Are you applying for Italian citizenship through your ancestors? Find out if you are eligible even if your Italian ancestor(s) changed their citizenship status back in their days.
Do You Have a Naturalization issue?
You may find that, at some point in their life, your Italian (great)grandparent(s) became a citizen of the country in which they resided. In many cases that happened through a process of Naturalization. That would follow to a formal Petition in which the person would express their will of becoming a citizen of such country and pledge allegiance to that country by renouncing to any other they had before. In reality, in most cases, our (great)grandparents had not so much choice if they wanted to be fully accepted and secure financial and legal stability to their family at a time of World Wars and dire poverty for Italy. That choice, documented in their immigration file, was punished by Italian law by severing the tie with their Italian roots: they would become foreigners and give up any right to return and any citizenship rights with Italy, as well as any righ to pass citizenship to their children and grandchildren. That was what Article 8 of the Italian Law on Citizenship provided back than).
As a consequence, any child born after your (great)grandparent’s change of citizenhsip by naturalization would not be regarded as officially Italian. That means that any direct descendant is not eligible for Italian citizenship, unless they prove to have another Italian (great)grandparent who kept the Italian citizenship long enough (that is, until their children were 21, or 18, since 1975 changed the age of majority).
Consequences for children
The consequences of naturalization extended also to the children of Italian citizens who became citizens of another country.
Under the 1912 Italian Citizenship Law (Article 12, paragraph 2), a child would lose Italian citizenship “if living together with the parent who naturalized and acquiring the same foreign citizenship.”
Because the law used such precise language, both administrative authorities and courts consistently interpreted it in a way that protected children who were already citizens of their country of residence at the time their parent naturalized. This typically applied to children born in countries that granted citizenship by birth on their soil (jus soli), such as those in North and South America, but also in some other jurisdictions.
In practice, this meant that only children born in Italy lost Italian citizenship along with their parent upon the parent’s naturalization abroad. By contrast, children born abroad—for example, in the Americas—kept Italian citizenship, since they were already citizens of the country of birth and therefore did not “acquire” a new citizenship through the parent’s naturalization.
As a result, a child born abroad to an Italian parent retained both citizenships:
Italian citizenship, acquired jure sanguinis at birth from the Italian parent; and
the citizenship of the country of birth, acquired jure soli.
An ongoing debate
Although the wording of the 1912 Citizenship Law was precise and consistently applied by administrative offices and courts for over a century, a new interpretation has emerged in recent years.
In several recent cases, some judges have ruled that when an Italian ancestor became a naturalized citizen of another country while their child was under 21, the child automatically lost the right to Italian citizenship—even if the child had already acquired the foreign citizenship at birth by being born in that country (jus soli).
This view appeared, for instance, in the judgments of 15 June 2023 and 8 January 2024.
More recently, on 27 August 2024, the Supreme Court (Corte di Cassazione) acknowledged that the issue remains open to interpretation and requires further examination. The Court has postponed its final decision to January 2026, with a ruling expected by May 2026.
For now, the legal situation remains uncertain and unsettled, pending the Supreme Court’s forthcoming judgment.
The Government’s Directive
This uncertain situation apparently inspired the Italian government in its plans to restrict the number of Italians living abroad and decided to make the new restrive interpretation as mandatory in all its offices. As a consequence, all descendants claiming Italian citizenship through a (great)grandparent who naturalized as a foreign citizens while their child was still underage would be automatically regarded as ineligible and their application denied.
This was the effect of a special directive, and particularly,
The Italian Ministry of the Interior Circular of October 3rd, 2024 says:
“In line with the guidelines of the aforesaid Court, the circular clarifies, first of all, that an Italian citizen who, under the 1912 law (and earlier, under the Italian Civil Code of 1865), lost Italian citizenship due to the voluntary acquisition of foreign citizenship also simultaneously caused the loss of Italian citizenship for his minor child living with him. This applies even if the child was born in a country, such as the United States, where jus soli (right of the soil) is applied. Consequently, at birth, the child had dual citizenship: Italian by paternal descent under jus sanguinis (right of blood) and foreign based on birthplace under jus soli. In all such cases, therefore, the transmission line of citizenship is considered interrupted, as the minor in question, from the date of the father’s naturalization, no longer has the capacity to transmit this right to his own descendants.”
