⏰ LAST UPDATED: AUGUST 10, 2026 Understanding the statutory differences between pre-2025 regulations and current legislation is essential for anyone applying for Italian citizenship by descent (jure sanguinis). Following the enactment of Law No. 74/2025, strict generational limits now apply to new applications. Use this quick-reference guide to determine which framework applies to your case.Italian Citizenship by Descent: Old Rules vs. New Rules — Quick Reference Guide
| Topic | Old Rules (Filed Before March 28, 2025) | New Rules (Filed After March 27, 2025) |
|---|---|---|
| Generational Limit | No Limit. Applicants could trace lineage through any ancestor (great-grandparent, great-great-grandparent) provided the chain remained unbroken. | Parent or Grandparent Only. Lineage is capped at the second degree. Great-grandparents and distant ancestors no longer qualify for new claims. |
| Grandfathering Protection | All pending applications registered under former laws continue under those rules. | Claims submitted, filed in court, or with a confirmed appointment and complete records by 11:59 PM Rome time on March 27, 2025 proceed under old rules. |
| 1948 Judicial Cases | Filed in the regional court of the ancestor’s municipal birth district without generational limits. | Same regional court process, but subject to the parent/grandparent limit unless registered in court before the cutoff date. |
| Minor Children | Generally automatic recognition if living permanently with the parent acquiring citizenship (Art. 14, Law 91/1992). | Tightened. Parents must complete formal residency declarations. Automatic recognition is no longer guaranteed without specific filings. |
| Document Standards | Apostille legalization, sworn translations, and complete vital records chain required. | Unchanged. Full Apostille, certified sworn translations, and vital record chains remain mandatory. |
| Consular / Municipal Processing | Variable timelines; consulates average 12–24+ months; municipal filings in Italy are often faster. | Unchanged. Processing times remain dependent on local municipal or consular workload. |
| Judicial Processing Times | Regional courts typically resolve 1948 proceedings within 12 to 18 months. | Unchanged. Regional court proceedings continue to resolve within an estimated 12 to 18 months. |
Our citizenship specialists evaluate filing dates, ancestral degrees, and document eligibility to ensure compliant application positioning.
Follow this step-by-step evaluation table to determine whether your application falls under pre-2025 protections or current statutory limitations:
| Procedural Question | Response | Legal Outcome & Action Required |
|---|---|---|
| Did you submit your application, file a court case, or receive a confirmed appointment with full document submission by March 27, 2025? | YES | You are protected. Your application proceeds under the old rules with no generational limits. Great-grandparents and earlier generations remain valid. |
| Did you submit your application, file a court case, or receive a confirmed appointment with full document submission by March 27, 2025? | NO | New rules apply. You must evaluate whether your Italian ancestor is within two generations (parent or grandparent). |
| Is your qualifying Italian ancestor a parent or grandparent? | YES | Fully Eligible. You can proceed with standard administrative consular filings, municipal applications in Italy, or 1948 court proceedings. |
| Is your qualifying Italian ancestor a parent or grandparent? | NO | Standard Path Closed. Claiming through great-grandparents is restricted. Consult our legal advisors to explore transitional protections or alternative pathways (such as naturalization or residency). |
| Statutory Date | Legislative Event & Impact |
|---|---|
| March 28, 2025 | Law Decree 36/2025 (Tajani Decree) enacted, establishing generational limits for new applications. |
| May 24, 2025 | Decree officially converted into Law No. 74/2025, bringing permanent statutory force to generational limits. |
| May 31, 2026 | Extended deadline for specific statutory declarations regarding minor children born before May 24, 2025. |
Q: I have a great-grandparent who was Italian. Is there any way I can still apply?
The standard jure sanguinis path is closed for new applications submitted through great-grandparents after March 27, 2025. However, certain judicial remedies exist for individuals who were trapped in long consular waitlists prior to the cutoff date. Consult our Citizenship Legal Team to review your consular timeline.
Q: I submitted my application in 2024, but my consulate has not finalized processing. Is my case safe?
Yes. Applications fully submitted before March 28, 2025 are grandfathered under the old rules. If your consulate delays processing beyond statutory limits (exceeding 24 months), judicial options are available to compel processing in Italian court.
Q: Does the 2025 law affect citizenship by marriage or residency?
No. Law No. 74/2025 applies exclusively to citizenship by descent (jure sanguinis). Citizenship by marriage (Art. 5, Law 91/1992) and naturalization by long-term legal residency follow unchanged statutory requirements.
Q: I am in a 1948 case through my great-grandmother, and my attorney filed the lawsuit in January 2025. Is my case still valid?
Yes. Judicial proceedings registered with an Italian regional court prior to March 28, 2025 proceed under pre-existing rules, allowing lineage claims through great-grandmothers to continue unaffected.
For additional details regarding Italian citizenship legislation and consular services, review the official portal of the Ministry of Foreign Affairs and International Cooperation (MAECI) or explore our Relocation Services Portal.
