New Italian citizenship rules: is there any urgency to submit ASAP?

Apr 10, 2025

Will the May 27^th deadline actually impact your application? Is that date a game-changer for Italian Citizenship procedures?

Many are wondering whether it’s beneficial to submit Italian citizenship by descent applications as soon as possible or if it is better waiting, considering the potential conversion into law of Decree Law No. 36, approved on March 28^th, 2025. Is there really a need to rush? Let’s take a closer look at the situation to better understand what we can expect.

The Decree-Law n. 36/2025 is a measure adopted by the Government, in cases of extreme urgency, that has immediate legal force. It is not simply a draft pending approval, but a provision currently in effect. Despite being already binding and applicable, it must be converted into a law by Parliament within 60 days, during which time it may also be subject to amendments. If the conversion is not completed within the specified deadline, the Decree will expire, along with its effects.

DECRETO-LEGGE 28 marzo 2025, n. 36
Art. 2 –Il presente decreto entra in vigore il giorno successivo a quello della sua pubblicazione nella Gazzetta Ufficiale della Repubblica italiana e sarà presentato alle Camere per la conversione in legge.

Who is eligible under the new regulations?

According to the new Decree-Law, Italy recognizes Italian citizenship for those born abroad who:

• Have applied for citizenship recognition by the administrative authorities or judicial ones by March 27^th, 2025;
• Have a parent or grandparent born in Italy;
• Have a parent who lived in Italy for two consecutive years before their birth.

A minor (under 18) can qualify for Italian citizenship by descent if:

• A grandparent or a parent (including adoptive) is an Italian citizen born in Italy;
• An Italian parent lived in Italy for at least two years before the child’s birth;
• The child was born in Italy to an Italian parent.

What are the latest updates?

Some news that circulates are premature, as they provide definitive suggestions about a situation that is still unclear and uncertain, involving not only a Decree-Law that has not be converted into law yet, but also draft laws that are merely proposals under discussion and not approved.

Assessing the full range: best-worst scenario

Each case is unique and requires a specific evaluation; if you are not eligible and decide to submit your application urgently, be aware that you are already subject to the provisions of the Decree-Law currently in effect. In any case, let’s consider the possible future scenarios:

1. The decree remains unchanged and is converted into law without modifications: in this case, whether you submitted your application urgently or not, the current requirements of the Decree will apply.
2. The decree expires because it is not converted into law within 60 days: in such case, prior regulations would be reinstated.
3. The decree is converted into law with some modifications and your ineligibility may be reassessed.
4. Court actions against Consulate delays (if adequately supported with evidence) can be filed at any time. In our opinion, applicants can request the Court to apply the “old rules” (i.e. eligibility derived also from great-grandparents) and it will be at the Court discretion to grant/deny this request.

The final version of the law is expected by the end of May, though it could be released sooner. Until the Decree-Law is formally enacted as law, various uncertainties remain, including possible modifications to its structure and requirements (which may be either beneficial or more restrictive) as well as questions regarding competent authority to review the applications.

Waiting for the legislative conversion will surely provide greater clarity and access to more comprehensive information about the finalized legal framework.

While we understand that different law firms and specialized agencies may advise for alternative strategies, including speed up the procedures and submit applications as soon as possible, our team considers the official text of the Decree Law to be the sole concrete and reliable source of guidance.

Each company has its own policies and beliefs. Our position, to best serves our clients’ interests, is based on transparency, a thorough assessment of each case and on a careful review of the sole rules currently in force.

What can be considered a reliable reference at this stage?

For now, the official text of the Decree Law is the only available and reliable source in the ongoing wave of potential changes that citizenship law is undergoing.

This article was written by Giuditta De Ricco and Greis Muca.

For any assistance, contact our Citizenship Team: citizenship@mazzeschi.it

For further information, check out the related articles:

• New Decree-Law n 36 issued on march 28th 2025 on Italian citizenship: key changes and clarifications
• How Decree-Law n 36 affects minor children eligibility for Italian citizenship

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