Italian citizenship by descent (2026): what the new law allows

Visas & Immigration
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Italian citizenship by descent is now limited to people with a parent or grandparent who held only Italian citizenship, or a parent who lived in Italy for two years before their birth, unless they filed by 27 March 2025. Italy’s Constitutional Court upheld the 2025 reform in March 2026, but in July it asked the EU Court of Justice whether the law breaches EU citizenship rules, and that case is still pending in October 2026.

Last checked: October 2026

In short:

  • Decree-Law 36/2025 of 28 March 2025, converted by Law 74 of 23 May 2025, deems anyone born abroad with another citizenship never to have been Italian unless one of four exceptions applies.
  • Since 1 January 2025 every adult application for recognition costs €600, per Italy’s Foreign Ministry.
  • The EU Court of Justice registered the Constitutional Court’s referral as case C-816/26 and opened the written phase on 26 August 2026, with 70 days for observations.

Who still qualifies

Under the new article 3-bis of Law 91/1992 (Normattiva text), you’re recognised only if:

  1. you applied to a consulate or comune, or got an appointment notice, by 23:59 Rome time on 27 March 2025;
  2. you started a court case by that date;
  3. a parent or grandparent holds, or held at death, exclusively Italian citizenship; or
  4. a parent lived in Italy for at least two continuous years after becoming Italian and before your birth.

For most diaspora families the third test is the hard one: an emigrant grandfather who naturalised in the US or Argentina no longer counts. The Foreign Ministry says you prove exclusive citizenship with negative citizenship certificates, renunciation records or proof of non-enrolment on foreign electoral rolls, and that “mere personal declarations are not sufficient.” Great-grandparent and longer lines are effectively closed unless you filed in time.

Timeline of the changes

Date What happened
1 Jan 2025 €600 fee per adult recognition application
28 Mar 2025 Decree-Law 36/2025 takes effect
23 May 2025 Law 74/2025 converts it with amendments, in force 24 May 2025
1 Jan 2026 2026 Budget Law: minor-child declarations become free and the window widens to three years from birth
19 Feb 2026 Law 11/2026 in force: adult applications from abroad move to a central Foreign Ministry office from 1 Jan 2029; consulates capped meanwhile
28 Feb 2026 Law 26/2026 published, extending the transitional deadline for minors to 31 May 2029
12 Mar 2026 Constitutional Court judgment 63/2026 rejects Turin tribunal’s challenge as partly unfounded, partly inadmissible
23 Jul 2026 Order 147/2026 refers questions from the Mantua and Campobasso tribunals to the EU Court of Justice
26 Aug 2026 CJEU opens written phase in C-816/26

Where the court challenge stands

The March judgment found no unconstitutional discrimination in the 27 March cutoff and dismissed the EU-law arguments raised by Turin. The July order is different: the Court asked Luxembourg whether Articles 9 TEU and 20 TFEU preclude a rule that bars citizenship to people born abroad with another nationality, given that it also removes EU citizenship. It suspended its own proceedings pending the answer.

Three things to know, per the law firm Boccadutri and Brazilian outlet Italianismo:

  • The law stays in force. The referral doesn’t annul or suspend article 3-bis.
  • Expect a long wait. As of 19 September 2026 there was no public record that an accelerated procedure had been granted, and Italianismo’s analysis of past referrals points to a ruling around late 2027 or early 2028.
  • Other pending cases depend on whether each judge chooses to wait for Luxembourg.

Children: the route that got easier

New article 4(1-bis) lets a child whose parent is Italian by birth become Italian if both parents declare it and either the child then lives legally in Italy for two continuous years, or the declaration is made within three years of birth (one year until the 2026 Budget Law). The Boston consulate says declarations are free from 1 January 2026, must be made in person, and take effect the day after, not from birth. Children who were already minors on 24 May 2025 can use a transitional window to 31 May 2029.

If you were recognised before the cutoff and have young children, this is the cheapest thing on this page to act on.

Routes and costs

Consulate. Apply where you live. Appointments were always scarce; Law 11/2026 now caps each consulate’s yearly intake at the number of cases it completed the year before (minimum 100), and in March 2026 the Sydney consulate suspended new adult appointments.

Comune (living in Italy). If you legally reside in Italy you apply to the local comune. The same 3-bis exceptions apply, so moving to Italy no longer rescues an ineligible line.

Court. Before 1948 Italian women couldn’t pass on citizenship, so maternal lines with a child born before 1948 had to go to court. Per Impatria, that route now works only for cases filed by 27 March 2025. For pre-cutoff cases, the Court of Cassation’s joint sections removed the contested “minor issue” in judgment 24045/2026, per Italian Citizenship Assistance.

Documents. Foreign certificates must meet legalisation or apostille and translation requirements; EU Regulation 2016/1191 exempts some EU-issued documents.

Reacquisition. Former citizens born in Italy, or resident there for two continuous years, who lost citizenship by 15 August 1992 can reacquire it by declaration until 31 December 2027, for €250.

Alternatives if you don’t qualify

  • Residence. Standard naturalisation needs 10 years’ legal residence. Per Impatria, Law 74/2025 cut the requirement from three to two years for foreigners with a parent or grandparent who was Italian by birth. It’s discretionary, with income and clean-record tests. To get residence, see Italy digital nomad visa: requirements, income and tax in 2026.
  • Marriage. The Foreign Ministry requires two years’ legal residence in Italy after marriage, or three years if living abroad, B1 Italian and a €250 fee.

Related guides: Second passport (2026): how to get one by descent, residency or investment · Irish citizenship by descent (2026): grandparent rule, FBR, costs · Italy digital nomad visa: requirements, income and tax in 2026

Quick answers

Q: Can I still get Italian citizenship through a great-grandparent?
Generally no, unless you applied, booked an appointment or filed in court by 27 March 2025. The 2025 reform limits new claims to people with a parent or grandparent holding only Italian citizenship, or a parent who lived two years in Italy before their birth.

Q: Is the new Italian citizenship law final?
Not entirely. The Constitutional Court upheld it in judgment 63/2026, but order 147/2026 asked the EU Court of Justice whether it breaches EU citizenship rules. The case, C-816/26, entered its written phase on 26 August 2026. The law remains in force while Luxembourg decides.

Q: How much does Italian citizenship by descent cost?
Italy’s Foreign Ministry charges €600 per adult recognition application since 1 January 2025. Declarations for minor children of citizens by birth are free since 1 January 2026, and reacquisition by former citizens costs €250. Translations, apostilles and certificate fees come on top.

Sources

This is general information from the Nomad Forums team, not immigration, tax or legal advice. Rules change; check the official source or a qualified adviser before applying.

Over to you: If you filed before 27 March 2025, where does your case stand and has your consulate or court said anything about waiting for the EU Court? And if you’ve made a minor-child declaration since January 2026, how long did the consulate appointment take?

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