my father, who is born in Italy in 1949, naturalised to Australia in 1965, when he would have been either 15 or 16 years of age, this severing my tie to citizenship by lineage. If this law is passed, will this enable me to become a dual Australian/ Italian citizen.
If you were born after 1965 and yor father forfeited his Italian citizenship with the naturalization process, the answer is no.
Your current chance to get Italian dual citizenship is by residence for 3 years, under Article 9 section 1a of the Italian Nationality act. The current bill proposed by Ms. La Marca does not cover children of Italian-born citizens who moved abroad and acquired another citizenship voluntarily before 1992. However, discussions are ongoing, and there’s potential for future amendments that could include these children, recognizing their desire for Italian dual citizenship. For updates on this matter and more about the rights of Italians worldwide, you’re welcome to subscribe for updates at this page.
Graziè Lara, so to summarise, if i were to acquire a long term visa and lived in Italy for 3 years, i could potentially have citizenship bestowed upon me by decree? Also, my father is unable to reclaim his citizenship s he passed away in 2005
That’s correct, Daniel 🇮🇹👍
I have signed up for the news letter. I would love to hear more about this specific example. My father was born in Italy but moved to Canada at a young age. In his early 20’s he Naturalised in Canada. His parents did not believe/know that he would lose his citizenship by doing this. Conversely my Dads younger brother who was born in Canada was able to get his and his sons citizenship through our Nono. Meanwhile my father, brother, and sister seem to have no path to get our citizenship.
It’s great to stay in touch, Antonio! It happened in many Italian families overseas: only part of them can actually get Italian citizenship because one of them once opted for the citizenship of the state of their residence, before Italy accepted dual citizenship (1992). Unfortunately, It is currently impossible for children and grandchildren to get recover Italian citizenhsip without moving to Italy for three years.
My parents were born and raised in Italy. Both moved to Canada and they did not have a choice but to resign their Italian citizenship in order to become Canadian due to the Italian law at that time– which is a shame.
My oldest brother was born before my mom obtained her Canadian citizenship and he was able to get the Italian citizenship whereas me and my other 2 siblings were not able to because we all were born after my mom obtained the Canadian citizenship.
The frustrating and ironic thing is that my oldest brother is the only member of the family that is Italian. Whereas me and my other siblings are not and we all have the same Italian born and raised parents.
You might be able to obtain Italian citizenship again. The Italian Parliament is discussing changes in the law that would allow the children of former Italian citizens to get Italian citizenship if they apply for it at the Consulate. That is Bill no. 295 and you can read more about it at this page.
Hi Lara- I am in the same situation as Daniel My father came to Australia as a 23 year old in the 1950s and became an Australian citizen before I was born in Australia. In those days he had to give up his Italian citizenship. Post 1992 he was able to apply for dual citizenship so he now holds both an Italian and an Australian passport. I understood I was still unable to apply for Italian citizenship notwithstanding his dual citizenship as he only held Australian citizenship at the date I was born. Does this new Law change this? Would I be able to apply based on my grandparents’ citizenship? thank you
Unfortunately, you cannot derive Italian citizenship from your grandparents. The chain of Italian citizenship was broken before you were born because your father renounced his Italian citizenship when he became an Australian citizen. However, if you were a minor when your father regained his Italian citizenship, you might still be eligible. You are welcome to read more on this subject in my recent article Get Italian Citizenship Through Your Parents
If I initiate a case in court and during the processing the law changes. Will this affect my case?
The proposed legislation could impact current applications, even those already submitted in court. Without transitional provisions safeguarding ongoing applications, outcomes may remain unpredictable. It’s advisable to engage a proficient attorney to safeguard your application against potential legal shifts, ensuring your rights are protected according to the prevailing legal framework. Please check my recent article about how a new law may impact current applications in Court: “The Future of Italian Dual Citizenship: What Applicants Need to Know“. And you’re welcome to subscribe for updates, so that I will send you any update on this matter and on the rights of Italians in the world.
What if the person applying is a great grandchild but has minor children that are included in the application? The children would be 2nd great grandchildren. Would this require them to live in Italy?
That’s a great question, Michelle! The Bill to amend citizenship law by lineage doesn’t provide anything specifically for this case. So the answer appears to be affirmative. All descendants from the 4th degree should reside in Italy for one year to apply for citizenship, at any age. At this stage of the Parliament discussion we can’t be sure of the position of minor children of future applicants.
Would this law have any effect on people in a 1948 “minor case?” In other words, does this draft law resolve the conflict between Articles 7 and 12 of Law 555/1912, or does it continue to leave the resolution of that conflict up to the courts?
Thanks for reaching out, Jon! Could you please clarify your question with an example?
Hello Lara,
A huge thank you for all your information. It has helped us tremendously. My husband was successful and received his citizenship by blood in September, 2022 here in Italy. (All his 4 grandparents were born in Italy, my husband went thru his paternal grandfather who never naturalized. All my husbands papers went thru our commune in Italy, our marriage is registered here. My question is : how do our kids apply for their citizenship? They are 30, 31, 33 years old. Their consulates are my, Chicago and Los Angeles all where no appointments are available for -many years now. What do we do, what would be the best approach/ strategy . We are in Italy now, husband has his Italian passport and me my 5 year permesso thanks to you!!
Thank you very, very much. Anni
Thanks for your appreciation, Anni! And congratulations on your husband’s Italian citizenship and on your residency. For your children, the best way would be for them to come to Italy (visa free) and show their birth record for registration of their citizenship. The municipality will grant them residency and make checks with the Italian Consulate in the USA. The procedure should not be longer than the 3 months of visa-free allowance. In any case, they are allowed to stay longer, based on proof of the citizenship procedure at the municipality.