Ministry’s First Operational Instructions on Converted Tajani Citizenship Law

Following the publication in the Official Gazette (No. 118 of May 23, 2025) of Law No. 74 of May 23, 2025, which converted, with significant amendments, Decree-Law No. 36 of March 28, 2025 (the “Tajani Decree”), the Ministry of the Interior – Department for Civil Liberties and Immigration – has issued a crucial Circolare May 28th (Circular, Protocol 0026185 of May 28, 2025, UPG) providing “First operational instructions.” This circular is vital for understanding how Municipal Civil Status Officers are to interpret and apply the new and complex provisions, particularly the new Article 3-bis of Law 91/1992.

The Circular issued on May 28th 2025 confirms one of the most profound changes ever introduced in Italian citizenship legislation: minor children of Italian citizens born abroad no longer automatically acquire Italian citizenship by right of blood (iure sanguinis) and become subject to a formal procedure of granting it by benefit of law, subject to an explicit declaration of will, the presentation of documents and compliance with requirements such as continuous residence and precise legal deadlines. This new interpretation, now made official, marks a historic break with the principle that has sustained the legal link between the Italian discendents and Italy for generations.

The reform, as also highlighted by the Dossier from the Research Service of the Chamber and Senate (A.S. No. 1432-A), aims to limit the automatic transmission of citizenship jure sanguinis while also introducing tempering norms. Let’s analyze the all key aspects of this Circolare May 28th.

For a detailed analysis of the law as approved by the Senate, including a full translation of the bill, please see our previous article here. The final version is now Law 74/2025.

Key Points from the Circolare May 28th, 2025

The circular is divided into several sections, offering detailed operational guidance. Here are the most significant points:

1. Provisions for Those Born Abroad (Art. 3-bis, Law 91/1992)

The Circolare May 28th reaffirms that the new Article 3-bis, comma 1, introduces a preclusion to the automatic acquisition of citizenship for individuals born abroad, even before the law’s entry into force, who also hold another citizenship. This derogates from previous automatic acquisition mechanisms (jure sanguinis, adoption as a minor, marriage of a foreign woman to an Italian citizen before April 27, 1983, iuris communicatione for cohabiting minor children).

However, Italian citizenship can still be acquired if at least one of the following exceptional conditions is met:

1. Lett. a): Administrative recognition of the applicant’s (not ascendants’) Italian citizenship based on an application with necessary documentation, submitted by 11:59 PM on March 27, 2025. The recognition itself can occur later.
2. Lett. a-bis): Administrative recognition as above, but the application was submitted on the day of an appointment communicated by the competent municipal office by 11:59 PM on March 27, 2025. The recognition is governed by the rules applicable up to March 27, 2025. The circular specifies that Civil Status Officers must mention these conditions in the recognition decree, noting details like the protocol and date of the application or appointment communication. “Necessary documentation” means proof of the applicant’s citizenship and its derivation from the Italian ancestor. Only formal deficiencies (e.g., inaccurate translations, missing non-critical civil status acts) can be integrated. The provisions of Circular K28.1 of 1991 continue to apply. This also covers minor children for whom, by March 27, 2025, an application for birth certificate transcription was made by the previously recognized Italian parent.
3. Lett. b): Judicial recognition of the applicant’s Italian citizenship based on a judicial application filed by 11:59 PM on March 27, 2025. The court’s decision is to be acknowledged.
4. Lett. c): A parent (including adoptive) or a grandparent possesses – or possessed at the time of death – exclusively Italian citizenship.The Circolare May 28th clarifies this requirement must exist at the date of the event giving rise to acquisition (e.g., applicant’s birth for jure sanguinis). If a parent/grandparent was exclusively Italian at the applicant’s birth, the exception applies. If the ascendant died before, their status at death is checked.Existing transmission mechanisms remain valid; the line of transmission must be intact.The applicant bears the burden of proof for this exclusivity. Civil Status Officers can request negative certificates of other citizenships, attestations of non-renunciation, non-registration on foreign electoral rolls, etc. (if in a foreign language, translated and legalized). Simple self-declarations by the party are not sufficient; they may only be requested preliminarily to initiate investigations.
5. Lett. d): A citizen parent or adopter was resident in Italy for at least two consecutive years after acquiring Italian citizenship and before the child’s date of birth or adoption.Residency must be proven by a historical residence certificate. If missing, an integration will be requested.The circular stresses that residency must be continuous and accrued after the parent/adopter acquired citizenship and before the child’s birth/adoption. For example, if claiming through a naturalized Italian parent, that parent must have resided in Italy for at least two years post-naturalization and before the applicant’s birth.