Example Scenario
Imagine this situation:
- Your great-grandfather left Italy and moved to the USA.
- He had a child in the USA who automatically became a US citizen by birth.
- This child was also an Italian citizen because of their Italian parent (Article 7 of the Citizenship Law no. 555/1912).
- Four years later, your great-grandfather became a US citizen.
- According to Article 12, paragraph 2 of Law 555/1912, the family lost their Italian citizenship when your great-grandfather became a US citizen.
Growing Concern
Although this Circular is not legally binding outside of the administrative offices, it still has the effect to discourage applicants and reject applications. Understandably, this situation has raised concerns for many people applying for citizenship by descent. Although the law hasn’t changed on this point and you would most probably win in Court, most people gave up hope.
Not to mention the fact that the Government managed to stop applications for citizenship by suddenly enacting measures that cut eligibility for Italian citizenship to the second generation. But should you give up hope?
Practical Advice
In this uncertain context, what are your options for Italian citizenship?
1. Check:
Are you actually affected by the Minor Issue? This is how to be 100% certain:
For ancestors who became citizens of the US or another country before 1992:
- Check the child’s age at the time of the ancestor’s naturalization.
- Make sure the naturalization date is the actual date of citizenship, not just the application date.
- If the child was under 21 (or under 18 after 1975) at the time, you might have eligibility issues.
- If the child was 21 or older (or 18 or older after 1975), you should be eligible for Italian citizenship.
2. Bypass:
If you can claim citizenship through another Italian ancestor who never naturalized or did so when their child was already an adult, your chances are better. Consider these points:
- Minor Age Consideration: Before 1975, a minor was anyone under 21; after 1975, under 18.
- Check Key Dates: Confirm the child’s age when the ancestor naturalized. If the child was 21 or older (or 18 or older after 1975), you are likely eligible for Italian citizenship.
3. Wait:
If you have no other option through another Italian ancestor, you may wait for the dust to settle.
As anticipated above, the Italian Supreme Court is expected to render its judgement in the first half of 2026. It is very likely that the decision will give a final intepretation to the law and that will clarify the prospects for descendants of Italian ancestors who gave up the Italian citizenship during their children’s minor age.
On the other hand, beware that there’s always a risk in waiting, particularly because new changes could be ahead that can affect your eligibility.
For one, you should be aware that the Italian government has proposed further restrictions for Italians abroad in a new Bill (no. 1450 of of April, 23, 2025), including an expiration deadline for claiming citizenship by descent and other limits, which will apply as soon as the new regulations will be approved by the Parliament.
As a consequence, even if the Supreme Court will issue a favorable judgement, your eligibily may still be excluded because your application will be regarded as belated.
4. Fight:
You may file your application in an Italian Court and obtain a judicial declaration of your Italian citizenship. Judges have greater power than Consulates or other Italian offices. They decide independently of the directives of the current government.
Filing your petition in Court may be the only way to obtain citizenship, especially if you are a descendant of an Italian great-grandparent (3rd generation) or want to obtain citizenship for your child born abroad.
How does it work?
A judge in Court examines thoroughly any new law against the fundamental principles of the Italian state and its Constitution. That is how Italian Courts have thousands of citizenship petitions each year and 99% of cases by descent were successful so far.
And yes — the outcome is uncertain, the process may take up to two years, and the costs of legal assistance and court taxes are significant (approximately €8,000 plus €600 in court fees).
A legal action in Court is a path that should be undertaken with full information and clear awareness of what it entails, especially in the current uncertain legal context, since the drastic legal changes of last March.
That’s why it is essential to rely on the assessment of a highly competent and experienced lawyer, who can guide you with honesty, precision, and care at every stage.
That has always been my commitment and compass — guiding more than 5,000 clients successfully through their citizenship journey over the past 20 years.
It is important to consider that submitting your petition to the Italian Court starts a legal dispute. It is a judicial process which is more complex than an administrative application at any Consulate.
You may not want to start a judicial dispute and that is understandable. Yet, sometimes our rights must be upheld and defended. We cannot expect to enjoy our rights only when they are conveniently granted, and then surrender them as soon as they are restricted or challenged by the government of the moment. Of course, we cannot fight every battle; we must choose the ones that truly matter.
If your right to Italian citizenship represents something deeply meaningful to you — an essential part of your identity — and you wish to defend it, you will find me by your side.
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