Thought you missed your chance to get Italian citizenship through your family history? It’s time for a second look. Right now, Italy is considering a new law that could make it easier for people with Italian roots to become citizens without having to move and reside in Italy. This is about reclaiming your identity as Italian-born national while respecting your life as you built it over many years in your country.
What is this about?
Proposals number 919 includes a provision which opens window a provision in Article 1 for opening a 4-year window of opportunity to submit applications for Italian citizenship. This allows individuals who lost their Italian citizenship before 1992 through naturalization to obtain it once again without moving to Italy. The discussion on this law started in the Italian Parliament in January 2024, and it’s expected to wrap up in a few months.
Source: Bill no. 919 presented in October 2023 by Senator Francesca La Marca
Moreover, there is an an even more exciting development for those seeking Italian citizenship. Bill no. 295, currently under discussion in the Italian Parliament, could open new doors for the children of Italian-born parents who lost their citizenship by becoming citizens of other countries before 1992.
This bill proposes that children of citizen fathrs or mothers who lost their Italian citizenship due to work abroad, even if born before January 1, 1948, can now reclaim their citizenship. To do so, applicants must submit a declaration to the mayor of their municipality of residence (if they reside in Italy) or the appropriate consular authority (if they reside abroad), along with suitable documentation proving their descent. This change could significantly broaden the scope for many seeking to reconnect with their Italian heritage.
Source: Bill no. 295 presented in November 2022 by Senator Francesca La Marca
For those who lost Italian citizenship:
Italian-born citizens who moved abroad and voluntarily acquired citizenship of another country before 1992 lost their Italian citizenship. They and their children born after are regarded as foreigners by Italy, despite speaking Italian and having Italian families. Since 1992, only the parents who were born in Italy have been able to reclaim Italian citizenship, but only if they return to live in Italy.
The new bills propose significant changes: the former Italian citizens (the parents) could regain their citizenship without needing to leave their lives in their current countries Bill no. 919). They must, however, submit their application within a 4-year window.
For the children of former Italian citizens:
Moreover, Bill no. 295 currently under discussion in the Italian Parliament, proposes that children of citizen fathers or mothers who lost their Italian citizenship due to work abroad, even if born before January 1, 1948, can now reclaim their citizenship.
How? They must submit a declaration to the mayor of their municipality of residence or the appropriate consular authority, along with suitable documentation proving their descent and how their parents obtained the citizenship of the country of residence.
This change could significantly broaden the scope for many seeking to reconnect with children’s Italian heritage at any age.
Who Does This Draft Law Affect?
According to the proposer, the former draft law – no. 919 – aims to address specific situations: it caters to Italian-born individuals who moved abroad and had to forfeit their Italian citizenship to fully integrate into their new country of residence. This is especially noteworthy as they would now have the opportunity to reacquire it without the need to move to Italy.
For instance, consider a man named Mario, who moved to the U.S. in 1965 for better job prospects and became an American citizen in 1971, renouncing his Italian citizenship in the process. Now he could have a chance to reclaim it through this new draft law. The same applies to women.
The latter proposal – Bill no. 295 – aims to help children of Italian-born parents who lost their Italian citizenship by becoming citizens of other countries before 1992. This bill is especially important for those whose parents lost their citizenship because they moved abroad for work, even if these children were born before January 1, 1948.
For instance, consider Josephine, the daughter of Mario, who was born in 1972 in the U.S. Because her father became an American citizen in 1971 and lost his Italian citizenship, she is currently not eligible to obtain an Italian passport. However, if Bill no. 295 will be approved by the Italian Parliament, she will be eligible again. She will have the possibility to submit an application at the local Italian Consulate and get dual Italian citizenship.
What If This Bills Are not Approved?
Under the current Italian law, the Italian-born citizens who moved abroad and forfeited their Italian citizenship by naturalizing in another country (like Mario in the U.S.A.) can get their Italian citizenship back, but they have to move to Italy. They can either
- Move to Italy and become Italian citizens automatically after 1 year of registered residence in any Italian municipality, OR
- Make a formal statement at the local Italian Consulate and move to Italy within 1 year time
This procedures are set by Article 13 of the Italian Nationality Act in force at present (see Section 1 under C and D).
Moreover, the children of parents (or grandparents) who were born in Italy and lost the Italian citizenship have an option to acquire Italian citizenship if they move to Italy and live there for 3 years.
This opportunity offers a more favorable condition compared to the standard 10-year residency usually required for obtaining Italian citizenship. It’s a special consideration for descendants of Italian-born citizens, as outlined in Article 9 of the Italian Nationality Act.
Practical Aspects for Potential Applicants
If you are one of those affected by the constraints of past legislation, this reopened window presents a meaningful opportunity.
As a child of a former Italian citizen – being it a mother or father – you can get Italian citizenship if you declare to the Italian Consulate that you want it.