Importantly, the circular clarifies that Art. 3-bis does not create an autonomous transmission mechanism. Those meeting the exceptions will have their citizenship recognized based on pre-existing transmission mechanisms. If the line was broken under prior principles, Art. 3-bis conditions do not heal that break.

2. Citizenship Acquisition by Benefit of Law (Art. 4 Law 91/1992, as amended)

The Circolare May 28th provides instructions on the new commas 1-bis and 1-ter of Art. 4, Law 91/1992, introduced by Law 74/2025.

2.1. By an adult (Art. 4, c. 1, alinea and lett. c)):

A foreigner/stateless person whose parent or second-degree ascendant is/was a citizen by birth, becomes a citizen if, upon reaching majority, they have legally resided in Italy for at least two years and declare their intent to acquire it within one year. (This reflects the reduction in residency from 3 to 2 years for this category, further discussed in analyses of Law 91/1992 changes).

2.2. By a foreign or stateless minor (New Art. 4, commas 1-bis and 1-ter):

A minor, descended from a parent who acquired Italian citizenship by birth (thus excluding parents naturalized or citizens by benefit of law/marriage/iuris communicatione), can become a citizen if both parents (or guardian) declare this intent AND one of the following occurs:

1. lett. a): After the declaration, the minor resides legally and continuously for at least two years in Italy (historical residence certificate required).
2. lett. b): The declaration is submitted within one year of the minor’s birth or from the date filiation (including adoptive) with an Italian citizen is established. If filiation is recognized at different times by both Italian-by-birth parents, the one-year term starts from the first recognition. If the first recognition is by a foreign parent (or Italian not by birth), the term starts from the recognition by the second, Italian-by-birth parent. If only one parent, documentary proof is needed.

A minor who becomes a citizen this way can renounce it upon majority if they hold another citizenship (it’s a faculty, not an obligation).

Transitional Rule (Art. 1, c. 1-ter of Law 74/2025): For minors as of May 24, 2025 (the conversion law’s entry into force), who are children of citizens by birth under Art. 3-bis, letters a), a-bis), or b), the declaration of intent under Art. 4, c. 1-bis, lett. b) can be submitted by 11:59 PM on May 31, 2026. If the minor reaches majority during this period, they must submit the declaration themselves by this deadline.

These acquisitions under Art. 4 are subject to a €250 fee (Art. 9-bis L.91/1992) per minor.

The circular specifies that in these “benefit of law” acquisitions, the minor acquires citizenship not from birth (jure sanguinis), but from the day after the conditions are met.

3. Granting Citizenship to Foreigners Descended from Italian Citizens (Art. 9 Law 91/1992, as amended)

The Circolare May 28th notes that Art. 9, as amended by Art. 1-bis, comma 2 of Law 74/2025, reduces from three to two years the period of legal residence in Italy for a foreigner whose parent or second-degree ascendant is or was a citizen by birth. The three-year period remains for foreigners born in Italy (who do not use Art. 4, c. 2).

4. Biennial Residency Requirement for Minor Children of Those Acquiring/Reacquiring Italian Citizenship (Art. 14 Law 91/1992, as amended)

Art. 1, comma 1-quater of Law 74/2025 amended Art. 14, limiting the automatic acquisition of citizenship by a cohabiting minor child. Now, the child must have been legally resident in Italy for at least two continuous years at the time the parent acquires/reacquires Italian citizenship (or since birth if under two years old).

If the parent’s acquisition/reacquisition occurred by May 23, 2025, the previous rules apply (automatic acquisition through cohabitation).

If it occurs from May 24, 2025, the new two-year residency rule for the child applies. Cohabitation at the time of the parent’s citizenship acquisition must still be verified.

