Italy Citizenship Law 2026: Constitutional Court Upholds Restrictions on Citizenship by Descent

Italy Has Permanently Restricted Citizenship by Descent

On March 12, 2026, Italy's Constitutional Court issued a landmark ruling that will reshape how millions of people around the world relate to their Italian heritage. The court upheld the constitutionality of Law 74/2025 -- commonly known as the Tajani Decree -- confirming that Italy's new two-generation limit on citizenship by descent (*jure sanguinis*) is legally valid.

This ruling ends decades of policy under which anyone who could prove an unbroken chain of Italian ancestry -- no matter how many generations back -- could claim Italian citizenship. The decision is final and cannot be appealed.

If you have been considering an Italian citizenship claim, or if you are among the millions of diaspora descendants now affected, this guide explains everything you need to know: what the law changed, who is affected, critical deadlines, and what alternative pathways to Italy remain available.

What Is Jure Sanguinis and Why Did Italy Change the Rules?

*Jure sanguinis* (Latin for "right of blood") is the principle that citizenship passes automatically from parent to child, regardless of where the child is born. Italy has long been one of the most generous countries in the world when it comes to this principle.

The Old Rules (Before Law 74/2025)

Under the previous system, there was no generational limit. If your great-great-great-grandfather emigrated from Italy to Argentina in 1890, and if he never formally renounced his Italian citizenship, you could -- in theory -- claim Italian citizenship today. The only requirements were:

An unbroken chain of Italian citizenship from ancestor to applicant
The Italian ancestor must not have naturalised as a citizen of another country before the birth of the next person in the chain (or, if they naturalised after June 14, 1912, and before January 1, 1948, the rules varied further)
Documentary proof of the chain (birth, marriage, and death certificates; naturalisation records)

This system led to a massive global industry of genealogical research, document procurement, and legal services. Hundreds of thousands of applications were filed through Italian consulates and courts, particularly from Brazil, Argentina, the United States, Canada, Australia, and Venezuela -- countries with large Italian diaspora populations.

Why Italy Changed the Rules

The Italian government cited several reasons for introducing restrictions:

1Consular backlogs. Some Italian consulates -- particularly in Brazil and Argentina -- had wait times exceeding 10 to 15 years for citizenship appointments. The São Paulo consulate alone had a backlog of more than 100,000 pending applications.
2Administrative overload. Italian municipal offices (*comuni*) were overwhelmed by requests for ancestral records from applicants around the world.
3Perceived misuse. Italian lawmakers argued that granting citizenship to people with no meaningful connection to Italy -- who did not speak Italian, had never visited, and had no intention of living there -- undermined the concept of citizenship.
4EU passport access. Because Italian citizenship grants automatic EU citizenship, the unlimited *jure sanguinis* system effectively allowed an unlimited number of people to gain the right to live and work across all 27 EU member states, raising concerns from other EU governments.

What Law 74/2025 (the Tajani Decree) Changed

The decree was introduced by Italian Foreign Minister Antonio Tajani on March 28, 2025, as Decree-Law 36/2025. It was converted into law by the Italian Parliament on May 20, 2025, published officially on May 23, 2025, and took effect on May 24, 2025 as Law 74/2025.

The New Rules at a Glance

Aspect	Old Rule	New Rule (Law 74/2025)
Generational limit	None -- unlimited generations	2 generations maximum (parent or grandparent)
Ancestry requirement	Any Italian ancestor in the direct line	Italian parent or grandparent only
Citizenship exclusivity	Ancestor needed to have been Italian at relevant date	Ancestor must have held exclusively Italian citizenship at the relevant date
Court pathway	Applicants could file in Italian courts to bypass consular queues	Court applications now subject to the same generational limit

The "Exclusive Citizenship" Requirement

This is a critical and often misunderstood aspect of the new law. It is not enough for your parent or grandparent to have been an Italian citizen. They must have held only Italian citizenship at the time of the "event giving rise to acquisition" -- typically:

Your date of birth, or
Their date of death, if they died before you were born

In practice, this means that if your Italian grandparent naturalised as a citizen of another country (e.g., became American, Brazilian, or Argentine) before you were born, you are no longer eligible for Italian citizenship by descent under the new law -- even if they were within the two-generation limit.

