New decree law n° 36, issued on March 28th 2025 on Italian Citizenship: key changes and clarifications

Mar 31, 2025

Navigating these regulations may be challenging so here’s a brief guide

On March 28^th, 2025, the Italian government issued a new decree-law that modifies the regulations on Italian citizenship. To fully understand its impact, it is important to clarify the nature of the act and its contents.

What is a Decree-Law?

A decree-law is a regulatory measure adopted by the government in cases of extreme urgency. It has an immediate force of law, but it must be converted into law by Parliament within 60 days, during which it may also undergo amendments.

The law decree n° 36 is already into force and enforceable from March 29th, 2025: it may be converted in law within 60 days as it is, OR it may be amended OR it may expire and lose its previous effects.

Eligibility for Citizenship by descent

According to new Decree Law n° 36, Italy will consider Italian citizens at birth those descendants born outside Italy who:

• have applied for Italian citizenship recognition in Consulate or before a City Hall by and not beyond 27^th of March 2025;
• have submitted a judicial procedure before an Italian Court by and not beyond 27^th of March 2025;
• have a parent or a grandparent who was born in Italy;
• have a parent who has lived in Italy for two continuous years before their birth;
• Great grandparents or great great grandparents will no longer be considered under the new rules;
• New rules apply only to those who hold another citizenship, in order to avoid statelessness.

Recognition of Citizenship

Individuals who have already been recognized as Italian citizens (by a court, municipality, or consulate) will retain their citizenship. Applications for recognition of citizenship that were documented and submitted before 23:59 (Rome time) on March 27^th, 2025, will be processed according to the previous regulations.

Draft Law

Along with the decree-law, a draft law has been presented, establishing the principle of an “effective link” to Italy, defined by taking residence in the country. Some key points of the draft law – still under review – include:

• Birth certificate registration: descendants of Italian citizens born abroad must register their birth certificate before turning 25.
• Loss of citizenship: Italian citizenship is lost for non-resident citizens born abroad who fail to maintain ties with Italy for 25 years.
• Other categories of individuals with an Italian ancestor may qualify for Italian citizenship.
• Citizenship by marriage: spouses of Italian citizens can only obtain citizenship if they reside in Italy.

Disclaimer: answers are provided in the light of the information released so far by the Government and may be subject to amendments or revision. Further instructions have not been provided yet.

Article written by Giuditta De Ricco and Greis Muca.

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