5. Reacquisition of Citizenship for Former Citizens (Art. 17 Law 91/1992, as amended)

Art. 1-ter of Law 74/2025 reformulated Art. 17, reopening terms for reacquisition for former citizens:

• Born in Italy, or resident in Italy for at least two continuous years;
• Who lost citizenship no later than August 15, 1992 (day before L.91/92 came into force);
• Under Art. 8, no. 1 & 2, or Art. 12 of the 1912 Law (foreign naturalization, renunciation after involuntary foreign acquisition, minor children of a parent who lost citizenship).

This does not apply to those who renounced or lost citizenship for other reasons from August 16, 1992. Declarations for reacquisition can be submitted between July 1, 2025, and December 31, 2027. These must be formal, in-person declarations and transcribed in citizenship registers.

Final Considerations

This Circolare May 28th from the Ministry of Interior provides essential clarifications but underscores the increased complexity of the new citizenship framework. The strong emphasis on rigorous documentary proof, especially for the “exclusively Italian citizenship” condition (Art. 3-bis, lett. c), and the precise deadlines for transitional rules will demand careful attention from applicants and practitioners. More news and updates will follow as these rules are applied.

It’s clear the legislator, as interpreted by the Ministry, intends to curb jure sanguinis citizenship for remote descents lacking a current, verifiable tie to Italy, while offering some (limited) safety valves and pathways for reacquisition or facilitated acquisition for specific categories. The situation remains dynamic, and practical application and any ensuing case law will be crucial to monitor.

Frequently Asked Questions: Circolare May 28th on Citizenship Law

What does the new Ministry of Interior’s Circolare May 28th on citizenship establish?

The Ministry of Interior’s Circolare May 28th, 2025, provides the initial operational guidelines to Civil Status Officers for applying Law No. 74 of May 23, 2025. This law converted, with amendments, Decree-Law No. 36/2025 (the Tajani Decree). The Circolare clarifies the application of the new Article 3-bis of Law 91/1992 for individuals born abroad holding another citizenship, detailing the exception conditions (letters a, a-bis, b, c, d), procedures for acquiring citizenship by ‘benefit of law’ for minors and adults, and the reacquisition process for former citizens.

How does the Circolare May 28th interpret Article 3-bis for those born abroad?

The Circolare May 28th confirms that Article 3-bis establishes a preclusion to the automatic acquisition of citizenship for those born abroad who possess another citizenship. However, it outlines exception conditions allowing acquisition: administrative or judicial recognition by March 27, 2025 (letters a, a-bis, b); a parent or grandparent possessing/having possessed exclusively Italian citizenship (letter c); a parent residing in Italy for two years after acquiring their own Italian citizenship and before the child’s birth (letter d). The Circolare emphasizes these exceptions operate within existing transmission mechanisms, not creating new autonomous ones. You can read more about the original Decree 36 Tajani Italian citizenship rules.

What’s new for minor children of Italian citizens born abroad according to the Circolare May 28th?

The Circolare May 28th details the application of the new commas 1-bis and 1-ter of Article 4, Law 91/1992. Minor children of parents who are Italian citizens by birth (thus excluding parents naturalized or citizens by benefit of law/marriage/iuris communicatione) can acquire citizenship ‘by benefit of law’ if parents declare this intent and the minor legally resides in Italy for 2 years, or if the declaration is made within one year of birth/filiation. A transitional rule allows minors (as of May 24, 2025) whose parents qualified under Art. 3-bis saving clauses to have this declaration submitted by May 31, 2026. For more on minor issues, see our explanation of the Italian citizenship and minor issue.

What does the Circolare May 28th say about the ‘exclusively Italian citizenship’ condition (Art. 3-bis, lett. c)?

The Ministry of Interior’s Circolare May 28th explains that for letter c) of Art. 3-bis, the ‘exclusively Italian citizenship’ requirement for the parent or grandparent must exist at the time of the applicant’s birth (for jure sanguinis recognition) or at the time of the ascendant’s death if earlier. The applicant must prove this, and Civil Status Officers can request negative citizenship certificates from other countries or other relevant documents. Simple self-declarations are not sufficient.

Does the Circolare May 28th affect the terms for reacquisition by former citizens?

