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Major Update to Italian Citizenship Law: Jure Sanguinis Now Limited to Grandparents

By

David Cantor

Posted

April 01, 2025

at

07:41 AM

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On March 26, 2025, the Italian Council of Ministers issued an Executive Order, significantly limiting the principle of jure sanguinis —Italian citizenship by descent. This new decree restricts automatic recognition of citizenship to those with an Italian parent or grandparent, officially closing the door to clais based on great-grandparents or more distant ancestors.

You can find the official source for the recent executive order changing the Italian citizenship by descent law here: https://www.governo.it/it/articolo/comunicato-stampa-del-consiglio-dei-ministri-n-121/28079

Why This Is So Important

For over a century, Italian citizenship law recognized the right of descent through an unbroken line—regardless of how many generations had passed—so long as the Italian ancestor had not naturalized elsewhere before passing on their citizenship. For many Americans, this meant eligibility even through great-grandparents or great-great-grandparents.

That’s no longer the case.

The new decree explicitly limits eligibility to just two generations: parent or grandparent. If your last Italian-born ancestor is a great-grandparent, and you haven’t yet filed your application, you may now be ineligible under the revised framework.

A Sign of the Times

This shift reflects a broader trend. As I explored in my February article, “Why Obtaining Italian Citizenship Is Getting More Difficult,” Italy has been moving toward more restrictive interpretations of citizenship law in response to rising application volumes and political pressure. The latest executive order makes that trend official.

What’s Behind the Change?

While the Italian government hasn’t released a detailed explanation, the motivation appears clear: the jure sanguinis system has become overloaded. With hundreds of thousands of applications—many from Italian descendants living abroad—consulates and municipalities have struggled to keep up.

By limiting recognition to grandchildren, the government is likely trying to reduce the administrative burden and refocus citizenship policy on those with a more direct connection to Italy. That said, this shift feels abrupt, and for many, unfair. It disregards the emotional and cultural weight carried by Italian-American families who’ve maintained their identity across generations.

Alternatives If You’re No Longer Eligible

If you were planning to apply for Italian citizenship through a great-grandparent, and this decree affects you, you're not alone. Fortunately, Italy still offers other legal pathways to residency and even eventual citizenship. Here are a few I frequently explore with clients and colleagues:

Elective Residency Visa Best suited for retirees or those with passive income. You’ll need to show stable financial means and long-term accommodation. Learn more about the elective residence visa.

Digital Nomad Visa Italy has passed legislation to welcome remote workers. This visa could be ideal for freelancers or employees of foreign companies. Learn more about the digital nomad and remote work visa for Italy.

Freelance / Startup Visas
If you plan to work independently or launch a business in Italy, self-employment visas under the Partita IVA or the startup visa program could be viable.

Long-Term Residency and Naturalization
While it takes time, it’s possible to become an Italian citizen through residency—typically after 10 years (or 2 years for some descendants). It’s a longer road, but for many, still worth it.

Frequently Asked Questions About Italian Citizenship and Residency (2025 Update)

Can I still apply for Italian citizenship through my great-grandparents?

No. As of March 26, 2025, Italy now limits jure sanguinis (citizenship by descent) to individuals with an Italian parent or grandparent. If your most recent Italian-born ancestor is a great-grandparent or earlier, and you haven’t already submitted your application, you are likely no longer eligible under the updated law.

Does this new rule apply retroactively to pending applications?

The government has not yet clarified whether the new rule will apply retroactively. However, if your application is already in process—especially at a local Italian comune—you may still be evaluated under the previous framework. That said, applications that have not yet been submitted are likely to be subject to the new rules.

I'm a U.S. citizen—what are my options now for moving to Italy?

There are several legal ways for Americans to live in Italy without citizenship, including:

  • Elective Residency Visa (for retirees and passive income earners)
  • Digital Nomad Visa (expected in 2025)
  • Freelance or Startup Visas (for self-employed professionals)
  • Student Visas (for university or language programs)
  • Marriage or family reunification permits
  • Long-term residency and naturalization after 10 years

Each path has its own requirements and timeline, but all are valid options for establishing a life in Italy.

What is the Elective Residency Visa and who qualifies?

The Elective Residency Visa (ERV) is designed for non-EU citizens, like Americans, who have sufficient passive income to support themselves in Italy. This typically includes retirement income, investments, or rental properties. Applicants cannot work while on an ERV and must show proof of housing and health insurance. It's a popular choice for retirees and lifestyle-based immigration goals.

Can I eventually become an Italian citizen if I live there legally?

Yes. If you legally reside in Italy for 10 years, you may become eligible for naturalization as an Italian citizen. This process involves showing continuous residency, integration into Italian life, clean legal records, and language proficiency (typically B1 level or higher in Italian).

I already have dual citizenship—does this change affect me?

No. If you already hold Italian citizenship, your status is not affected by the new decree. However, your descendants may not be able to inherit Italian citizenship unless they fall within the new parent or grandparent requirement.

Is it still worth trying to move to Italy without citizenship?

Absolutely. Italy remains one of the most attractive destinations for Americans looking for lifestyle, cultural depth, affordability, and access to Europe. While jure sanguinis is now more limited, many Americans are finding success through alternative visa pathways that eventually open doors to permanent residency and citizenship.

David Cantor is a dual U.S.-Italian national and an immigration attorney currently living in Florence. He has spent years working with Americans moving to Italy, including those hoping to reclaim their Italian heritage through citizenship.

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