Are you applying for Italian citizenship through your ancestors? Their naturalization status can impact your eligibility. Recent directives from the Italian government have had the effect to close the doors to citizenship. Find out if these changes affect you and learn your best options to get Italian citizenship.
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An ongoing debate
The question of the effects of naturalizaton of Italian ancestors on the citizenship claims of their descendants has been increasigly the topic of discussion in the various sections of the Italian Supreme Court. In a few cases, the judges decided that if an Italian ancestor became a naturalized citizen of another country while their child was under 21, the child lost their right to Italian citizenship (judgements of 15 June, 2023, and 8 January 8, 2024). More recently, on 27 August 2024 the same section of the Supreme Court argued that the matter is still open to interpretation and would need further discussion, adjourning it for later decision. So the discussion is still open in the Italian Supreme Court and we will soon see how this case will close. In any case, whenever there is a conflict of decision among judges of the Italian Supreme Court, their higher instance – the Supreme Court in United Sessions – steps in and takes a decision to settle the matter. So the situation is still far from being clear and settled.
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The Government’s Directive
However, the Italian government seems eager to limit access to Italian citizenship by the descendants of Italians abroad and took the opportunity to refer to the first judgements to urge Consulates to deny claims for citizenship by the descendants whose Italian ancestor lost citizenship while their American born children were still of minor age.
The Italian Ministry of the Interior Circular of October 3rd, 2024 says:
“In line with the guidelines of the aforesaid Court, the circular clarifies, first of all, that an Italian citizen who, under the 1912 law (and earlier, under the Italian Civil Code of 1865), lost Italian citizenship due to the voluntary acquisition of foreign citizenship also simultaneously caused the loss of Italian citizenship for his minor child living with him. This applies even if the child was born in a country, such as the United States, where jus soli (right of the soil) is applied. Consequently, at birth, the child had dual citizenship: Italian by paternal descent under jus sanguinis (right of blood) and foreign based on birthplace under jus soli. In all such cases, therefore, the transmission line of citizenship is considered interrupted, as the minor in question, from the date of the father’s naturalization, no longer has the capacity to transmit this right to his own descendants.”
Growing Concern
Although the Circular is not legally binding outside of the administrative offices, it still has the effect to discourage applicants and reject applications. Understandably, this situation has raised concerns for many people applying for citizenship by descent.
Even more concerning are the news of already recognised Italian citizens who have met objections against their citizenship status, based on the Circular above, when applying or renewing their passports at Italian Consulates. We have information of such cases from the Italian Consulate in Philadelphia (USA) and others. If you encounter such objections, know that, as a registered Italian citizen, you have the right to keep your citizenship and obtain the Italian passport, no matter which new laws or practices are introduced.
You may read more about this issue in my recent article “Can They Take Away Your Italian Citizenship Over the Minor Issue?”
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Example Scenario
Imagine this situation:
- Your great-grandfather left Italy and moved to the USA.
- He had a child in the USA who automatically became a US citizen by birth.
- This child was also an Italian citizen because of their Italian parent (Article 7 of the Citizenship Law no. 555/1912).
- Four years later, your great-grandfather became a US citizen.
- According to Article 12, paragraph 2 of Law 555/1912, the family lost their Italian citizenship when your great-grandfather became a US citizen.
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The Legal Landscape
These Supreme Court decisions are not binding on lower courts, meaning local rulings may still favor applicants. Judges in Italy have discretion to interpret the law independently, as legal precedents are not mandatory. However, the emerging trend in the Supreme Court’s decisions could influence lower court judgments, particularly given the recent surge in citizenship claims.
It is also important to note that the issue remains unresolved at the Supreme Court level. Crucial judgments are still awaited to clarify the impact of ancestral naturalization on the transmission of citizenship to current applicants.
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Practical Advice
If you can claim citizenship through an ancestor who never naturalized or did so when their child was already an adult, your chances are better. Consider these points:
- Minor Age Consideration: Before 1975, a minor was anyone under 21; after 1975, under 18.
- Check Key Dates: Confirm the child’s age when the ancestor naturalized. If the child was 21 or older (or 18 or older after 1975), you are likely eligible for Italian citizenship.
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Bottom Line
For ancestors who became citizens of the US or another country before 1992:
- Check the child’s age at the time of the ancestor’s naturalization.
- Make sure the naturalization date is the actual date of citizenship, not just the application date.
- If the child was under 21 (or under 18 after 1975) at the time, you might have eligibility issues.
- If the child was 21 or older (or 18 or older after 1975), you should be eligible for Italian citizenship.
By understanding these details, you can better navigate your claim for Italian citizenship.
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Your Roadmap to Italian Citizenship
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