Yes, the Circolare May 28th confirms that Article 1-ter of the converted decree (amending Art. 17 of Law 91/1992) has reopened the terms for citizenship reacquisition for specific former citizens. This applies to those born in Italy or resident for at least two continuous years who lost citizenship before August 16, 1992, under certain provisions of the 1912 Law. Declarations can be submitted between July 1, 2025, and December 31, 2027.

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Circolare Full Text (Italian PDF)

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Full English Translation of the Circolare

Ministry of the Interior

DEPARTMENT FOR CIVIL LIBERTIES AND IMMIGRATION

CENTRAL DIRECTORATE FOR CIVIL RIGHTS, CITIZENSHIP AND MINORITIES

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INTERNAL FORM 314

MOD. 4 P.S.C.

To the PREFECTS

To the GOVERNMENT COMMISSIONER
FOR THE AUTONOMOUS PROVINCE OF

To the GOVERNMENT COMMISSIONER
FOR THE AUTONOMOUS PROVINCE OF

To the PRESIDENT OF THE AUTONOMOUS REGION OF VALLE D’AOSTA

and, for information,

To the MINISTRY OF FOREIGN AFFAIRS
AND INTERNATIONAL COOPERATION

To the DEPARTMENT FOR INTERNAL
AND TERRITORIAL AFFAIRS
Central Directorate for Demographic Services

Rome, date of protocol

THEIR RESPECTIVE OFFICES

TRENTO

BOLZANO

AOSTA

ROME

OFFICE

SUBJECT: Law May 23, 2025, n. 74, converting, with modifications, decree-law March 28, 2025, n. 36, concerning “Urgent provisions on citizenship”. First operational instructions.

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Following the circular of this Central Directorate n. 17680 of April 1, 2025, it is hereby informed that Law May 23, 2025, n. 74, converting, with numerous modifications, decree-law March 28, 2025, n. 36, concerning “Urgent provisions on citizenship”, was published in the Official Gazette-General Series n. 118 of May 23, 2025.

In this regard, it should be noted that the reform, of particular complexity and delicacy, has, on the one hand, placed limits on the automatic transmission of citizenship jure sanguinis and, on the other, introduced norms to temper the new limits, also by reopening terms for reacquisition.

It is necessary, within the competence of this Central Directorate, to transmit the first operational indications to the Civil Status Officers of the Municipalities in this matter.

1. PROVISIONS REGARDING CITIZENSHIP FOR THOSE BORN ABROAD

The new art. 3-bis, comma 1, of law n. 91/1992 establishes a preclusion to the automatic acquisition of citizenship: a person born abroad, even before the entry into force of the provision in question, and who is in possession of another citizenship, shall be considered never to have acquired Italian citizenship, in derogation of the cases of automatic acquisition of citizenship reported below:

1. citizenship jure sanguinis, including the recognition and judicial declaration of filiation (articles 1 and 2 law n. 91/1992, article 5 law n. 123/1983, articles 1 and 2 law n. 555/1912, articles 4, 5, 7 and 8 of the civil code of 1865);
2. citizenship by adoption during minority (article 3 law n. 91/1992, article 5 law n. 123/1983);
3. citizenship by marriage of a foreign woman to an Italian citizen before April 27, 1983 (article 10, second comma, law n. 555/1912; article 9 of the civil code of 1865);
4. citizenship iuris communicatione, i.e., essentially by transmission to cohabiting minor children (article 14 law n. 91/1992; article 12, first comma, law n. 555/1912).

The new provision allows, however, even those born abroad and in possession of another citizenship to obtain Italian citizenship if one of the conditions provided therein is met.

It must be specified that article 3-bis does not introduce an autonomous mechanism for the transmission of citizenship: those who fall under one of the conditions referred to in letters a), a-bis), b), c) and d) of art. 3-bis, comma 1, will see their possession of Italian citizenship recognized on the basis of the already existing mechanisms for its transmission. Likewise, if the line of transmission has been interrupted due to existing principles, the existence of the conditions under art. 3-bis does not serve to remedy a prior interruption.

