ARTICLE
11 December 2025

Italian Descendants 2025 Decree: Entry And Citizenship

BI
Boccadutri International Law Firm

Contributor

Boccadutri is an Italian law firm that specialises in assisting international clients with legal matters in Italy. We are able to serve our clients in their native language and also have offices located across the globe that allow clients to meet our lawyers without having to travel to Italy.Our international offices are located in Palermo, Milan, Rome, London, Barcelona, New York, Bucharest, Krakow, Rosario, Istanbul, Sydney and Rio de Janeiro. We are also well placed in Italy to attend court hearings and other local matters with our offices in Milan (North) and Palermo (South).Boccadutri specialises in a wide range of Italian matters such as personal injury, real estate, civil law, forex, and administrative and criminal litigation matters. All our expert lawyers are fully qualified and specialists in their respective fields.
A ministerial decree identifying the destination countries of significant Italian emigration flows was published in the Official Gazette on Monday, 24 November 2025.
Italy Immigration
Calogero Boccadutri’s articles from Boccadutri International Law Firm are most popular:
  • in United States
Boccadutri International Law Firm are most popular:
  • within Real Estate and Construction, Litigation, Mediation & Arbitration and Criminal Law topic(s)

A ministerial decree identifying the destination countries of significant Italian emigration flows was published in the Official Gazette on Monday, 24 November 2025.

The decree implements certain measures introduced by Decree-Law No. 36/2025, converted with amendments into Law No. 74/2025, concerning Citizenship, and it does not relate to jure sanguinis recognition. It concerns only entry for employment and an accelerated pathway to naturalisation.

The contents of the new decree

The debated measure, urgently approved by the Italian Parliament in March of this year, saw the addition of Article 1 bis during the Senate proceedings. This article introduces Provisions to promote the recovery of Italian roots among descendants of Italian emigrants and the consequent acquisition of Italian citizenship.

Specifically, the measure published in the late November Official Gazette concerns the "Identification of the destination States of significant Italian emigration flows whose citizens, if descendants of an Italian citizen, are permitted entry and residence in Italy for subordinate employment outside the quotas referred to in Article 3, paragraph 4, of Legislative Decree No. 286 of 25 July 1998".

The current law on Citizenship iure sanguinis

In 2025, Decree-Law 36 and its conversion into Law No. 74 introduced new rules governing citizenship iure sanguinis, with a focus on strengthening the actual connection with Italy and on how it must be demonstrated.

The most significant changes concerned the generational limit for recognition.

Applications for citizenship submitted after 27 March 2025 are subject exclusively to the new rules, which aim to combat abuses and streamline procedures.

Below is a summary of the main changes:

  • Limitation of generational transmission

Citizenship by descent is now automatically limited to the second generation, meaning the applicant must have at least a parent or grandparent born in Italy.

Previously, there were no generational limits, provided that the line of descent had no interruptions (that is, none of the ancestors had renounced citizenship before the birth of the descendant or while living under the same roof).

  • Obligation to maintain an effective connection

Applicants residing abroad must maintain an effective and emotional connection with Italy, exercising at least once every 25 years the rights and duties of an Italian citizen.

  • Entry for employment

New residence permits for subordinate work are granted to the descendants of Italians coming from countries with the highest migration flows, outside the regular quota system established by the annual immigration decree.

  • Cases already recognised or pending

Persons who obtained citizenship before 27 March 2025, or who had already secured an appointment for recognition, or who had initiated judicial proceedings before an Italian court for recognition, are not affected by the new rules.

What changes for those seeking citizenship in 2025

Alongside the changes to iure sanguinis, 2025 introduces significant updates for those wishing to reacquire or obtain citizenship through methods other than descent.

One of the most substantial changes concerns the simplified reacquisition for those who lost Italian citizenship before 15 August 1992 and wish to regain it. The procedure has been simplified and made faster, allowing reacquisition by means of a formal declaration to be submitted by 31 December 2027.

A second innovation concerns minors born abroad to at least one Italian parent.

With the 2025 reform, minor children born abroad to Italian citizens no longer automatically acquire Italian citizenship "by birth" (iure sanguinis) as previously occurred.

Now, the acquisition of citizenship by these minors occurs "by operation of law", through a declaration of intent submitted by the parents or legal guardian, based on the requirements set forth by the statute.

  • For children born after the reform entered into force (24 May 2025): Parents must submit the declaration of intent within one year of the child's birth (or of the date on which parentage is legally established in cases of adoption).
  • For minors who were already underage on 24 May 2025: A transitional window applies: the declaration may be submitted until 23:59 on 31 May 2026.
  • If the child reaches adulthood before the declaration is made, the responsibility shifts to the child, who must submit it personally by the same 31 May 2026 deadline.

A minor born abroad may obtain citizenship "from birth" only if:

  • The Italian parent possesses exclusively Italian citizenship (holds no other nationality).
  • In cases where the Italian parent has dual citizenship, the parent must have resided in Italy for at least two consecutive years after acquiring or reacquiring Italian citizenship and before the child's birth.

Practical example

Previous scenario (no limit):

  • The ancestor (great-great-grandfather) is born in Italy in 1880 and emigrates to Argentina, where the great-grandfather is born.
  • The great-grandfather is born in Argentina in 1910.
  • The grandfather is born in Argentina in 1940.
  • The parent is born in Argentina in 1970.

None of them renounce Italian citizenship.

  • The applicant (fourth generation) is born in Argentina in 2000.

Result: until 28 March 2025, the applicant would have been eligible for Italian citizenship by demonstrating uninterrupted citizenship transmission.

Current scenario:

  • Following the same family tree, with the introduction of the generational limit, the applicant born in 2000 is no longer eligible for citizenship via the administrative route, because the Italian-born ancestor (the great-great-grandfather) is beyond the second generation (the applicant being the fourth generation).