This single requirement eliminates the majority of existing claims, because most Italian immigrants who settled abroad eventually took citizenship in their new country.

Who Is Still Eligible?

You may still qualify for Italian citizenship by descent under Law 74/2025 if:

Your parent is an Italian citizen (and held exclusively Italian citizenship at your birth), OR
Your grandparent is/was an Italian citizen (and held exclusively Italian citizenship at the time of your parent's birth or at their own death if earlier)

In practical terms, this largely limits eligibility to:

Children of Italian nationals living abroad who never naturalised elsewhere
Grandchildren of Italian nationals who maintained only Italian citizenship
People whose Italian parent or grandparent recently (re)acquired Italian citizenship

Who Is Affected?

The impact of this ruling is enormous. Conservative estimates suggest that tens of millions of people worldwide have lost their potential claim to Italian citizenship. The countries most affected include:

Brazil

Brazil has the largest Italian diaspora in the world, with an estimated 30 to 33 million people of Italian descent. Before Law 74/2025, Brazil accounted for the majority of *jure sanguinis* applications. The Italian consulate in São Paulo alone processed tens of thousands of cases annually. The vast majority of these applicants traced their ancestry back 3, 4, or 5 generations -- all now ineligible.

Argentina

An estimated 20 to 25 million Argentines have some Italian ancestry. Argentina was the second-largest source of *jure sanguinis* applications. Like Brazil, most applicants relied on great-grandparent or earlier connections.

United States

Approximately 17 million Americans identify as having Italian ancestry. While US-based applications were fewer in absolute numbers than those from South America, a significant community of applicants had been pursuing claims through Italian courts.

Other Countries

Significant Italian diaspora communities also exist in Canada (~1.6 million), Australia (~1 million), Venezuela (~1 million), Uruguay (~1.5 million), and across Western Europe.

The Constitutional Court Ruling: March 12, 2026

The Italian Constitutional Court (*Corte Costituzionale*) heard challenges to Law 74/2025 on March 11, 2026, and issued its ruling on March 12, 2026.

What Was Challenged?

Legal challenges argued that the law violated:

Equality principles (Article 3 of the Italian Constitution) -- by treating descendants differently based on generational distance
Acquired rights -- by retroactively removing citizenship rights that existed under prior law
The principle of non-retroactivity -- by applying new restrictions to people who were already entitled to citizenship before the law changed

What the Court Decided

The Constitutional Court rejected all major challenges, ruling that:

1The generational limit is constitutional and within the legislature's power to define citizenship criteria
2The state has a legitimate interest in preventing abuse of the citizenship system
3Managing consular backlogs and preserving citizenship integrity are valid justifications
4The law does not unconstitutionally discriminate because it applies uniformly to all applicants

This ruling is final. There is no further avenue of appeal within the Italian legal system.

Key Deadlines You Need to Know

If you are affected by this ruling or are currently in the process of applying, several critical deadlines apply:

Applications Filed Before March 27, 2025 (Grandfathered)

Approximately 60,000 applications that were filed at Italian consulates or in Italian courts before March 27, 2025 (the day before the Tajani Decree was issued) continue to be processed under the old unlimited-generation rules. If you had a pending application or a booked consulate appointment before this date, your case is grandfathered.

Minor Children Declaration: May 31, 2026

Parents who are Italian citizens can secure citizenship for their minor children (under 18) through a "declaration of intent" at their local Italian consulate. This must be completed by May 31, 2026 for children who were minors on May 24, 2025 (the date the law took effect).

