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Italy Introduces “Genuine Link” Limitations on Citizenship by Descent

Marco Mesina explores how Italy's new law ends automatic citizenship for distant descendants without real ties to the country.

Marco Mesina
Milan

Marco Mesina explores how Italy’s new law ends automatic citizenship for distant descendants without real ties to the country.

On May 23, 2025, Italy officially converted Decree-Law No. 36 of March 28, 2025, into law. This new law markedly redefines the requirements for claiming Italian citizenship by descent (jus sanguinis).

Law No. 74/2025 entered into force on May 24 and marks a turning point in the country’s approach to citizenship rights for descendants of Italian nationals living abroad.

The law introduces, for the first time, a generational limit to automatic citizenship transmission and a new framework based on actual, demonstrable ties to Italy, radically departing from the long-standing principle that allowed citizenship to pass down indefinitely through generations, regardless of distance or cultural disconnection.

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Why Italy Changed Its Citizenship Law

The reform responds to growing administrative backlogs and geopolitical concerns. Over recent years, Italy has seen a surge in citizenship applications, especially from countries such as Brazil, Argentina, and the United States, often relying on ancestral ties going back three or four generations.

In many cases, applicants had little or no connection to Italy beyond genealogy. The new law aims to:

  • Prevent remote claims from individuals with no cultural, linguistic, or residential connection to the country;
  • Guarantee real links between the applicant and Italy, either through family or residence;
  • Reduce administrative congestion in consulates and municipalities handling such requests.

Who Can Still Apply Under the Old Rules?

The reform includes some grandfathering provisions, allowing applications under the previous legal regime in specific cases:

  • Authorities will evaluate applications filed by March 27, 2025, with complete documentation, under the old rules.
  • Applicants who booked and confirmed appointments before March 27, 2025, also preserve the right to apply under the prior system, even if they formally submit the application later.

The New Rules: Stronger Ties Required

Under the new Law No. 74/2025, applicants born abroad to Italian ancestors will only qualify for citizenship if they meet one of the following strong connection criteria:

  • The applicant has a parent or grandparent who is (or was, at the time of death) an Italian citizen and held no other citizenship.
  • The applicant’s parent or adoptive parent resided in Italy for at least two consecutive years after acquiring Italian citizenship and before the applicant’s birth or adoption. These requirements eliminate eligibility for vast numbers of individuals whose ties to Italy are purely genealogical, absent any recent family presence in the country.

Special Provisions for Minor Children

The law also introduces a structured path for minor children of Italian citizens:

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  • Minors under 18 as of May 24, 2025: Their Italian parent may file a declaration to obtain citizenship for them by May 31, 2026.
  • Children under one year old: A parent or legal guardian may file for citizenship within the first year of the child’s life.
  • Children over one year: Must reside in Italy for at least two consecutive years following the parents’ declaration before acquiring citizenship. Notably, minors who acquire Italian citizenship under these provisions may renounce it at age 18, provided they possess another citizenship.

A Global Trend Toward Stricter Citizenship Rules

Italy’s new approach echoes broader global trends. Countries worldwide are increasingly reassessing automatic citizenship rights passed through ancestry.

National security, social integration, and the need to manage administrative and migratory systems efficiently concern policymakers. The Italian law signals that the country no longer treats citizenship as a birthright through distant bloodlines; applicants must earn it, or at least anchor it to genuine familial or territorial ties.

For Italians abroad, especially in Latin America or the U.S., the implications are profound. Thousands of families in the process of tracing ancestry and gathering records to apply will now face a much narrower legal path or no path at all.

Referendum on Citizenship by Naturalization

While the new law restricts citizenship by descent, a separate political initiative may expand access in a different direction. Italy will hold a referendum on June 8–9, 2025, proposing to reduce the residency requirement for naturalization from ten years to five years.

If voters approve this measure, it would significantly accelerate the path to citizenship for foreign residents who build their lives in Italy; highlighting the contrast between stricter jus sanguinis rules and potentially more open jus soli or residency-based access.

The Future of Italian Citizenship

Law No. 74/2025 changes the landscape of Italian citizenship applications. It marks a decisive shift toward controlled, connection-based access to one of the world’s most sought-after passports.

While many will see doors closing, others may find new, more transparent pathways to becoming Italian, through residence, cultural integration, or family reconnection, rooted in the present, not just the past.

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