Italian Citizenship by Descent: Complete Legal Guide for US, UK & International Applicants (2026)

MG Law Firm — Updated July 2026

For millions of people of Italian descent living in the United States, United Kingdom, Canada, Argentina, Brazil, and Australia, Italian citizenship by descent has long represented a pathway to a second nationality — and with it, the right to live, work, and travel freely within the European Union.

In 2025, the legal framework changed significantly. The Tajani Decree, converted into Law 74/2025, narrowed eligibility and ended the era of unlimited generational reach. Understanding exactly where you stand — and whether a lawyer is needed — has never been more critical.

What Is Italian Citizenship by Descent (Jure Sanguinis)?

Jure sanguinis is a Latin term meaning “by right of blood.” Under Italian law, citizenship passes automatically from parent to child at birth — regardless of where the child is born. In theory, this means Italian citizenship can transmit across generations to descendants living anywhere in the world, as long as the chain of transmission is unbroken.

The right does not expire and is not lost through non-use alone. However, it can be interrupted if an Italian ancestor naturalised as a citizen of another country before the birth of the next person in the lineage, or — under the post-2025 rules — if the ancestor held dual citizenship at the time of death.

Formal recognition requires an official procedure: either through the Italian consulate covering the applicant’s country of residence, or through an Italian civil court. Recognition is declaratory, not constitutive — meaning the state is acknowledging a right that already exists, not granting a new one.

What Changed in 2025? The Tajani Decree (Law 74/2025) Explained

On March 28, 2025, the Italian government issued Decree-Law 36/2025, known as the Tajani Decree. It was converted into Law 74/2025 on May 24, 2025, making the reforms permanent.

The core change: automatic jure sanguinis recognition is now limited to two generations. Under the new rules, only individuals whose parent or grandparent was born in Italy can apply through the standard consular or court route. The ancestor must also have held exclusively Italian citizenship at the time of their death.

Claims through great-grandparents — which had been available for decades and formed the basis of the vast majority of applications from the Americas — are no longer available for new applicants under the standard route.

In March 2026, the Italian Constitutional Court confirmed that these restrictions are compatible with the Italian Constitution, closing the door on a direct constitutional challenge.

Who Still Qualifies Under the New Law?

Under Law 74/2025, you may qualify for Italian citizenship by descent if all of the following apply:

• ►Your parent or grandparent was born in Italy (not a great-grandparent or more remote ancestor)
• ►That ancestor held exclusively Italian citizenship at the time of their death — they did not naturalise in another country or hold dual nationality
• ►The citizenship chain from the Italian ancestor to you is unbroken — no person in the line renounced Italian citizenship or naturalised abroad before the birth of the next generation
• ►You can document the lineage with official civil records (birth, marriage, death certificates) with Apostille and Italian translations

Who Was Protected by the Grandfathering Clause?

The reform includes a transitional provision. Applicants whose case was already in motion before the decree was issued retain access to the pre-reform rules, regardless of generational distance from the Italian ancestor.

You are protected by the grandfathering clause if, before March 27, 2025 at 23:59 Rome time, you had:

• ►Submitted a citizenship application to the appropriate Italian consular office or municipality
• ►Had a consular appointment officially confirmed for citizenship purposes
• ►Filed a citizenship claim before an Italian civil court

Whether a specific action qualifies as sufficient under the transitional provision is a legal question that depends on documentary evidence. As noted in Court of Cassation Order n. 13818/2026, the inability to book a consular appointment due to administrative delays may itself constitute a legally relevant obstacle — a factor MG Law has followed closely for affected clients.

What Documents Are Required?

Document requirements vary by consulate and by the specific facts of your lineage. The following are typically required for the core ancestral chain:

• ►Long-form birth certificates for each person in the lineage (Italian ancestor + all descendants to the applicant)
• ►Marriage certificates establishing family relationships across generations
• ►Death certificates (where applicable)
• ►Naturalisation records — or official documentation confirming the absence of naturalisation — for the Italian ancestor
• ►Hague Apostille on all foreign documents
• ►Sworn Italian translations of all non-Italian documents, by a certified translator
• ►Valid government-issued ID for the applicant

The consular application fee is €600 as of 2026. Additional costs — apostilles, translations, legal assistance — vary depending on the case. Missing or incomplete documents are among the most common reasons for delays and rejections.

Consulate vs. Court: Which Route Applies to Your Case?

Key Considerations Before Starting Your Claim

• ►Verify your generation before anything else. The 2025 reform makes generational distance the threshold question. If your Italian ancestor is a great-grandparent or further back, the standard route is no longer available for new applicants.
• ►Naturalisation history is decisive. A single naturalisation event in the wrong place in the chain breaks the transmission permanently. This requires research into US, UK, or other immigration records — not just Italian documents.
• ►Missing records are common and manageable. Birth records from small Italian towns, pre-1900 records, and documents lost in wartime can often be reconstructed through Italian municipal archives, the Church, or genealogical research services.
• ►Consular waiting times vary enormously. Some Italian consulates (particularly in Latin America and the United States) have waiting times of three to five years for appointments. Establishing Italian residency to use the municipal route can be a faster alternative in some cases.
• ►The 1948 maternal-line route still exists but is court-only. If your Italian ancestry runs through a female ancestor before 1948, a judicial procedure before an Italian civil court remains available — but the legal landscape following the 2025 reform requires careful case-by-case evaluation.

Frequently Asked Questions

This article is for informational purposes only and does not constitute legal advice. Rules may vary depending on individual circumstances, lineage, and the applicable consular or judicial procedures. A qualified legal assessment is recommended before proceeding. Last updated: July 2026.