Italian Citizenship jure sanguinis (Update – March 28, 2025 Decree)

Main features

Type of application: Court Petition in Italy

Length of the procedure: 1-2 years

Citizenship for children: yes

Italian language test: no

Criminal record: not an impediment

Free Italian healthcare: for residents only

Need to travel to Italy for the process: not required

Taxation in Italy: residents only

Common Italian citizenship issues we solve

Third-generation exclusion
Under Italy’s 2025 citizenship restrictions.

Minor-age issue
Citizenship denied due to parental naturalization before age 18.

1948 maternal lineage
Maternal line cases denied administratively.

Consular waiting lists
Extreme delays for first and second-generation citizenship applications.

These situations are commonly encountered by seeking Italian citizenship through ancestry, whether they are in North America, South America, or other countries with large Italian diasporas. The eligibility assessment is crucial in confirming your right to apply under the updated 2025 decree.

Services provided by Aprigliano Law Firm

Aprigliano Law Firm provides expert legal support to those seeking Italian citizenship jure sanguinis under the current legal framework, including:

Assistance with the collection, translation and apostille/legalization of documents

Help with retrieving Italian and foreign civil records

Help for correction of incorrect information on vital records

Consultation for issuance of foreign certificates

Full legal representation before the Italian Court (no need to travel)

Assistance with passport and Codice Fiscale applications

Registration with AIRE (Anagrafe degli Italiani Residenti all’Estero)

Concierge services (where applicable, provided by trusted third parties)

We guide our clients through the entire judicial process, from document collection to final registration. Our firm has supported hundreds of cases involving Italian citizenship by descent, ensuring consistency and compliance with all legal requirements.

* Provided by third-party professionals.

Features

Italian law supports dual or multiple citizenship, granting individuals the ability to hold both Italian and foreign nationalities simultaneously. This offers:

  • Greater freedom to live or work in multiple countries
  • Enhanced international mobility
  • The right to access benefits within the European Union

Italian citizenship provides full political rights, including voting and running for public office. Citizens also enjoy EU freedom of movement and can rely on Italian consular protection abroad. Children under 18 of recognized citizens receive automatic citizenship; spouses can apply via marriage.

Taxation

Residents in Italy are subject to global taxation (“worldwide taxation”). Citizens residing abroad are taxed only on income earned within Italy. This distinction is especially relevant for applicants based in the United States and Canada, where global income considerations affect tax planning. Maintaining residency abroad allows Italian citizens to preserve their existing tax arrangements while benefiting from Italian nationality.

Healthcare

Residents in Italy are entitled to free public healthcare, including access to the Italian Health Insurance Card (Tessera Sanitaria). Citizens living abroad are not enrolled automatically but can access emergency services while visiting Italy. If residency is established in Italy post-recognition, full access is reinstated under the SSN.

Criminal background

Unlike naturalization routes, which may be blocked by past criminal convictions, the recognition of Italian citizenship by descent (jure sanguinis) is not discretionary. This legal recognition is based solely on verified lineage and cannot be denied due to criminal history. This protection reinforces the right of eligible descendants to obtain what is legally already theirs.

Timeframes

The judicial process typically takes between 12 and 24 months, but this can vary depending on court workload and case complexity. Timely document submission and accurate filings are key to avoiding unnecessary delays. Our firm maintains strict control over deadlines and liaises directly with the courts to keep your petition moving forward.

Procedure

The procedure for judicial recognition of Italian citizenship by descent includes the following steps:

Step 1: Legal assessment and document preparation

Our team begins by carefully evaluating your family history to trace the generational line from your Italian ancestor to you. You will need:

  • Long-form birth certificates (with apostilles and translations)
  • Marriage certificates, if applicable
  • Naturalization records (or absence thereof) of the ancestor, or census or NARA letter

We assist with obtaining documents from Italy, the United States, Canada, Argentina, Brazil, and other countries with Italian heritage communities. If necessary, alternative records such as church registries or historical archives are accepted in court.

Step 2: Filing the petition in Italy

Once documentation is ready, we file the judicial petition for jure sanguinis citizenship with the appropriate court. You are not required to be physically present in Italy. Our attorneys manage all communications and filings on your behalf, ensuring every step complies with current legal standards and timelines.

Step 3: Legal process and hearing

Once the court accepts the case, a hearing is scheduled. Our legal team represents you in full. If constitutional concerns emerge, such as conflicts with Decree-Law No. 36/2025, the court may escalate the matter. Nonetheless, most hearings proceed without issues, and decisions are generally issued within 30–60 days from the hearing date.

Step 4: Final judgment and recognition of citizenship

Once approved, the court will issue a judgment declaring that you have been an Italian citizen since birth. This judgment is retroactive and legally binding. It is transmitted to the local municipality (Comune), where your birth is registered in the Italian civil records.

Step 5: Post-recognition services

Following successful recognition, we provide:

  • AIRE registration (mandatory for citizens residing abroad)
  • Codice Fiscale application (essential for tax and administrative use)
  • Passport assistance through the appropriate Italian consulate

We also consult on extending recognition to your children or spouse, ensuring the full benefit of Italian citizenship jure sanguinis is accessible to your entire family. Our multilingual staff provides continuous assistance to English-speaking clients in the U.S., Australia and Canada, helping them navigate procedures with clarity and peace of mind.

If you are considering applying for Italian citizenship through ancestry, now is the time to act under the judicial path, especially after the March 28, 2025 update. Aprigliano Law Firm stands ready to support you through every stage of your jure sanguinis recognition process—professionally, efficiently, and with deep respect for your heritage.

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    Length of the procedure: 1-2 years

    Highlight: Appeal before the Italian Court

    Length of the procedure: 4 years

    Highlight: Italian language test: yes

    Length of the procedure: 4 years

    Highlight: Italian language test: yes