If you are an Italian citizen with minor children who have not yet been registered, act immediately. This deadline is less than 3 months away.

Reacquisition Window: July 1, 2025 -- December 31, 2027

If you were born in Italy and lost your Italian citizenship before 1992 (when Italy did not permit dual citizenship), you may reacquire Italian citizenship by submitting a declaration. This does not require Italian residency. The window runs from July 1, 2025 to December 31, 2027.

Summary of Deadlines

Deadline	Who It Applies To	Action Required
Already passed (March 27, 2025)	New unlimited-generation applicants	Cutoff for grandfathered applications
May 31, 2026	Italian citizen parents of minors	File declaration of intent at consulate
December 31, 2027	People born in Italy who lost citizenship pre-1992	File reacquisition declaration

What Are Your Alternatives?

If you have lost your eligibility for citizenship by descent, Italy offers several alternative pathways:

1. Residency-Based Naturalisation

Non-EU citizens can apply for Italian citizenship after legally residing in Italy for a continuous period. The new law has actually shortened the residency requirement for people with Italian-born ancestors:

Category	Residency Required	Language Requirement
General non-EU applicant	10 years	B1 Italian
Applicant with Italian-born ancestor	2 years	B1 Italian
EU citizen	4 years	B1 Italian
Stateless person or refugee	5 years	B1 Italian

The 2-year pathway for those with Italian-born ancestors is a significant concession in the new law. If you can demonstrate that an ancestor (at any generational distance) was born in Italy, you can qualify for citizenship after just 2 years of legal residence plus a B1-level Italian language certification.

To use this pathway, you first need a valid Italian residence permit (*permesso di soggiorno*). The most common routes include:

Elective Residence Visa -- for financially independent individuals who can demonstrate sufficient income or savings (typically €31,000+/year for a single person)
Work visa -- if you have an Italian employer willing to sponsor you
Student visa -- if enrolled at an Italian university
Family reunification -- if you have an Italian citizen family member
Digital Nomad Visa -- Italy introduced this visa category in 2024 for remote workers employed by non-Italian companies

2. Citizenship by Marriage

If you are married to an Italian citizen, you can apply for citizenship after:

2 years of marriage if you reside in Italy, or
3 years of marriage if you reside abroad

You must also pass a B1 Italian language test.

3. The Reacquisition Route (Limited Window)

As noted above, if you were born in Italy and lost citizenship before 1992, you can reacquire it by declaration before December 31, 2027, without needing to move to Italy.

How This Affects Schengen Visa Applications

For millions of people who were previously planning to claim Italian citizenship as a route to EU residency and travel, this ruling fundamentally changes the calculus. If you can no longer claim Italian citizenship, but you still want to travel to or live in Italy, you will need to go through the standard visa process.

Visiting Italy as a Tourist

Italy is a Schengen Area member state, which means short-stay visits (up to 90 days in any 180-day period) require a Schengen visa for most non-EU nationals. The application process involves:

Submitting documents to the Italian consulate or a visa application center (VFS Global or TLS Contact)
Providing proof of accommodation, travel insurance, financial means, and a return flight
Processing times of 15 to 45 calendar days
A visa fee of €90 for adults

Our Italy Schengen visa requirements page has the full document checklist, step-by-step application process, and official links.

Moving to Italy Long-Term

If your goal was to live in Italy (which was the primary motivation for many citizenship-by-descent applicants), you now need to secure a long-stay visa and residence permit. The most accessible options are:

1Elective Residence Visa -- for retirees and financially independent individuals
2Work Visa -- requires a job offer from an Italian employer and falls within Italy's annual immigration quota (*decreto flussi*)
3Student Visa -- for enrollment at an accredited Italian institution
4Digital Nomad Visa -- for remote workers with non-Italian employers (income threshold: approximately €28,000/year)
5Family Visa -- if you have qualifying Italian relatives

Each of these requires a visa application at your nearest Italian consulate, followed by obtaining a *permesso di soggiorno* (residence permit) within 8 days of arrival in Italy.

