Italian Citizenship by Descent – Didn’t Apply?

f you’re planning to apply for Italian citizenship by descent (jure sanguinis), it’s crucial to understand the recent legal changes introduced in March 2025. Navigating this process can be complex, especially with the new requirements.

Whether you have just started or are already preparing your application, knowing how these changes affect your eligibility is essential for a successful claim.

In this article, we’ll explain the reform, recent court decisions, and what steps you should take now—especially if you began your process before March 28, 2025.

What Is Italian Citizenship by Descent (Jure Sanguinis)?

Italy allows individuals with Italian ancestry to apply for Italian citizenship by descent, also known as citizenship jure sanguinis, meaning “by bloodline.” This method has long been a popular and effective path for descendants of Italian emigrants living in countries such as Brazil, Argentina, the U.S., Canada, and Australia.

Until recently, the process was mostly administrative. You collected documents proving your lineage, submitted them to an Italian consulate or court, and waited. But this changed in 2025.

What Changed in the March 2025 Italian Citizenship by Descent Law?

On March 28, 2025, Italy enacted Decree-Law No. 36/2025, which significantly tightened the rules for claiming Italian citizenship by descent. Among the key changes are new requirements to prove a genuine cultural and linguistic connection to Italy, and a mandatory 12-month legal residence in the country. The documentation process, especially for consular filings, has also become more restrictive. These updates have made applying for Italian citizenship by descent more challenging and costly, particularly for applicants living abroad.

Why the 2025 Reform Complicates Italian Citizenship by Descent Applications?

The March 2025 decree left many questions unanswered, especially for those who had already gathered documents and were close to submitting their applications for Italian citizenship by descent.

Imagine spending months collecting birth and marriage certificates, getting them translated and apostilled, only to find out the rules changed overnight. As a result, many applicants now face uncertainty and confusion about whether the new, stricter requirements apply to their cases.

Many of these applicants are now in limbo, unsure if the new requirements apply to them.

How Are Italian Courts Addressing the 2025 Italian Citizenship by Descent Reform?

Several Italian courts have responded quickly to the challenges posed by the 2025 reform of Italian citizenship by descent laws.

• Campobasso Court: This tribunal ruled that the new decree cannot be applied retroactively. Applicants who started their process before March 28, 2025, should be evaluated under the previous, less restrictive rules.

• Turin Court: The Court of Turin questioned the constitutionality of the new law, citing potential violations of legal certainty and non-retroactivity principles. It referred the case to the Italian Constitutional Court for further review.

• Other Courts: Judges in Milan, Florence, and Bologna have also shown support for applicants who began their citizenship claims before the new rules, continuing to apply the old law in these cases.

What Role Does the Constitutional Court Play in the 2025 Italian Citizenship by Descent Reform?

In July 2025, the Italian Constitutional Court agreed to hear a constitutional challenge against the new decree affecting Italian citizenship by descent applications. A final ruling is expected by February 2026.

Until then:

• Some judges continue to allow pre-March applicants to proceed under the old citizenship rules

• Others are postponing cases, awaiting guidance from the Constitutional Court

This legal uncertainty means the outcome of your case may vary depending on when you applied and where your claim is being processed.

What Is the Current Status of the 2025 Italian Citizenship Law Reform?

Here’s what we know so far:

If You Submitted Your Citizenship Application Before March 28, 2025

You’re safe. Your application will be processed under the old rules.

If You Gathered Documents for Before March 28 but Didn’t Submit

You may still qualify under the previous system if you can prove you were actively preparing your case.

Valid proof may include:

• Dated translations or apostilles
• Emails with legal representatives
• Appointment confirmations with consulates
• Sworn declarations of preparation

A court appeal may allow you to proceed under the earlier framework.

If You Started Your Citizenship Application After March 28, 2025

You must follow the new law, including the 12-month residence rule. Still, exceptions or legal strategies may apply—especially if your case involves minors or dependent family members.

What Should You Do Now to Protect Your Italian Citizenship Claim

If you are uncertain about how the recent legal changes affect your specific situation, we recommend the following prudent steps:

1. Thoroughly organize and date all relevant documentation to establish a clear timeline.

2. Seek a detailed legal consultation with an experienced Italian citizenship attorney to assess your case and identify the best strategy.

3. Consider filing a timely appeal where applicable, supported by recent jurisprudence and judicial interpretations reinforcing your position.

The Luxury Law team is ready to evaluate each case individually to determine the likelihood of success and whether filing an appeal is appropriate. It is important to understand that appeals are not automatically suitable in every situation—careful legal analysis is essential before proceeding.

Prompt legal action is crucial to safeguard your rights and preserve your claim while the Constitutional Court’s decision is pending.

How We Can Help

At Luxury Law, we specialize in supporting international clients—including high-net-worth individuals—through complex legal procedures like Italian citizenship jure sanguinis.

As an international luxury law firm, we provide:

• Legal strategy tailored to your family’s history
• Representation before Italian consulates and courts
• Appeals and constitutional challenges where appropriate

We stay up to date with the latest court decisions and know how to build strong, evidence-based applications.

Contact us today for a personalized consultation and let our expert team help you navigate the complexities of Italian citizenship law with confidence.