When the exemption for the third generation applies

The exemption to the second-generation limit, which allows a third-generation descendant to submit an application, applies in specific cases provided by the new legislation:

  • If the applicant is a third-generation descendant (grandchild of an Italian-born grandparent), the exemption applies if at least one of the applicant's parents (the second generation) legally resided in Italy for at least two years before the applicant's birth.

In summary, the new law restricts claims based on remote ancestry, focusing instead on closer family ties to Italy, unless a parent has maintained a significant period of residence in Italy.

Article 1 bis of Law No. 74/2025

Article 1 bis amended the Consolidated Immigration Act, allowing entry and residence for subordinate work outside the quotas to "foreign nationals residing abroad who are descendants of an Italian citizen and who hold the citizenship of a State identified as a destination of significant Italian emigration flows".

The provision required that such States be identified by decree of the Minister of Foreign Affairs and International Cooperation, in agreement with the Ministers of the Interior and Labour and Social Policies.

This led to the measure dated 17 November 2025, published in the Official Gazette on 24 November.

Which States are included in the new Decree

The Ministry of Foreign Affairs identified the States "on the basis of the current size of the Italian communities residing there", selecting those with more than 100,000 Italians registered with AIRE as of 31 December of the previous year.

Citizens of the seven identified States, if descendants of Italian citizens, will be able not only to enter and reside in Italy for subordinate employment outside the ordinary annual quotas of the Immigration Decree, but also to apply for Italian citizenship after two years of residence.

Entry outside the quota limits is now allowed for descendants of Italians from:

  • Argentina (989,901 AIRE-registered Italians)
  • Brazil (682,300 registered)
  • United States (241,056 registered)
  • Australia (166,848 registered)
  • Canada (148,251 registered)
  • Venezuela (116,396 registered)
  • Uruguay (115,658 registered)

Currently excluded are descendants of Italians who emigrated to other historically significant destinations such as South Africa, Mexico, Peru and Chile.

Further expansions may occur in the future, but any extension will require a new ministerial decree.

How out-of-quota entry works for descendants of Italians

Workers residing abroad in one of the States identified by the Decree, who descend from Italian citizens (with no generational limits), may request a residence permit for subordinate employment, outside the restrictions imposed by the annual quota system.

Accelerated naturalisation after two years: how it works

The key point is that it will be possible to apply for italian Citizenship through naturalisation after just two years of lawful and continuous residence.

Under the new rule, the number of authorisations for entry into Italy for subordinate work becomes unlimited for non-EU citizens with Italian origins, and they may acquire the citizenship of their ancestors after settling in Italy for only two years.

Critical issues of Law No. 74/2025 and open questions

The new Citizenship Law has generated debate over possible constitutional issues.

Several courts have appealed to higher authorities to challenge the legitimacy of the new provisions on Citizenship iure sanguinis.

The Constitutional Court has announced that it will examine the order submitted by the Court of Turin on 11 March 2026.

The Court of Turin referred the matter because it questions the constitutional legitimacy of certain parts of Decree-Law 36/2025, now Law 74/2025.

Specifically, the Court will evaluate the constitutionality of the new Article 3 bis, which establishes that descendants of Italian citizens born abroad, who already hold another citizenship at birth, do not automatically acquire Italian citizenship but must submit an application.

"The question of constitutional legitimacy of Article 3 bis of Law No. 91/1992 is not manifestly unfounded" when applied to individuals born abroad before the new rule entered into force.

Other courts have raised questions of unconstitutionality concerning Law 74, but it is unclear whether further discussions will follow.

The Joint Sections of the Court of Cassation have also been consulted on iure sanguinis citizenship, both regarding the retroactive application of Law 74 and the interpretation of the so-called minor issue, referring to the interruption of the bloodline where the father became naturalised while minor children lived with him.

Given the importance of the matter, the Court has taken time, and no hearing date has yet been set.

The ruling is expected to provide a uniform and binding interpretation of issues currently debated in lower courts, with potential impact on thousands of present and future applications.

Our Immigration Department lawyers monitor developments in Italian and international citizenship legislation.

Do not hesitate to contact them for information and assistance.

FAQ on the Decree for Italian Descendants

Who can benefit from the new decree on Italian descendants published in 2025?

Those who are descendants of Italian citizens and who hold the citizenship of one of the seven States identified by the Ministry of Foreign Affairs as major historical destinations of Italian emigration.

Which countries are included in the Decree?

Argentina, Brazil, United States, Australia, Canada, Venezuela and Uruguay.

Does the Decree allow recognition of citizenship iure sanguinis?

No, the decree concerns out-of-quota entry for subordinate employment and accelerated naturalisation after two years of residence. Jure sanguinis recognition follows different rules.

After how long can citizenship be requested under the new system?

Descendants entering with a subordinate work permit may apply for citizenship after two years of continuous residence in Italy.

Does the generational limit introduced by Law 74/2025 apply to everyone?

Yes, it applies to all applications submitted after 27 March 2025, with exceptions for minors with an Italian parent or grandparent.

Are those who started their citizenship application before 27 March 2025 subject to the new rules?

No, those who already obtained citizenship, secured an appointment, or initiated court proceedings are excluded.

Will other States be added in the future?

Possibly, but any expansion will require a new ministerial decree.

Is the citizenship reform subject to legal challenges?

Yes, several courts have raised constitutional concerns, and the Constitutional Court will examine Article 3 bis in 2026. Issues are also pending before the Joint Sections of the Court of Cassation.

The content of this article is intended to provide a general guide to the subject matter. Specialist advice should be sought about your specific circumstances.

[View Source]

Mondaq uses cookies on this website. By using our website you agree to our use of cookies as set out in our Privacy Policy.

Learn More