Wednesday, 06 August 2025
Italian citizenship by descent: application process guide
The Italian citizenship by descent application process allows you to claim Italian citizenship through your bloodline. If your parents or grandparents were born in Italy, you might qualify.
This process became stricter in 2025. New generational limits and added fees now apply. If you’re eligible and serious about applying, it’s important to understand every step before you begin. This guide explains how acquiring Italian citizenship by ancestry works, and what you’ll need to do to get started.
Understanding Italian citizenship by descent (Jure Sanguinis)
What is Jure Sanguinis?
Italian citizenship jure sanguinis means citizenship is passed down through blood . If you have an Italian ancestor and the chain of citizenship was not broken, you may qualify.
This law applies no matter where you were born. It’s different from countries like the US that grant citizenship based on place of birth.
Key principles of Italian citizenship by bloodline
The basic rule is this: the ancestor must not have passed away before March 17, 1861 (the year Italy was unified), and must have emigrated to the United States after that date.
If they became a citizen of another country before their child was born, that breaks the chain. You’ll need to prove that this didn’t happen.
The citizenship chain can go through both fathers and mothers. But if a woman in your line gave birth before 1948, you need to apply through the courts due to an older Italian citizenship law that treated men and women differently.
Overview of the Italian citizenship by descent application process
There are several steps: confirm you’re eligible, gather documents, choose your application method, and submit everything.
You can apply at a local Italian consulate, directly in Italy, or through a court if you fall under complex cases like the 1948 rule, consular delays and new legal restrictions introduced in 2025 – especially for those beyond the second generation. Each path has its own rules and wait times.
The citizenship application process can take months or years. It depends on your case, which way you choose between consulate and Court petition, and how complete your documents are.
Recent updates and eligibility changes in 2025
New generational limits: parent or grandparent requirement
As of March 27, 2025, you must prove descent from either a parent or grandparent born in Italy.
Applications based on great-grandparents or earlier generations are no longer accepted unless filed before that date. This change affects many with Italian descent who planned to apply.
Many people are rushing to apply before this cutoff. If your qualifying ancestor is further back, you must act fast or lose the chance.
Revised fees and costs for applications
Application fees have increased in 2025. Consular applications now cost €600 per person. This fee is non-refundable, even if your application is denied.
If you apply in court, you will likely pay 600 euros for court filing fees. Lawyer fees can vary widely, depending on the case’s complexity.
Make sure you budget for translations, apostilles, and international shipping, which can add up quickly.
Transitional rules for applications submitted before March 27, 2025
If you had applied before the March 27, 2025 deadline, the older rules still apply. That includes the ability to apply through great-grandparents or even further back.
Despite ongoing legal challenges and potential reforms, the direction is clear: Italian citizenship law is becoming increasingly restrictive . If you wait too long, you risk being entirely excluded under the new generational limits. Thousands have already taken action, working with legal professionals and preparing the necessary documentation. To protect your right to citizenship, you must act now. Waiting is no longer an option. Filing your judicial petition today may be the only way to remain eligible tomorrow.
Detailed eligibility criteria for Italian citizenship by descent
Beyond the recent updates, the fundamental principles of jure sanguinis remain: proving an unbroken line of Italian citizenship from your ancestor to yourself.
Tracing your Italian ancestry: proving unbroken lineage
This is the foundation of any application for Italian dual citizenship by descent. It involves gathering documents and confirming that no one in your direct line breaks the citizenship chain.
- Direct lineage: You must establish a direct, unbroken line of descent from your Italian-born ancestor to yourself. This means:
- Birth Certificates: For every individual in the lineage, from your Italian ancestor down to you.
- Marriage Certificates: For every marriage in the lineage.
- Death Certificates: For every deceased individual in the lineage.
- Citizenship at birth: Your Italian ancestor must have been an Italian citizen at the time their child (the next person in your direct line) was born. If they naturalized as a citizen of another country before the birth of that child, the chain of citizenship is broken, and you would not qualify.
- No renunciation: No individual in the direct line of descent should have formally renounced Italian citizenship. While rare, this can occur.
- Document consistency: Names and dates across all documents must be consistent. Even minor discrepancies can lead to delays or rejections, requiring corrections or affidavits. Aprigliano can assist with document analysis and correction strategies.
Special considerations: 1948 Cases (Maternal Line)
The “1948 rule” is a specific and significant pathway for those whose lineage passes through a female ancestor.
- Pre-1948 discrimination: Before January 1, 1948 (when the Italian Constitution came into effect), Italian women could not transmit citizenship to their children if those children were born before that date. This meant children born to an Italian mother before 1948 could only derive Italian citizenship from their father.
- Judicial remedy: The Italian Supreme Court has repeatedly ruled this law unconstitutional due to gender discrimination. Therefore, if your direct line of descent includes a female ancestor who gave birth to her child before January 1, 1948, you must apply for citizenship through a judicial process in an Italian court.
