Since January 2024 Italy is discussing changes to how people can get dual citizenship by descent. This means that it may become harder to prove you’re connected enough to Italy to become a citizen. For all descendants a pivotal requirement is the demonstration of proficiency in the Italian language at the B1 level. And if you’re further removed than that, you might also need to live in Italy for a year (find out here all the details). But what does this mean for current applications?
Applications with Court Judgments:
Applications that have been processed in the Italian courts and concluded with a judgment will remain unaffected. This stability is a testament to the legal principle that respects the finality of judicial decisions.
Pending Applications:
For applications currently under review until a court issues a decision, the Italian Civil Code provides a safeguard: laws apply to the future, not the past. Specifically, Article 11 of the Preliminary Provisions of the Italian Civil Code clarifies that laws are not retroactive. This means that new laws generally do not impact actions or applications that occurred before the law was enacted. This principle ensures fairness and stability, protecting ongoing applications from being affected by newly passed laws, thereby offering a measure of security during uncertain times.
However, if new legislation is passed without transitional measures to specifically protect ongoing applications, the result of an application can still be uncertain.Therefore, it is highly recommended to consult with a knowledgeable attorney who can ensure that your application remains unaffected by any changes in the law, securing your rights and ensuring adherence to current legal standards.
Future Applicants:
Those who are yet to initiate their journey towards Italian dual citizenship may face the full brunt of the new requirements, should the law be enacted as proposed. The specific impact, however, hinges on the legislative process’s outcome and whether transitional provisions are put in place for ongoing applications.
Final Thoughts
The idea of these changes might seem worrying, especially if you’re planning to apply for Italian dual citizenship. But it’s important to remember that these changes are still just being talked about. Nothing is set in stone yet.
Having an attorney to guide you through this process can be really helpful. They can keep you updated on any changes and help you understand what the best steps are for your situation.
Applying for dual citizenship in Italy is a big deal, and it’s understandable to want everything to go smoothly. Staying informed and getting good advice are key to making sure you’re on the right track, no matter what changes come along.
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Ciao,
I am trying to get Italian citizenship via JS. My understanding is that if I am having a hard time getting an appt. at my local Italian consulate, That I can go through the regional Italian courts. I believe I have everything I need to file a lawsuit. Hopefully, the law doesn’t change this year.
Way to go!👍 I would recommend filing an application in Court before the law changes.
when will they be voting on the passage of this law? I still need to get apostilles and translations done.
It is still unclear if and when the Bill will pass. The discussions are ongoing in the Parliament and may continue for at least a few months. The process to approve a new law is rather long and involves both Chambers of the Italian Parliament. I wrote a new article about this and you’re welcome to read it: Italian Citizenship Law: Follow Ancestry Bill Updates
I am planning on traveling to Sicily, hopefully in August. Mt father wS a 1st generation American and hid parents were both from Sicily. They immigrated to the US. And my father was born before (1916) my grandfather naturalized in 1919. From.the research, I have done, I am eligible for Italian citizenship via juris sanguinis. My son who would be 3rd generation, also wants to apply. Do I need yo apply first or can he (24) apply independently? I know there is a new draft law which would mean a B1 language proficiency for both of us, if passed. In any case just reaching out and thank you for all the information on your website.
Ciao
Hello, Jessie! I wish safe and plasant travels to Italy in August. Your information is correct. But you may want to consider the recent court decision in Italy that may prevent you from getting citizenship because your father was very young when his father naturalized as a citizen of the USA and lost his Italian citizenship. You’re welcome to read the article I recently wrote about this: How Ancestors’ Naturalization Affects Your Italian Citizenship
To reply to your question, if you are eligible for Italian citizenship by lineage and your son is an adult, he can apply independently from you.
Hi Lara,
I have quite a complicated case. My wife’s mother was an Italian citizen (born in Italy in 1933 to Italian parents etc). She naturalised in UK in 1960 with one child born before that data=e and three children after. One of the three is my wife born in 1961.
The mother required Italian citizenship in 1994 and went back to live in Italy in 2001 – where she remained until she died in January 2024.
My wife obtained a family motive permesso to care for her mother and is now resident in Italy (since 12/2022). But the permesso will expire in 11/2024. There is now no route to family motive (as I understand). My wife will inherit a share of her mother’s Italian property and would like to remain in Italy for 3 years to qualify for citizenship by residence (after 12/2025). But what type of reason can she give at the renewal of the permesso in 11/2024? I’d really appreciate some assistance on this!
Hello, Martin! That’s a bit of a complicated picture, but can be clarified this way: It seems that the children born from the Italian mother after she naturalized in the UK (if she actively renounced the Italian citizenship in the process), are not eligible for Italian citizenship. That is because the mother lost Italian citizenship by getting UK citizenship. However, recent court decisions in Italy put all children on the same footing and declared that even those born before their parent naturalized abroad lost the Italian citizenship. You may check my recent article about this issue.
Now the Italian mother has passed (my condolences!). Your wife my swap her expiring permission to stay with one for other reasons, like for work, business, study, or for elective residence. I recommend checking the requirements with any public office for immigration services (Patronati at local trade unions).
Your wife may also become eligible for Italian citizenship if the Bills currently in the Parliament will pass. You may follow the news in my recent article New Law: Your Second Chance at Italian Citizenship