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” in Italian citizenship.

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 recent decisions by the Italian Supreme Court of Cassation, the circular provides updated guidance for evaluating citizenship applications.

Under the new guidance, if an Italian parent voluntarily naturalized while their child was still a minor living with them, the citizenship line is treated as broken—thereby blocking the path for descendants to acquire citizenship by descent—unless the child later reacquired Italian citizenship (a process known as riacquisto). Municipal offices apply it as Interior Ministry guidance. Many consulates have aligned their processing accordingly, but practice can vary by office.

This update only impacts new and pending applications. It does not apply to those who have already received Italian citizenship.

How Law 74/2025 Can Change the Analysis

Separate from the 2024 guidance on the minor rule in Italian citizenship, Law 74/2025 changed how Italian citizenship is evaluated for certain people born outside Italy. In simple terms, if you were born abroad and already held another citizenship at birth (such as U.S. citizenship), the law may treat you as having never acquired Italian citizenship.

The practical consequence is that citizenship by descent cannot be recognized, even if your family line would otherwise qualify, unless you fall within a narrow set of exceptions tied to timing, filings made by March 27, 2025, or close family and residency connections to Italy.

Because of this, some applicants are now excluded from recognition by descent regardless of the minor issue, while others must rely on specific exceptions or alternative pathways. At the same time, the law also changed how some minor children born abroad can acquire Italian citizenship. In certain cases, citizenship is not recognized automatically and instead must be obtained through a declaration-based process (“beneficio di legge”).

As a result, determining eligibility now requires looking at birth location, other citizenships held, and timing—before analyzing whether the minor issue applies.

How to Determine If You Are Affected

Before you take action on Italy’s minor issue, confirm that your situation is not affected by the newer eligibility limits and minors rules introduced in 2025, since those can determine the path you must follow.

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 obtaining Italian citizenship in a jure sanguinis minor issue situation. This new interpretation applies even to children born in countries with jus soli (birthright citizenship) laws.

If the child who lost citizenship as a minor later completed a valid reacquisition—normally after reaching adulthood—before the next generation’s birth, that can change the outcome, and proof of that reacquisition becomes central.

Important: this issue is not triggered by every naturalization. It mainly comes up in lines where the Italian ancestor’s naturalization happened in a period when Italian law could treat that act as a loss of Italian citizenship (often before August 16, 1992). From August 16, 1992, acquiring a foreign citizenship does not by itself cause loss of Italian citizenship unless the person formally renounces it under the rules.

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. From March 10, 1975, onward, Italian law generally treats the age of majority as 18, so the “minor” analysis depends on the date of the relevant event. 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, but circumstances vary.

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). Automatic citizenship changes tied to marriage can be treated differently depending on the period.

Women who married foreigners before January 1, 1948, could lose Italian citizenship through the marriage and may have specific reacquisition options.

For women after January 1, 1948, an automatic foreign citizenship linked to marriage (or a husband’s naturalization) is generally not treated as a loss of Italian citizenship, though offices may require specific declarations/annotations in the records.

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. Still, many judges give significant weight to Cassation guidance, so a court path is not guaranteed.

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, residency pathways (including the investor visa for residency), which may later support a residence-based naturalization application, 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 obtaining 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

Because Italian citizenship rules can change over time, it’s important to base your plan on what’s current today. ITAMCAP monitors legal updates closely and provides end-to-end citizenship assistance, from eligibility review and document planning to application prep and guidance on next steps. If your goal is Italian dual citizenship, reach out to us today.

Request your free phone consultation so we can help you identify the strongest path for your family line.