- Process and timeline: These cases are filed directly in Italy, require legal representation, and typically take 1 to 2 years to resolve. While often successful due to strong legal precedent, each case is judged on its merits. This is a primary area where Aprigliano can offer expert legal assistance.
Implications of the dual citizenship process
Italy is generally permissive of dual citizenship, which is a significant advantage for applicants.
- Italy allows dual citizenship: Italy allows its citizens to hold citizenship of another country without requiring them to renounce their original citizenship. This means you do not have to give up your current nationality to become an Italian citizen.
- Check your country’s Laws: While Italy permits it, it is crucial to verify your current country’s laws regarding dual citizenship. Some countries do not allow it, or they have specific restrictions (e.g., requiring you to choose one citizenship upon reaching adulthood).
- Reporting multiple citizenships: If you become an Italian citizen and retain other citizenships, you will generally be required to report all your citizenships when registering with Italian authorities (e.g., when registering with AIRE – the Registry of Italians Residing Abroad). This is a standard administrative procedure.
- Benefits of dual citizenship: Holding dual Italian and another citizenship can offer numerous advantages, including increased travel freedom (Italian passport allows visa-free access to many countries), the right to live and work in any EU member state, and access to Italian healthcare and social benefits. These benefits often appeal to those with a deep family history rooted in Italy.
Additional important considerations for 2025
Beyond the core eligibility, several other factors influence the application process:
1. Document preparation and legalization
- Accuracy is key: Ensure all documents are accurate and complete. Any discrepancies in names, dates, or places must be resolved before submission. This often involves obtaining amended certificates or affidavits.
- Apostille requirement: Documents issued by foreign authorities almost always require an “Apostille” stamp (under the Hague Convention) or legalization by the Italian Consulate in the issuing country. This certifies the authenticity of the vital records.
- Certified translations: All non-Italian documents must be translated into Italian by a translator recognized by the Italian Consulate or a court in Italy.
2. Application venue: Consulate vs. Court
The choice of where to apply significantly impacts processing times and requirements.
- Italian Consulates abroad:
- Long wait times: Consular appointments can have extremely long waiting lists, sometimes years, due to high demand and limited resources.
- Jurisdiction: You must apply at the Italian Consulate with jurisdiction over your place of residence.
- New Consular challenges: With the new generational limits, many consulates have temporarily suspended appointments or acceptance of new jure sanguinis applications as they await detailed instructions from the Ministry of Foreign Affairs regarding the implementation of the new Italian dual citizenship requirements. This adds to the uncertainty.
- .Judicial application (Court):
- Mandatory for 1948 cases: This is the only option for 1948 cases.
- Against-the-Queue Lawsuits: In some cases, a lawsuit can be filed in Italy against a consulate for excessive waiting times, forcing them to process your application or allowing you to pursue it in court. This is a complex legal strategy and should be discussed with Aprigliano.
- Now also required for cases affected by the 2025 Reform
Following the enforcement of Decree-Law No. 36/2025, judicial applications have become essential not only for 1948 cases but also for third-generation (or later) applicants and those whose Italian-born ancestors became naturalized. These groups are now barred from consular recognition and must seek citizenship exclusively through the courts.
3. AIRE Registration (Anagrafe degli Italiani Residenti all’Estero)
Once your Italian citizenship is recognized, registration with AIRE is a mandatory step for all Italian citizens residing abroad.
- Mandatory registration: AIRE registration is crucial for exercising your rights as an Italian citizen abroad, including voting in Italian elections, renewing your Italian passport, and accessing consular services.
- Timely registration: Once you obtain Italian citizenship, timely registration with AIRE (Registry of Italians Residing Abroad) is essential. The 90-day rule applies differently depending on how you obtained citizenship:
- By marriage or residency (naturalization): You must register with AIRE within 90 days from the date of the oath (giuramento).
- By court recognition (via giudiziale): You must register within 90 days from the date your vital records are transcribed at the Italian municipality (Comune).
- Impact of non-registration: Failure to register or update your AIRE status can lead to issues with renewing your passport or accessing consular services, and in some rare cases, can even result in the loss of certain civic rights.
The Italian citizenship by descent application process: a step-by-step guide
Phase 1: Determining your eligibility and ancestral line
Start by confirming who your Italian ancestor is. Did they hold Italian citizenship when their child was born?
Check the year your ancestor moved abroad. Find out if they became a citizen in another country. This matters because it can break the citizenship chain.
You can usually find this through naturalization records or census data.
Phase 2: Comprehensive document gathering and preparation
You need records for every person in your family line between you and the Italian ancestor. These include civil documents and legal records.
Missing or incorrect paperwork is the main reason people get delayed or denied. Double-check every record.
Make sure names, dates, and locations match across all documents.
Required certificates: Birth, Marriage, Death
Get certified copies of each birth, marriage, and death record. These must come from official sources, not family bibles or personal files.
