Italian Citizenship Minor Issue: What You Need to Know

For decades, people with Italian lineage have sought Italian citizenship by descent based on the existing laws and guidelines. Recent changes by the Italian government, however, may impact who is eligible for citizenship by descent. It has to do with new interpretations of what’s known as the “minor issue.”

Below, ITAMCAP explains the new guidelines, how to determine if these changes affect you, and steps you can take to pursue Italian citizenship by descent.

What Changed with the New Circular?

On October 3, 2024, the Italian Ministry of the Interior released a new circular (memorandum) that could affect who is eligible for Italian citizenship by descent.

Issued in response to two recent decisions by the Italian Supreme Court of Cassation, the circular provides updated guidance for evaluating citizenship applications.

It instructs public officials to deny applications where an applicant’s Italian ancestor became a citizen of another country (was “naturalized”) while their child was still a minor living at home.

Consulates and Italian municipal offices (Comuni) are now applying this updated guideline, which affects the processing of applications worldwide.

This update (formally issued on October 10, 2024) only impacts new applications. It does not apply to those who have already received Italian citizenship.

How to Determine If You Are Affected

If your ancestor naturalized as a foreign citizen while their child (the person you are using to apply for citizenship) was a minor, you may not be eligible for Italian citizenship by descent. This new interpretation applies even to children born in countries with jus soli (birthright citizenship) laws.

To determine if this new memorandum impacts your eligibility for Italian citizenship by descent, follow these steps:

Check your ancestor’s naturalization status.

First, find out whether the Italian ancestor in your line of descent ever became a citizen of another country. If they did not naturalize, this new rule should not impact your application.

If your ancestor naturalized, determine whether the child you are using to claim citizenship was considered a minor at that time. Before 1975, Italian law considered minors as those under 21. If the child was already an adult, this recent update should not affect your case.

Verify residency of the naturalized parent.

The new rule applies if the child of the Italian ancestor was living with the naturalized parent at the time of the parent’s naturalization. In cases where the child was living separately, such as residing in Italy with one parent while the other parent became naturalized abroad, the rule may not apply.

Review marital status of the child at the time of naturalization.

In the past, marriage could lead to legal emancipation, which would mean the child was no longer a minor in the parent’s household. If the child of your Italian ancestor was married when the ancestor naturalized, this update might not apply to your case.

If you find that the new circular does impact your application, consider these options:

Examine female ancestry lines.

If you have a female ancestor in your lineage, check if she became a naturalized citizen. If she did not, you may be able to pursue citizenship through her line instead.

If she did, see if her naturalization occurred only through “derived citizenship” (from her husband’s naturalization). Italian law does not view derived citizenship as a loss of Italian citizenship, which may still make you eligible through her line.

Assess potential court actions for female lines before 1948.

Italian law before 1948 prevented women from passing on citizenship, so if your female ancestor had the next descendant before this date, you may need to pursue citizenship through a court case in Italy with legal representation. Italian courts are not bound by this recent circular, meaning there could still be a path forward.

Explore additional Italian ancestors in your family tree.

If this new guideline blocks certain ancestors in your family tree, consider exploring other Italian-born ancestors. Applying through an alternate ancestor may allow you to navigate around these recent changes. If you need help locating additional ancestral records, resources like Ancestry.com or local genealogical libraries can provide valuable assistance.

Empower Yourself with These Tips

If you’re thinking about applying for Italian citizenship by descent, here are some tips for navigating the process:

• Explore alternative paths: If this change impacts your current eligibility, consider other routes, such as residency-based citizenship, investment options, or citizenship through another Italian ancestor.
• Stay informed: Italian citizenship law is constantly evolving, and new guidelines or court decisions could further impact eligibility. Make it a point to stay informed about any developments or updates from the Italian Ministry of the Interior or court rulings that may affect your case.
• Consider all options: If your application is denied due to this recent “minor issue,” don’t lose hope. You may be able to file an appeal, or there may be other legal pathways to challenge the decision.
• Get professional guidance: Citizenship laws are complex, and this latest guideline adds another layer of complexity. Seek advice from professionals who specialize in Italian citizenship. A legal expert can also assess your situation and guide you through the specific requirements and nuances of Italian citizenship by descent.
• Get your documents in order: Gather everything you can regarding your ancestry—birth and marriage certificates, naturalization documents, and evidence of Italian connections. A well-prepared application can make all the difference in complex cases.
• Be patient: Changes in immigration law and policy take time to settle, and appealing a decision or finding alternative pathways requires perseverance. Dedication to the process often pays off, especially when navigating heritage-based claims.

Get Help from ITAMCAP

This new circular could not have been foreseen, which is why it caught so many people off guard—especially individuals who are currently in the process of applying for Italian citizenship.

If you are affected by the new circular or believe you might be, the team at ITAMCAP is here to help. There may be other avenues for you to pursue Italian citizenship.

We will help you determine whether there are any alternative genealogical routes for Italian citizenship by descent. Get in touch with us today for assistance.