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Thursday, 09 October 2025

Italian & Dual Citizenship: when a judicial petition is (and isn’t) required in 2025

Obtaining Italian dual citizenship through Italian Consulate services has become significantly more complex in 2025 due to major legislative changes that affect millions of potential applicants worldwide. New restrictions under Law 74/2025 now require individuals born abroad with another citizenship to meet specific conditions or risk losing automatic recognition of their italian descent. To apply for italian citizenship jure sanguinis, you must determine which consulate has jurisdiction based on your residence. The updated regulations have created urgent deadlines and altered traditional pathways that family members have relied on for generations.

These changes directly impact how Italian consulates process dual citizenship applications, creating both challenges and new opportunities for eligible applicants. Understanding the current requirements and available pathways has become essential for anyone seeking to obtain Italian citizenship through diplomatic channels. Your application for Italian citizenship must be signed in front of an officer during your appointment at the consulate, and the application must be filed in person by the adult applicant. Legal experts can provide guidance throughout the entire dual citizenship application process, helping applicants navigate the complexities of the new regulations, directly from your home, without the need to travel to Italy.

Impact of 2025 changes at Italian Consulates on dual citizenship claims

Law 74/2025 created immediate operational challenges for Italian consulates worldwide, leading to suspended applications and urgent judicial clarifications. The Supreme Court of Appeal and Italian government issued conflicting guidance on status civitatis determinations, disrupting established transmission lines for citizenship recognition. Citizenship applications can take up to 730 days; once citizenship is recognized, the passport is usually issued within a few weeks.

Suspension of consulate applications

Italian consulates suspended processing dual citizenship applications following the March 27, 2025 deadline established by Law 74/2025. Applications submitted after this date faced automatic rejection unless applicants could demonstrate compliance with specific exceptions. The fee for applying for italian citizenship jure sanguinis is €600, which can vary based on exchange rates. Additionally, you will need to provide proof of your current address when applying for citizenship at the consulate, which must be less than 90 days old.

 

Processing status by application type:

 

Application status Consulate action Required documentation
Filed before March 27, 2025 Continued processing Original submission proof
Filed after March 27, 2025 Suspended pending review Exception qualification evidence
Court cases initiated pre-deadline Protected status Judicial filing documentation

 

By June 2025, the consulate general network reported significant backlogs. Their staff required extensive retraining on the new exceptions criteria under Article 3-bis. You will likely need to collect certified copies of all your marriage certificates and vital records to support your application for citizenship. 

Critical Supreme Court and Ministry of Interior rulings

On July 31, 2025, the Italian Constitutional Court issued Decision n.142/2025, confirming that Italian citizenship by descent (jure sanguinis) remains valid without generational limits. The Court stressed that citizenship acquired at birth cannot be revoked retroactively.

Why the ruling matters

Recent laws, including Decree Law 36/2025 (Tajani Decree) and Law 74/2025, tried to impose strict generational limits on recognition. The Constitutional Court, however, reaffirmed two key points:

  • Citizenship by descent is constitutionally protected.
  • Any future limits must be reasonable and allow case-by-case evaluation of ties to Italy.

This creates strong grounds to challenge Law 74/2025, as rigid restrictions may violate constitutional principles.

What applicants should do

For descendants affected by the new law, timely legal action is crucial. Filing a petition in Italy can help protect citizenship rights before further legislative changes.

 

Transmission lines and status civitatis interruptions

Status civitatis transmission became the most complex aspect of post-2025 evaluations. Italian consulates must now verify unbroken citizenship transmission through each generational line, identifying any interruptions that would disqualify modern applicants. During the appointment, the clerk will ask you to provide all vital records collected to support your citizenship application.

The concept of interrupted transmission affects cases where Italian ancestors naturalized in a foreign country before 1948 (for maternal lines) or 1992 (for dual citizenship recognition). Consulate staff must trace complete genealogical citizenship status rather than simply confirming Italian birth records.

Common status civitatis interruptions:

  • Ancestor naturalization before child’s birth
  • Formal renunciation of Italian citizenship
  • Extended residence abroad without registration

Italian consulates now require comprehensive documentation packages proving continuous legal status. Applicants must provide evidence that each ancestor maintained valid Italian citizenship status.