Once they accept your declaration, you will be regarded as an Italian citizen from the date of such declaration. As a consequence, if you had children before that date, they are not Italian citizens and can get citizenship only by residing in Italy for 3 years (Article 9 §1a of the Italian National Act currently in force). If you are married, your spouse will be able to apply for citizenship only after three years (or 1 year and a half, if you have children, Article 5 of the Italian National Act).
What Lies Ahead
It’s crucial to remember that these are still draft laws and not yet in force. However, their alignment with contemporary needs and the the fact that they are currently under discussion in the Italian Parliament make them worth watching closely. If enacted, they will mark significant steps in updating Italian citizenship laws, potentially benefiting a wide array of individuals who have been affected by previous legislative limitations.
You’re welcome to read my guide here and follow the progress of the discussions in the Italian Parliament on the amendments to citizenship laws: Italian Citizenship Law: Follow Ancestry Bill Updates
Do you want to know more?
Follow me for updates to keep abreast of any progress of the discussion and changes in Italian citizenship laws.
Hi Lara,
I was actually born in Italy and lost my citizenship when I became an Australia Citizen.
They have been insisting that I need to go back to Italy and obtain residency before I can regain my Italian citizenship.
As you can imagine, I am really keen to see this new law happen as it would solve my problem.
Please keep me updated on progress.
Thanks
Ezio
Of course! I’ve signed you up for updates. Thanks for your interest! You may also check the status of this law process from the official website of the Italian Senate at this page.
You may also follow me for daily updates on Instagram here
Hello Lara,
Thank you for your post! In the example you provided, Mario (emigrated to the U.S. in 1965 and naturalized in 1971), and any children he had prior to his naturalization in 1971, would be able to reclaim Italian citizenship.
Does this apply to women as well? And does it apply to minor children who (according to recent court decisions in Italy) automatically lost their Italian citizenship when their parent(s) naturalized?
I am in that situation: My mother (born before 1948) was 9 years old when her mother naturalized as a U.S. citizen. According to recent decisions by the Italian Corte di Casszione, my mother automatically lost her citizenship at the point when her mother naturalized. In addition, both my mother and grandmother are deceased. Would this proposed law open an avenue for me to claim citizenship through my mother (and grandmother)? Or does this only apply if the person who naturalized is still alive?
Thank you in advance for your help!
Yes. Bill no. 295 applies to women as well. Moreover, it means to override the past laws that, according to the recent court decisions in Italy, prevent the descendants of naturalized Italian emigrants to obtain citizenship. Beware that the Bill applies only to the former Italian citizens and to their children. It doesn’t apply to grandchildren or to further generations. And yes: the children of former Italian citizens can apply even if their parents are deceased.
I know this law in its current form (which could change before passage — if it passes) opens a 4-year window for anyone (such as my father) who naturalized before my birth (and well before 1992) to reacquire his Italian citizenship. But I have 2 questions:
1) My father is deceased and, therefore, he cannot request reacquisition of his Italian citizenship. Can I do that on his behalf, as his descendant?
2) Would that also mean that I was born an Italian citizen, or would this not affect my case at all?
Thank you in advance for your help!
Hello, Nick! Thanks for your questions. If these bills pass, you will not be able to apply for citizenship on behalf of your father, on his behalf. You are not regarded as an Italian citizen from your birth because your father renounced the Italian citizenship before you were born and thus, technically, you were born from a non-Italian citizen. However, if Bill 295 will pass, you can get Italian citizenship if you declare that you want it and it will take effect from the date of such declaration. As a result, if you had children before that date, they are not regarded as Italian citizens and can get citizenship only by residing in Italy for 3 years. If you are married, your spouse will be able to apply for citizenship only after three years (or 1 year and a half, if you have children).
What happens to people who have applications with family already being processed in the Italian courts in Italy for Italian dual citizenship by decent? Working with attorney’s, will this not apply or do you think it affects young kids being submitted with the adult applicants too?
Great question! It inspired me to write this article and I dedicate it to you, Anne, with thanks. Please find it here: The Future of Italian Dual Citizenship: What Applicants Need to Know
Hi Laura,
Will this new law potentially include the descendants of Trentini ancestors who left Italy in the 1860’s ?
Rosanna
Unfortunately not. That is an aspect that this new bill does not include. The descendants of emigrants from Trentino and other Italian disputed territories during WW1 had a chance to apply for Italian citizenship until 20 December 2010. That window of opportunity is now closed. In 2021 the Italian Supreme Court ruled out the possibility to apply for citizenship after that date. Some bills proposed to re-open the deadline in the past legslatures, but were not approved by the Parliament.
Where can I follow Bill 295? I can only find 919. Would Italian grandparents be included under 295? Or just parents?
Thanks for your comment, Colin! I have added the link above in the body of the article so that you can look at the text of Bill 295 and track the progress of the discussion. I have also written a new article to tack the process of changing the Italian citizenship law in the Parliament: “Italian Citizenship Law: Follow Ancestry Bill Updates“