What changed in 2025
For more than a century, anyone descended from an Italian could apply for recognition with no generation limit. Decree-Law 36 of March 28, 2025, converted by Law 74 of May 23, 2025, created article 3-bis of Law 91/1992. The new rule says that anyone born abroad who holds another citizenship is considered never to have acquired Italian citizenship, unless they fall under one of the exceptions.
The rule also applies to people born before the law. That's why it affected most Brazilians who had not yet filed their application.
cutoff date (11:59 p.m., Rome time) for applications under the old rules
parent or grandparent: the link must fall within this range
fee per adult applicant at the comune or consulate
of legal residence for standard naturalization
Who still qualifies
Under current law, people born outside Italy who hold another citizenship remain Italian by descent in one of these situations:
- Application filed by March 27, 2025: an administrative application lodged with the consulate or comune by 11:59 p.m. (Rome time) that day, or with an appointment already booked by that date. These cases follow the old rules.
- Lawsuit filed by the same date. It also follows the old rules.
- A parent or grandparent with exclusively Italian citizenship, or who held only Italian citizenship at the time of death.
- A parent who lived in Italy for at least two consecutive years after obtaining citizenship and before the child's birth (or adoption).
For minor children of parents who are already Italian (including those recognized by descent), the law created another route: the parents make a declaration of intent, and the child becomes a citizen if the declaration is made within one year of birth, or if the minor then lives legally in Italy for two consecutive years after it.
For a first screening of your case, use the citizenship tool.
What the courts have decided
- Ruling 142/2025 (July 2025): the Constitutional Court declared inadmissible the challenges to unlimited transmission under the old law. In practice, applications filed before the reform are still assessed under the old rules.
- Ruling 63/2026 (filed April 30, 2026): the Constitutional Court found the reform constitutional on the issues raised by the Court of Turin. In the Court's view, the law does not take away existing citizenship: it prevents acquisition from the outset and protects those who already had recognition or an application in progress.
- Ordinanza 147/2026 (filed July 23, 2026): in cases from Mantua and Campobasso, the Court referred a question to the Court of Justice of the European Union on whether the rule is compatible with EU citizenship. Those cases are suspended until the answer comes, which may take months.
- Court of Cassation, Joint Divisions, ruling 24045/2026: settled the debate over the so-called “minor issue” (a minor child whose father naturalized in another country). [confirm the exact principles established with the partner lawyer]
The honest summary: today the law is in force and has been upheld by the Constitutional Court. There is still a question pending in Luxembourg, but no one should plan their move counting on the law changing.
Where to apply: consulate, comune or court
| Route | Who it's for | Main cost |
|---|---|---|
| Italian consulate in Brazil (or in the US) | People living in the consulate's jurisdiction | €600 per adult applicant |
| Comune in Italy | People with registered residence in that comune | €600 per adult applicant, plus stamps and any fees for old records (up to €300 per record, at the comune's discretion) |
| Italian court | Cases with excessive consular backlogs or contested issues | Court fee of about €600 per plaintiff, plus attorney fees [confirm current amount] |
Applying through the comune requires real residence in Italy, with proper housing and registration with the anagrafe. Timelines vary widely from city to city and consulate to consulate. [confirm current timelines at the destination comune]
Step by step
Build your family tree and confirm the exception
Identify your Italian ancestor and check whether they (or your parent) held only Italian citizenship, or whether your parent lived in Italy for two years before you were born.
Prove there was no naturalization
The certificate of non-naturalization (in Brazil, issued by the Ministry of Justice) is now a key document, because the exception depends on exclusive citizenship.
Gather the certificates
Full-form birth, marriage and death certificates for the whole line, apostilled and translated into Italian. Fix any discrepancies in names and dates before filing.
Choose your route
Consulate, comune or court, depending on where you live and your situation. If in doubt, talk to a lawyer first.
Pay the fee and file
The €600 fee per adult is paid up front; without it, the application is not processed.
After recognition
Transcription of the certificates, AIRE registration (if you live abroad) and an Italian passport.
The full list of documents for your move is in the moving checklist.
If you no longer qualify
- Naturalization for descendants: people with a parent or grandparent who is an Italian citizen by birth can apply for naturalization after 3 years of legal residence in Italy, instead of 10. [confirm whether this changed in 2026]
- Quota-exempt work visa for descendants: since the decree of November 17, 2025, Brazilians of Italian descent can enter for salaried work without depending on Decreto Flussi quotas. You still need an employer in Italy. See work.
- Standard naturalization: 10 years of legal residence, B1-level Italian, minimum income and a €250 fee.
- Other visas: digital nomad, study, elective residence, entrepreneurs or marriage to an Italian citizen.
Frequently asked questions
My application was filed before March 27, 2025. Does anything change?
Not in substance: it follows the old rules. The fee and practical timelines, however, depend on each consulate or comune.
My great-grandfather was Italian. Can I still apply?
Through descent, generally not, unless your parent or grandparent held only Italian citizenship. Consider naturalization after 3 years of residence or another visa.
My father has already been recognized. What about my minor children?
They may qualify through the parents' declaration, as long as they meet the conditions (declaration in the first year of life or two years of legal residence in Italy after the declaration). Talk to us to plan your move with this in mind.
Is it worth going to court now?
It depends on the case. The reform was found constitutional, and there is a question pending before the European Court. Only a lawyer can assess the risks and costs of your case.
Can I live in Italy while the process is underway?
Yes, if you have a valid residence permit. Those applying through the comune generally receive a permesso in attesa di cittadinanza during the process.
Sources: Normattiva, DL 36/2025 consolidated (accessed 10/2026); Coordinated text of DL 36/2025 and Law 74/2025 (05/2025); Constitutional Court, press release on ruling 63/2026 (04/2026); Constitutional Court, ordinanza 147/2026 (07/2026); Studio Cataldi, ruling 142/2025 (07/2025); LentePubblica, Cassation Joint Divisions 24045/2026 (2026); Law 207/2024, recognition fees (Arletti Partners) (2025); Decree of 11/17/2025, quota-exempt work for descendants (Edotto) (11/2025); Piemonte Immigrazione, citizenship 2026 (03/2026).