ITALY'S RESTRICTIVE PLAN: Amplifying Scrutiny Over Citizenship Application Processes

Losing Your Shot at Italian Citizenship: A Hard Sell for Descendants

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Italy's government caught tens of thousands of people of Italian descent off-guard last month by imposing stringent access restrictions to Italian citizenship by descent. Here's a lowdown on what's happening now.

In one swift move, Italy's government blindsided people of Italian origin worldwide when it implemented an unexpected decree that severely curtailed access to Italian citizenship iure sanguinis or through 'right of blood'.

Previously, there was no generational limit on applications, with individuals theoretically eligible to claim citizenship through an ancestor dating back to March 17th, 1861. As long as no one in the heritage line lost or renounced Italian citizenship, anyone could potentially apply.

But under the new rules, which took effect on March 28th, those with an Italian parent or grandparent born in Italy, or with an Italian parent who resided in Italy for at least two continuous years, are the only ones entitled to citizenship by descent.

READ ALSO: Interview: Demystifying Italy's Updated Rules for Citizenship by Descent

The abrupt change left a widespread feeling of disappointment and disbelief among descendants of Italians around the globe, as many suddenly found themselves cut off from the opportunity to claim Italian citizenship.

The move was also harshly criticized by opposition parties, arguing that emergency decrees are typically reserved for natural disasters, conflicts or public health crises, not citizenship issues.

The decree needs parliamentary approval within 60 days to remain in force, but given the ruling coalition's majority in both houses, it's unlikely to be overturned.

READ ALSO: 'Crippling': How Italy's New Citizenship Rules Caught Descendants Off Guard Worldwide

Simultaneously, the government announced draft bills that would further restrict access to Italian citizenship via descent and marriage, as well as overhaul the application process. These proposals must still navigate through parliament and may undergo potential changes. However, they offer a glimpse into the government's future plans.

Requirement to Exercise 'Rights and Duties'

The first draft law suggests that people born abroad must register their birth certificates with Italian authorities before reaching 25 to be eligible for citizenship by descent when they grow older. Failure to comply indicates an "absence of effective ties with Italy due to failure to exercise rights and discharge duties," according to the government's press release on proposed changes.

Italian citizens born outside Italy and living abroad would be required to exercise similar unspecified "rights and duties" at least once every 25 years to maintain their citizenship. The government has yet to clarify what these duties entail.

New Rules for Minors Ineligible for Citizenship

Under the rules implemented on March 28th, children born abroad are ineligible for citizenship unless they have at least one parent or grandparent born in Italy or a parent who resided in the country for at least two continuous years.

However, under the first draft law, minors born to Italian parents who don't meet these requirements would still be eligible for citizenship by descent if they meet one of two conditions:

Born in Italy
Living in Italy for a continuous 2-year period as a minor

The bill does not elaborate on proposing a language requirement for citizenship applications.

Spouses of Italian Citizens Must Reside in Italy to Naturalize

As of now, the spouse of an Italian national can apply for citizenship after 2 years of marriage if they reside in Italy, or after 3 years if they live outside Italy.

If the draft law is implemented, spouses living abroad would be denied citizenship, making citizenship obtainable solely for those living in Italy. Additionally, spouses must currently pass a B1 language exam as part of their citizenship application, which the draft law does not suggest altering.

Increased Wait Times and Fees

The second draft law proposes extending the maximum wait time for citizenship application processing from 24 to 48 months. Although it's not mentioned in the official government press release, Minister of Foreign Affairs and Deputy Prime Minister Antonio Tajani reportedly stated plans to increase the citizenship application fee from €600 to €700 by 2026.

Lastly, the draft law allows for Italian citizenship applications to be handled by a new department within Italy's foreign ministry. Currently, the majority of applications submitted by people living outside of Italy are processed by Italian consulates, which have struggled to keep pace with growing demand in recent years.

When Might These Changes Occur?

The draft laws have not yet been discussed by Italy's parliament, and the exact timing for parliamentary debate remains unclear. Italy's legal process typically involves shuttling draft laws back and forth multiple times between the two houses over several months or even years. However, the process can be expedited if the provisions are relatively straightforward and both houses are in agreement from the outset.

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The Italian government's sudden decree in March 2023 has severely limited access to Italian citizenship through blood, leaving many people of Italian origin worldwide in a state of disappointment and disbelief.
Critics argue that emergency decrees are typically reserved for natural disasters, conflicts, or public health crises, not citizenship issues, and the decree must still be parliament-approved.
Descendants of Italians worldwide are now only eligible if they have an Italian parent or grandparent born in Italy, or an Italian parent who resided there for at least two continuous years.
The government has proposed draft bills to further restrict access to Italian citizenship via descent and marriage, as well as overhaul the application process.
Italian citizens born abroad would be required to register their birth certificates with Italian authorities before age 25 to be eligible for citizenship by descent.
Children born abroad who don't have an Italian parent or grandparent born in Italy or a parent residing there for two continuous years would be ineligible for citizenship, but could potentially still qualify if they were born in Italy or lived there as minors for 2 years.
Spouses of Italian citizens would only be eligible for citizenship if they reside in Italy and the draft law suggests no changes to the B1 language exam requirement.
The wait times for citizenship application processing may increase from 24 to 48 months, and the application fee may rise from €600 to €700 by 2026.
A new department within Italy's foreign ministry would handle citizenship applications, aiming to reduce the backlog at Italian consulates, which have struggled to keep up with growing demand.