ETIAS (Starting 2026)

Travellers from visa-exempt countries (including the US, Canada, Australia, and the UK) visiting Italy and other Schengen countries will soon need to register through the European Travel Information and Authorisation System (ETIAS) before travel. Our ETIAS preparation guide covers what you need to know.

Frequently Asked Questions

Does this ruling affect me if my application was already submitted?

If your application was filed at an Italian consulate or in an Italian court before March 27, 2025, your case proceeds under the old rules with no generational limit. Approximately 60,000 cases fall into this category.

My great-grandparent was Italian. Can I still claim citizenship?

Under the new law, no. The two-generation limit means only children and grandchildren of Italian citizens are eligible. Great-grandparent claims are no longer accepted, regardless of documentation.

What if my grandparent was Italian but also became a citizen of another country?

The exclusive citizenship requirement means your grandparent must have held only Italian citizenship at the time of your parent's birth (or at the grandparent's death, if earlier). If they had naturalised as a citizen of another country by that date, you are not eligible.

Can I challenge this ruling?

No. The Constitutional Court's ruling is final within the Italian legal system. Some legal scholars have discussed the theoretical possibility of a challenge at the European Court of Human Rights (ECHR), but no such case has been filed, and experts consider the prospects uncertain at best.

Is the 2-year residency pathway a realistic option?

Yes, but it requires you to physically move to Italy, obtain a valid residence permit, and pass a B1 Italian language exam. You will need to demonstrate sufficient financial means and a legal basis for your stay (work, study, retirement, etc.). It is a meaningful pathway, but it requires significant commitment.

I was born in Italy but became a citizen of another country before 1992. What can I do?

You can reacquire Italian citizenship by submitting a declaration at your Italian consulate between July 1, 2025 and December 31, 2027. You do not need to move back to Italy.

Does this affect EU free movement for existing Italian citizens?

No. If you are already an Italian citizen -- whether by birth, descent (under the old rules), marriage, or naturalisation -- your citizenship and EU rights are not affected.

How does this compare to other countries' citizenship-by-descent policies?

Italy's new rules bring it broadly in line with most European countries:

Country	Citizenship by Descent Limit
Italy (new)	Parent or grandparent (2 generations)
Ireland	Grandparent (with registration)
Germany	Parent (1 generation, with some historical exceptions)
Poland	No formal limit, but practically 2-3 generations
Portugal	Grandparent (with ties requirement)
Greece	No formal limit, but requires documentation
Hungary	No formal limit

What Happens Next

The Tajani Decree and the Constitutional Court ruling are now settled law. There is no pending legislation to reverse or modify the two-generation limit. The Italian government has indicated it considers the matter closed.

For the diaspora community, the focus now shifts to:

1Filing minor children declarations before May 31, 2026
2Exploring the 2-year residency pathway for those with Italian-born ancestors
3Utilising the reacquisition window (for those born in Italy) before December 31, 2027
4Standard visa and immigration pathways for those who want to visit or move to Italy

If you are planning to travel to Italy and need a visa, our step-by-step Schengen visa guide walks you through the entire process. For document preparation, our cover letter guide, bank statement guide, and travel insurance guide cover the most critical application components.

Official Sources

The information in this article is drawn from the following official and authoritative sources. Always verify current requirements directly with Italian government agencies before taking action:

Italian Constitutional Court (*Corte Costituzionale*) -- official rulings and press releases
Italian Ministry of Foreign Affairs (*Ministero degli Affari Esteri*) -- citizenship application procedures and consular information
Gazzetta Ufficiale -- official publication of Law 74/2025
Italian Parliament -- legislative record of the conversion of Decree-Law 36/2025

*This article was published on March 16, 2026. Citizenship and immigration laws can change. Check official Italian government sources for the most current information before making decisions about your citizenship or visa application.*