You’ll need these records from both Italy and your country. If someone was born abroad, get their records from the local government offices.
If your ancestor was born in Italy, the birth certificate must be requested from the local Comune (town hall), but don’t worry, we’ll handle that for you.
Proof of ancestor’s Non-Naturalization
You must prove your ancestor didn’t become a citizen of another country before their child was born.
In the U.S., this often means requesting a “Certificate of Non-Existence of Naturalization” or census records that say “alien.”
If they did naturalize, check the date. If it’s after their child’s birth, you may still qualify.
Translation and Apostille requirements
Documents from outside Italy must be translated into Italian. The translation must be certified and accurate.
You’ll also need an apostille. This is an official stamp that proves the document is legal for use abroad.
Each country has different rules for getting apostilles, so check your local office or the Secretary of State.
Criminal record checks and other supporting documents (for Consulate way)
Most consulates now ask for a criminal background check from every country where you’ve lived since age 14.
You’ll need both federal and local checks in many cases. These must also be translated and apostilled.
Some consulates also ask for ID, proof of address, and a letter of intent.
Phase 3: Choosing your application path (Consular or Judicial)
You can apply at a consulate abroad, in an Italian town (Comune) or through a court. Each option has different pros and cons.
Your choice depends on your case type, how fast you want to apply, and whether you plan to live in Italy.
Applying through Italian Consulates abroad
This is the most common path. You submit your documents to the Italian consulate that serves your area.
Some consulates have wait times of 1–3 years for an appointment. Others are faster.
You must live in the consulate’s area and show proof of residency.
Applying through Italian Municipalities in Italy (citizenship by residence)
Some people move to Italy and apply through the local Comune. This can be faster but requires real, legal residency.
You’ll need a rental contract, residency registration, and stay long enough for the process to complete.
Leaving early can cause the Comune to cancel your case.
Even though the application is handled administratively, the same requirements for citizenship by descent (jure sanguinis) still apply — meaning you must prove your Italian lineage with proper documentation and meet all legal conditions.
Judicial applications for complex cases (e.g., 1948 rule, consular delays and new legal restrictions introduced in 2025)
If your case involves a woman who gave birth before 1948, if a consulate wrongly rejected your claim or you fall under the restrictions of the new law you can apply through the courts.
These cases are filed in the Italian civil court. They usually require a lawyer.
Judicial cases can take 12–24 months. They don’t require you to live in Italy or pass the language test.
Phase 4: Submitting your application and paying fees
Once you have all documents ready, submit them to the correct office. Make copies of everything.
Pay the application fee and keep your receipt. Some offices ask for payment in cash or a money order.
Once submitted, your documents stay with the office for review.
Phase 5: Navigating the application processing and waiting period
Waiting vs. Acting – why the Judicial Route is the way forward
Consular applications for Italian citizenship now face major delays and for many, are no longer even possible due to Decree-Law No. 36/2025, which blocks access for third-generation descendants, maternal-line cases before 1948, and naturalized ancestor lines.
The judicial route (via giudiziale) is now the fastest and most secure alternative. It allows you to bypass consular bottlenecks, file with minimal documentation, and avoid new rules expected under the upcoming reform.
By filing now, you lock in your rights under current law. If the Constitutional Court later strikes down the decree, only those with pending petitions will benefit. The process takes 12–24 months, and you don’t need to travel to Italy, everything can be done remotely with our legal team.
In short: consular delays are out of your control. A court petition puts your future back in your hands.
Phase 6: Notification and final steps (Registration in AIRE)
If approved, you will become an Italian citizen from the date of your application or court filing.
You’ll be added to the local registry in Italy. If you live abroad, you must register in AIRE, Italy’s record of overseas citizens.
This step is needed to renew passports, vote in elections, and stay active in the system.
When to seek professional Legal Assistance
A lawyer can help speed things up, avoid mistakes, and handle special cases. They also know which documents matter most and how to handle Italian government offices.
A good lawyer will check your ancestry, collect documents, and file everything correctly. They deal directly with the Comune, consulate, or court, which saves you time and stress.
Why choose Aprigliano?
The process of claiming citizenship through ancestry has become more detailed, especially with the changes introduced in 2025. Aprigliano is a law firm based in Italy that focuses exclusively on citizenship cases. We offer:
- Up-to-date expertise: We stay abreast of the latest legislative changes and judicial precedents, ensuring your application meets all current requirements.
- Comprehensive assistance: From genealogical research and document procurement to translation, apostille, and direct application submission, we provide end-to-end support.
- Personalized strategy: Every case is unique. We offer tailored advice and strategies to navigate potential challenges, such as discrepancies in documents or complex ancestral lines.
- Efficient process: Our experience helps to streamline the process, minimizing delays and maximizing your chances of a successful outcome.
Getting Italian citizenship is possible for many. But the process is more complex now. Ready to start your journey? Check your eligibility today ! Visit our website to fill out our form.