Obtaining Italian citizenship is becoming increasingly more difficult. For decades, Italian citizenship by descent—often referred to as jus sanguinis—has provided a gateway for individuals to reclaim their Italian heritage and secure an Italian passport. Traditionally, this process was straightforward for many applicants, including US nationals, who could rely on well-established case law and clear documentation guidelines. However, recent administrative shifts have introduced significant challenges, making it increasingly difficult to obtain Italian citizenship.

Understanding Italian Citizenship by Descent

Italian citizenship by descent is a cherished legal principle that allows those with Italian ancestry to claim citizenship, reconnect with their heritage, and enjoy the benefits of an EU passport. For generations, families have navigated this process with the support of established legal precedents and clear requirements. To qualify, applicants must meet several essential criteria:

• Direct Ancestral Link: You must trace your lineage to an Italian citizen, typically through a parent, grandparent, or even an earlier ancestor.
• Citizenship at the Time of Birth: Your Italian ancestor must have been an Italian citizen at the time of your birth to ensure the chain of citizenship remains unbroken.
• No Renunciation Clause: Each generation must not have renounced their Italian citizenship before the birth of the next person in the lineage.
• Comprehensive Documentation: Vital records such as birth, marriage, and death certificates, along with any naturalization records, are required. These documents must be officially translated and authenticated (usually via apostille) as per Italian regulations.
• Time-Related Considerations: In cases where an ancestor naturalized in another country, the timing of that naturalization (especially if it occurred before 1948) can affect eligibility.

Despite these well-defined requirements, recent administrative guidelines have significantly complicated the process.

Defining the "Minor Issue" in Ancestry Applications

A central factor contributing to these challenges is what experts are referring to as the "minor issue." This term refers to a set of administrative guidelines issued by the Italian Ministry of Internal Affairs that reinterpret the established rules of jus sanguinis. Importantly, this is not a legislative update or a change in the law itself—it is an administrative measure based on a recent reinterpretation of existing case law.

Under this guideline, even minor technical discrepancies or ambiguities in documentation can be used as grounds for rejecting an application. The true intent behind this measure seems to be an attempt to reduce the volume of applications and to discourage individuals from using the process primarily as a means to secure an EU passport. For instance, in regions such as Calabria and Molise, the number of jus sanguinis applications has even surpassed the number of local residents. Overall, these concerns for foreign nationals who have limited ties with Italy have prompted a more restrictive stance.

Although these guidelines lack the binding force of law, many local administrations and courts are expected to follow them, creating an environment of increased scrutiny and legal uncertainty. While some experts predict that these measures may eventually be challenged or overturned, they are currently having a significant impact on the citizenship application process.

Why the Process Has Changed

Several factors have contributed to the increasing difficulty of obtaining Italian citizenship:

• Governmental Frustration: There is a growing sentiment within the Italian government that too many individuals are using the jus sanguinis process to secure an EU passport. This has led to a deliberate effort to tighten eligibility criteria.
• Administrative Overload: In regions where the number of applications far exceeds the local population, local administrations are under pressure to manage the high volume, prompting the adoption of more restrictive guidelines.
• Legal Ambiguity: Because the "minor issue" is an administrative guideline rather than a codified law, its enforcement can vary significantly between different consulates and regions, resulting in an unpredictable application process.

These changes mean that what was once a straightforward path to Italian citizenship has now become a more complex and challenging journey.

Implications for Prospective Applicants

For US nationals and other prospective applicants, these evolving guidelines bring several challenges:

• Increased Scrutiny: Every document and piece of evidence must now meet higher standards, and minor discrepancies can lead to a rejection.
• Inconsistent Enforcement: The "minor issue" is not uniformly applied, meaning that outcomes can vary from one Italian consulate to another.
• Longer Processing Times: Additional administrative hurdles and stricter document reviews are likely to result in delays, affecting timelines for those eager to obtain an Italian passport.

Navigating the Process with Confidence

For those determined to secure Italian citizenship, careful preparation and expert guidance are essential. Here are some strategies to consider:

• Meticulous Documentation: Ensure that all records of your Italian ancestry are complete, accurately translated, and properly authenticated. Given the heightened scrutiny, even small errors can jeopardize your application.
• Stay Informed: Regularly monitor updates from Italian consulates and legal experts specializing in citizenship by descent. The landscape is evolving, and staying informed can help you adjust your application strategy accordingly.
• Consult a Specialist: Engage with a legal professional experienced in Italian citizenship cases. Expert advice can help navigate the nuances of the process and increase the likelihood of a successful application.

Conclusion

The pathway to Italian citizenship by descent has long been a source of pride and connection to one's heritage. However, the introduction of stricter administrative guidelines—most notably the "minor issue"—has significantly complicated the process. While these measures may eventually be contested in court, prospective applicants, particularly US nationals, must now navigate an increasingly complex and unpredictable environment.

If you are considering applying for Italian citizenship, it is crucial to prepare thoroughly, stay updated on the latest guidelines, and seek specialized legal advice. With careful preparation and the right expert support, you can overcome these challenges and successfully reclaim your Italian heritage.

David is a global immigration lawyer and dual US-Italian national. He currently resides in Italy and supports clients with a variety of cross-border legal services.