A person born abroad and in possession of another citizenship may, therefore, acquire Italian citizenship in the presence of even only one of the following conditions:

• lett. a): the Italian citizenship of the interested party (not of the ascendants) is recognized administratively on the basis of an application, accompanied by the necessary documentation, submitted by 11:59 PM on March 27, 2025. The application must have been submitted by said deadline, while the recognition may also occur subsequently, being in any case governed by the legislation applicable up to March 27, 2025;
• lett. a-bis): the Italian citizenship of the interested party (not of the ascendants) is recognized administratively on the basis of an application, accompanied by the necessary documentation, submitted on the day indicated by an appointment communicated to the interested party by the competent municipal office by 11:59 PM on March 27, 2025. For this purpose, it is necessary that the appointment was set by the aforementioned office and communicated to the interested party by the said deadline. Also in this case, the recognition is governed by the legislation applicable up to March 27, 2025.

In both hypotheses a) and a-bis), the Civil Status Officers must mention in the act of recognition of possession of citizenship the occurrence of the indicated conditions, also giving an account of the methods of ascertainment (e.g., protocol reporting the date and time of submission of the application, date and time of communication to the interested party of the appointment).

It is specified that by “necessary documentation” it is meant the documentation aimed at demonstrating the possession of citizenship by the applicant and, therefore, at ascertaining the derivation of citizenship from the Italian citizen ascendant.

Only the integration of formal deficiencies that are in any case remedied before the final determination may be permitted (e.g., lack or imprecision of a translation; lack of a civil status act relating to events that do not directly determine consequences on citizenship).

Therefore, the provisions contained in circular K28.1 of April 8, 1991, may continue to apply.

It is added, moreover, that the hypothesis of a minor child in relation to whom, as of March 27, 2025, an application for transcription of the birth certificate has been made by the Italian citizen parent previously recognized as such, falls within the scope of the conditions referred to in letters a) and a-bis);

• lett. b): the Italian citizenship of the interested party (not of the ascendants) is recognized judicially on the basis of a judicial application submitted by 11:59 PM on March 27, 2025. In these cases, one must simply take note of the operative part of the judgment, omitting investigations into the reasons on the basis of which citizenship was recognized.

(See more extensively below point 2.3. for minor children of citizens by birth referred to in letters a), a-bis) and b), of art. 3-bis, comma 1);

• lett. c): a parent (including adoptive) or a grandparent possesses – or possessed at the time of death – exclusively Italian citizenship. The date on which this requirement must exist is the date of the event giving rise to the acquisition of citizenship. For example, if the recognition of citizenship jure sanguinis is requested, the situation at the date of birth of the interested party will be considered: if on that date a parent or grandparent exclusively holds Italian citizenship, the exception referred to in letter c) applies; if a parent or grandparent died before the birth of the interested party, it must be verified whether at the time of death they were exclusively Italian.

It must be specified that, the operativity of the already existing mechanisms for the transmission of citizenship remaining firm, this condition under letter c) will always operate provided that the line of transmission of Italian citizenship has remained intact.

It is, obviously, the applicant’s responsibility to demonstrate that one of the parents or grandparents was exclusively an Italian citizen at the time of the applicant’s birth (or, as mentioned, at the time of the ascendant’s death, if it occurred before the applicant’s birth). The evidence provided must be subject to verification, carrying out appropriate official investigations, in order to ascertain that the ascendant identified as the dante causa is not in possession of other citizenships. For example, Civil Status Officers may request negative citizenship certificates, attestations of non-renunciation, of non-registration on electoral lists, and any other useful act or document, if in a foreign language duly translated and legalized.

Mere declarations by the party cannot be considered sufficient (any substitute declarations made pursuant to art. 47 of d.P.R. n. 445 of 2000/notarial acts may only be requested preliminarily by the Civil Status Officer for the purpose of initiating the aforementioned investigations and consequently requesting the necessary documentation);

• lett. d): a citizen parent or adopter was resident in Italy for at least two consecutive years subsequently to the acquisition of Italian citizenship and before the date of birth or adoption of the child.

The residency must be proven by a historical residence certificate issued by the competent municipality. If the proof of residency in Italy of the Italian parent or (adopter) is missing from the office’s records, an integration must be requested from the applicant. Residency in Italy, it is reiterated, must not only be continuous, but must also have been accrued after the acquisition of citizenship by the parent or adopter. Therefore, by way of example, if the interested party born abroad claims citizenship by birth from a parent who acquired citizenship in Italy by naturalization, they must demonstrate that the citizen parent resided continuously in Italy for at least two years after the effective acquisition of citizenship by the parent and before the birth of the interested party.

