Italian Citizenship by Descent – Jure Sanguinis

Legal assistance with the recognition of Italian citizenship by descent: preliminary review, documents, application and legal protection in administrative and court proceedings.

Italian citizenship by descent (jure sanguinis): legal assistance from Studio Legale Beggin
Italian citizenship by descent (jure sanguinis): legal assistance from Studio Legale Beggin

Who Is This Service For?

Citizenship jure sanguinis ("by right of blood") is Italian citizenship passed down by descent from an Italian citizen. It is not granted as a favor: those who are entitled to it request its recognition, proving through civil records (birth, marriage and death certificates) the line of descent connecting them to their Italian ancestor.

The rules changed significantly with Decree-Law No. 36/2025, converted into Law No. 74/2025, which introduced Article 3-bis into Law No. 91/1992. The new provision limits transmission for people born abroad who hold another citizenship, such as US citizenship, and provides a transitional regime for applications filed by March 27, 2025. Because the legal framework is still evolving, including in the courts, it is essential to have your position reviewed in good time. Our firm assists with the analysis of the line of descent, collecting documents, filing the application and, when necessary, legal action in court.

This service is designed for people of Italian descent who want to verify or obtain recognition of their citizenship, in particular:

descendants of Italian emigrants living abroad, for example in the United States, who want to know whether their line of descent is still recognized;

people who already filed an application or a court case by March 27, 2025 and need assistance to pursue it;

children and grandchildren of Italian citizens who held only Italian citizenship;

people with a parent who lived in Italy for at least two consecutive years before their birth or adoption;

families who need to coordinate the applications of several descendants, including minors.

Requirements

For people born abroad who hold another citizenship, Article 3-bis of Law No. 91/1992 recognizes citizenship by descent only under certain conditions. In summary:

an application or court case filed by 11:59 p.m. (Rome time) on March 27, 2025, which remains subject to the previous rules;

a parent or grandparent who holds or held only Italian citizenship;

a parent who lived in Italy for at least two consecutive years before the applicant's birth or adoption.

In all cases, it remains essential to prove an unbroken line of descent and that no ancestor renounced or lost Italian citizenship before passing it on.

Documents

Documentation varies from case to case. It usually includes:

the birth certificate of the Italian ancestor, issued by the Italian town hall (Comune);

birth, marriage and, where necessary, death certificates of all descendants in the line;

a certificate of non-naturalization of the Italian ancestor or equivalent documentation (for US cases, usually records showing whether and when the ancestor became a US citizen);

foreign documents legalized or apostilled and translated into Italian;

any amended records where names or dates do not match;

the applicant's ID document.

The exact list must be checked case by case and with the competent office.

Application Process

In general, the process follows these stages:

Step 1 – Preliminary review: reconstructing the line of descent and checking the conditions of Article 3-bis of Law No. 91/1992, including the dates of any applications already filed;

Step 2 – Collecting and preparing documents: requesting records in Italy and abroad, any corrections, translations and legalizations or apostilles;

Step 3 – Filing the application: with the Italian consulate with jurisdiction over your place of residence if you live abroad, or with the civil registrar of the town hall (Comune) if you live in Italy, following the procedures, including appointments, set by that office;

Step 4 – Review and outcome: the office checks the documents and the line of descent; in case of refusal or no response, legal action before the Italian courts is assessed, within the deadlines and jurisdiction provided by law;

Step 5 – After recognition: registration of your civil records in Italy, enrollment in the registry of Italians residing abroad (AIRE) and application for Italian documents, such as a passport.

Common Problems and Refusals

In practice, citizenship by descent applications can face obstacles that are best identified in advance:

applications filed by March 27, 2025: the filing date and the proof of filing must be checked, along with the applicable rules;

an ancestor who naturalized or held dual citizenship: naturalization before the descendant's birth can break the line of transmission;

personal details that do not match between Italian and foreign records, requiring corrections;

maternal lines and people born before 1948: cases that require an in-depth assessment and sometimes a court case;

minors born abroad: the law sets specific rules and deadlines, to be checked case by case;

delays, no response from the authorities or a refusal: assessment of the available remedies;

developments in case law: in 2026, Italy's Constitutional Court rejected the challenges raised against the new Article 3-bis and then referred a question to the Court of Justice of the European Union, so the legal framework may still change.

How Our Law Firm Can Help

Studio Legale Beggin, based in Verona, assists descendants of Italian citizens in verifying and obtaining recognition of citizenship by descent. Our assistance includes:

an initial consultation to reconstruct your line of descent and assess your position under the current rules;

verification of the conditions of Article 3-bis of Law No. 91/1992 and of the applicable regime;

identification of the necessary documents and support with corrections, translations and legalizations;

filing the application and monitoring its progress;

assessment of legal action in court in case of refusal or no response from the authorities.

Consultations can take place at our office or online. Given how quickly this area of law is changing, each case is assessed individually, and no outcome can be guaranteed in advance.

Frequently Asked Questions

What is citizenship jure sanguinis?

It is Italian citizenship passed down by descent from an Italian citizen. It is not granted but recognized: applicants must prove, through civil records, the line of descent connecting them to their Italian ancestor.

Did the 2025 reform abolish citizenship by descent?

No, but it restricted it. For people born abroad who hold another citizenship, Decree-Law No. 36/2025, converted into Law No. 74/2025, allows recognition only in certain cases – for example, when a parent or grandparent held only Italian citizenship, or when a parent lived in Italy for at least two consecutive years before the applicant's birth – in addition to the transitional regime for applications filed by March 27, 2025.

What if I applied before March 27, 2025?

Applications and court cases filed by 11:59 p.m. (Rome time) on March 27, 2025 remain subject to the previous rules. It is important to be able to document the filing date, and it is advisable to have your situation reviewed by a lawyer.

Where do I file the application?

As a rule, with the Italian consulate with jurisdiction over your place of residence if you live abroad, and with the civil registrar of the town hall (Comune) if you live in Italy. In case of refusal or no response, legal action before the Italian courts may be considered. Procedures, including appointments, vary from office to office.

How long does recognition take?

Timelines vary widely depending on the competent office, how complete the documents are and whether corrections or a court case are needed. No date can be guaranteed in advance: a preliminary review makes it possible to assess the best path.

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