Italy Reforms Citizenship Laws to Strengthen Links with Italian Descendants
The Council of Ministers in Italy has recently approved a decreelaw and two draft laws aimed at overhauling the rules for obtaining Italian citizenship through ius sanguinis, or the right of blood. This reform is designed to address concerns about abuses that allowed many foreign nationals with Italian ancestry to acquire citizenship without meaningful connections to Italy, including language proficiency or ever visiting the country.
Previously governed by a 1992 law, ius sanguinis stipulated that an individual is automatically recognized as an Italian citizen if at least one parent is an Italian citizen. As a result, anyone who could trace their lineage back to an Italian ancestor alive during the Unification of Italy in 1861 could apply for citizenship.
Before 1948, citizenship could only be passed down through the paternal line. Consequently, children of Italian citizens who married foreigners prior to this date were excluded from citizenship. However, the adoption of the Italian Constitution in 1948 provided a more equitable framework, allowing Italian women to transmit citizenship and strengthening the rights of all descendants through both maternal and paternal lines. Subsequent court rulings affirmed the validity of these rights for descendants of Italian women born before 1948, further expanding citizenship eligibility.
Over the last decade, Italy has seen a substantial increase in citizenship applications, with Italian citizens residing abroad rising from around 46 million in 2014 to approximately 64 million projected by 2024. This surge is particularly notable in countries like Argentina and Brazil, where extensive Italian emigration occurred in the 19th and early 20th centuries. Currently, there are over 60,000 pending citizenship cases in Italy, causing significant delays in processing as the courts struggle to handle the influx.
To streamline citizenship acquisition, the government has enacted a phased approach to reform. Under the newly approved decreelaw, descendants born abroad will automatically be recognized as Italian citizens for only two generations—those with at least one parent, grandparent, or great-grandparent born in Italy. Additionally, those descendants will gain citizenship if they are born in Italy or if at least one parent has resided in Italy for two consecutive years prior to their birth. Individuals who have submitted citizenship applications before March 27 will still be recognized as citizens, ensuring that existing processes are respected.
The second phase of the reforms will introduce more substantial amendments through an additional bill. Among the proposed changes, new citizens will be expected to fulfill certain civic obligations at least once every 25 years, which could include renewing identification or engaging with public administration. Foreign-born individuals will need to register their birth certificates before turning 25 to maintain eligibility for citizenship applications.
Furthermore, the revised regulations regarding spouses of Italian citizens will require ongoing residency in Italy to qualify for citizenship. This measures intends to incentivize return immigration and ensure stronger ties to the country.
Another critical clarification in the bill outlines that maternal transmission of Italian citizenship applies to all individuals born after January 1, 1927. This adjustment means that many individuals no longer need to rely on the courts to obtain their citizenship, streamlining the application process to municipal offices or consulates.
In a bid to simplify and clarify bureaucratic processes, a separate bill has been passed to shift the administration of citizenship applications for Italians abroad from consulates to a centralized office overseen by the Ministry of Foreign Affairs. This change aims to prevent irregularities that have been reported at many consulates in previous years. The new office will be established within a year, while current consular procedures remain in place until then.
Lastly, the application fee for acquiring citizenship is set to rise to 700 euros, as stated by Foreign Minister Antonio Tajani, with the intentions of covering municipal costs and putting an end to the practices of foreign agencies that charge fees to facilitate citizenship applications.
In summary, these reforms represent a significant shift in Italy's citizenship laws, prioritizing deeper engagements with Italian descendants while ensuring the integrity of the citizenship process.
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