2. ACQUISITION OF CITIZENSHIP BY BENEFIT OF LAW

2.1. By an adult

Pursuant to art. 4, comma 1, alinea, and lett. c) of law n. 91/1992 – as amended by art. 1, comma 1-bis, of decree-law n. 36/25 converted by law n. 74/25 – the foreigner or stateless person, whose father or mother or one of the ascendants in a direct line of the second degree are or were citizens by birth, becomes a citizen if, upon reaching the age of majority, they legally reside for at least two years in the territory of the Republic and declare, within one year of reaching it, that they wish to acquire citizenship.

2.2. By a foreign or stateless minor

Article 4 of law n. 91/92 was then supplemented with commas 1-bis and 1-ter, on the basis of which minor children born abroad to a citizen parent who does not automatically transmit citizenship can acquire Italian citizenship ‘by benefit of law’.

It should be noted that, in such cases, the minor will acquire citizenship not from birth or jure sanguinis, but from the day following that on which the conditions provided for by law have been met.

In particular, the new comma 1-bis of article 4 provides that a foreign or stateless minor, descended from a father or mother who acquired Italian citizenship by birth, may become an Italian citizen if the conditions provided therein are met.

Firstly, it is necessary to carefully verify by what title the parent is a citizen, ascertaining that they are effectively a citizen by birth; cases of citizens by naturalization pursuant to article 9 of law n. 91/1992, or “by benefit of law” pursuant to article 4 of law n. 91/1992, or by marriage, or iuris communicatione, are therefore excluded.

Secondly, both parents or the guardian must submit a declaration of will to acquire the status of Italian citizen for the minor child; furthermore, at least one of the following circumstances must occur:

• lettera a): subsequently to the declaration of will, the minor must reside legally and continuously for at least two years in Italy. In this case, a historical residence certificate proving the legal requirement must be acquired;
• lettera b): the declaration of will must be submitted within one year of the minor’s birth or from the date on which the filiation relationship of the minor, including adoptive, with an Italian citizen is established. In the case of recognition of filiation at different times by parents both Italian citizens by birth, the one-year term will run from the first recognition. If, instead, recognition by a foreign parent (or an Italian citizen not by birth but by other title) occurs first, the one-year term will be calculated starting from the recognition by the second citizen parent by birth. If filiation (including adoptive) is established with respect to only one person (or if the other parent is deceased), the declaration of the sole parent will be sufficient: it is necessary to acquire, however, documentary proof of this circumstance.

If the parents do not make the declaration jointly, the legal requirement is considered satisfied on the date the declaration of the second parent is submitted. (In relation to the payment of the contribution of €250.00, see point 2.3).

This special discipline is supplemented by the provision of the new comma 1-ter of art. 4, establishing that a foreign or stateless minor, who has become an Italian citizen pursuant to comma 1-bis, has the faculty, starting from reaching the age of majority, to renounce Italian citizenship if in possession of the citizenship of another State.

This is, in fact, a citizenship acquired by the will of the parent or guardian, and the law allows for its renunciation at any time provided that a situation of statelessness is not produced. It should be understood that this is by no means an obligation to opt for Italian citizenship, but merely a faculty of the interested party to renounce Italian citizenship.

2.3. Citizenship by benefit of law in favor of minor children of Italian citizens born abroad referred to in letters a), a-bis) and b) of article 3-bis.

Art. 1, comma 1-ter, of decree-law n. 36/25, as converted by law n. 74/25, introduced a transitional norm that refers to the minor at the date of entry into force (May 24, 2025) of the said conversion law, who is the child of citizens by birth pursuant to letters a), a-bis) or b) of article 3-bis of law n. 91/1992.

The provision in question establishes, for the aforementioned category of minors, that the declaration of will referred to in comma 1-bis, letter b), of article 4 may be submitted by 11:59 PM on May 31, 2026.

In the event that, between the date of entry into force of the conversion law and May 31, 2026, the minor should reach the age of majority, the declaration must be submitted directly by the interested party within the same deadline.