Supporters from Italy at stadium watching the match

 

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Pathways to Italian dual citizenship recognition in 2025

Italian dual citizenship recognition requires navigating specific legal pathways depending on individual circumstances and Italian descent. The 2025 changes to Law 74/2025 have created new requirements for Italian citizenship jure sanguinis applications while maintaining judicial alternatives for certain cases. Italian dual citizenship allows you to live and work in Italy or any other foreign country in the European Union (EU). As an Italian citizen, you can travel freely across Europe without needing a visa.

Judicial petition process and when it is required

Court petitions become necessary when standard consular applications cannot proceed through normal channels. Applicants must file in Italian courts when their Italian parent is a woman who gave birth before January 1, 1948, as women could not transmit citizenship before this constitutional change.

The 1948 cases have shown high success rates since the 2009 Supreme Court precedent established gender equality principles apply retroactively. Legal experts argue that Law 74/2025’s two-generation limit may violate constitutional principles, creating opportunities for judicial challenges.

Applicants who cannot secure consulate appointments due to objective circumstances beyond their control may also pursue judicial recognition. This includes situations where consular services have extended wait times or limited appointment availability that prevented timely application submission. Legal assistance can help obtain Italian citizenship by ensuring that all necessary supporting documents are properly collected and submitted for dual citizenship applications. Individuals can have their cases preliminarily assessed for free by legal experts to determine eligibility for citizenship, providing an initial understanding of their chances before committing to the full process.

Key requirements for court cases:

  • Legal representation in Italy
  • Translated and apostilled documentation
  • Proof of constitutional violation or procedural barriers

Jure sanguinis eligibility and documentary requirements

Law 74/2025 restricts citizenship by descent recognition to individuals with family members who are Italian-born parents or grandparents who held exclusively Italian citizenship at the time of the applicant’s birth. This creates a generational limit that did not previously exist under the 1912 Citizenship Law.

Applications submitted or scheduled before March 28, 2025, follow the previous unlimited generational rules. The new law requires that Italian lineage maintained exclusive Italian citizenship at the birth date of their descendants.

Essential documentation includes:

  • Birth certificates for all individuals in the lineage
  • Marriage certificates where applicable
  • Naturalization records or Certificate of Non-Existence (CONE)
  • Proof of continuous Italian citizenship transmission

Minor children of Italian citizens now require specific declaration procedures within one year of birth or adoption. 

Approved Stamp visa and passport with Italy flag document to immigration at airport in country

Essential role of apostilles and proper document preparation

Document legalization through apostilles authenticates foreign-issued records for official use in Italy. Each Secretary of State office processes apostilles differently, requiring certified copies rather than original documents. You can book an appointment at the Consulate General through the online booking system called Prenotami.

The apostille process must occur before translation services begin. Documents need Italian translation by certified translators, with requirements varying between consular and judicial applications.

Document preparation steps:

  • Obtain long-form certified copies from issuing authorities
  • Apply for apostilles through appropriate Secretary of State offices
  • Complete Italian translations by certified professionals
  • Verify name consistency across all documents

Italian vital records must come directly from the specific Italian municipality where events occurred. Genealogical research may be necessary to identify exact municipalities for record requests.

Final thoughts on Italian dual citizenship

Recent legislative changes have made the path to Italian citizenship more complicated, especially for those applying through consulates. Many applicants now face stricter requirements, longer wait times, and situations where judicial petitions are the only realistic route. Understanding these challenges is key to securing your citizenship rights.

Judicial action can provide a solution when standard consulate applications are blocked or delayed. With the right legal guidance, applicants can still achieve recognition of their citizenship and enjoy the benefits of living, working, and traveling as an Italian passport holder.

If you believe your case might require court intervention, we can help you move forward with confidence. At Aprigliano International Law Firm, we specialize in Italian citizenship cases and have guided countless clients through both consular and judicial processes. Take our free eligibility test today to find out your best pathway and get started on your journey.

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