It is specified that the hypotheses of acquisition provided for by art. 4 (and, therefore, also that referred to in point 2.2.) occur following a “declaration” and, therefore, are subject, on the basis of art. 9 bis of L. n. 91/1992, to the payment of the contribution in favor of the Ministry of the Interior of €250.00. The contribution is due for each minor: whether the parents submit the declaration jointly or separately, the sum due is still €250 (in the case of separate declaration, the contribution must be paid by the time of the second declaration, as only with the latter is the legal prerequisite met).

3. GRANTING OF ITALIAN CITIZENSHIP TO FOREIGNERS DESCENDED FROM ITALIAN CITIZENS

Pursuant to art. 9 of law n. 91/1992, as amended by art. 1-bis, comma 2, of decree-law n. 36/25, converted by law n. 74/2025, for the foreigner whose parent or ascendant in a direct line of the second degree is or was a citizen by birth, the period of legal residence in Italy is reduced from three to two years.

The three-year period of residence required for foreigners born in Italy remains, however, without prejudice – in the event that the interested party cannot avail themselves of the acquisition under art. 4, comma 2, of law n. 91/1992 – to the fact that any application for granting must in any case be formulated upon reaching the age of majority, as must all other hypotheses of “naturalization” under art. 9, comma 1, of law n. 91/1992.

4. BIENNIAL RESIDENCY REQUIREMENT FOR MINOR CHILDREN OF THOSE WHO ACQUIRE OR REACQUIRE ITALIAN CITIZENSHIP

Art. 1, comma 1-quater, of decree-law n. 36/25, as converted by law n. 74/2025, has limited the scope of application of art. 14 of law n. 91/1992, expressly providing (with the insertion of the second period of comma 1 of said article) that, for the acquisition of citizenship through this modality, the child must have been legally resident in Italy for at least two continuous years at the time of the acquisition or reacquisition of Italian citizenship by the parent; if the child is under two years of age, they must have been resident in Italy since birth.

Civil Status Officers will therefore adhere to the following indications:

1. if the acquisition or reacquisition of citizenship by the parent occurred by May 23, 2025, the previous discipline will apply;
2. if the acquisition or reacquisition of citizenship by the parent occurs from May 24, 2025 (date of entry into force of the conversion law in question), the cohabiting child of the parent who acquires or reacquires Italian citizenship must have been resident in Italy for at least two years prior to the parent’s naturalization (or if under two years of age, must have been continuously resident in our country since birth). In any case, the requirement of cohabitation with the child must still be ascertained with reference to the date on which the parent acquires citizenship.

5. REACQUISITION OF CITIZENSHIP IN FAVOR OF FORMER CITIZENS

It is finally informed that art. 1-ter, comma 1, lett. b), of decree-law n. 36/25 as converted by law n. 74/2025, in reformulating art. 17 of law n. 91/1992 has reopened the terms for the reacquisition of citizenship in favor of former citizens born in Italy, or who were resident in Italy for at least two continuous years, who lost their citizenship no later than August 15, 1992 (the day before the entry into force of law n. 91/1992) in application of article 8, n. 1 and n. 2, or of article 12 of law n. 555 of 1912 (naturalization in a foreign country, renunciation of citizenship following involuntary acquisition of foreign citizenship, minor children cohabiting with a parent who lost citizenship).

The possibility of reacquisition does not apply to those who renounced Italian citizenship (or who lost it for other reasons) starting from August 16, 1992.

Declarations of reacquisition may be submitted between July 1, 2025, and December 31, 2027.

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It is specified, finally, that the declarations of will to acquire citizenship referred to in point 2 and the declaration of reacquisition referred to in point 5 must be formal and take place in person, in the presence of a delegate for the exercise of civil status functions.

Such declarations, constituting acts of citizenship, must be recorded in the citizenship register pursuant to art. 23 of d.P.R. n. 396/2000.

The consequent ascertainment of the existence of the conditions constituting title to the acquisition of Italian citizenship must also be transcribed in the citizenship register.

Your Lordships are invited to kindly represent the above to the Mayors and Civil Status Officers of the Municipalities in the territory, for the purpose of timely fulfillment.

THE CENTRAL DIRECTOR

(signature)