Italian Citizenship by Descent in 2026: Who Still Qualifies Under Law 74/2025
For decades anyone with an unbroken Italian bloodline could claim citizenship, however many generations back. Decree-Law 36 of 28 March 2025, converted into Law 74 of 23 May 2025, ended that for people born abroad with another nationality. The new Article 3-bis of the 1992 citizenship law makes the automatic transmission of citizenship depend on a short list of exceptions, and in 2026 the Constitutional Court upheld the mechanism. This guide uses the Foreign Ministry's and the consulates' own instructions and the Court's ruling.
Quick answer
Under the amended Law 91/1992, a person born abroad to an Italian parent and holding another citizenship no longer acquires Italian citizenship automatically. Citizenship is recognised only if one of the exceptions in Article 3-bis applies, the two the consulates apply day to day being: (a) the Italian parent lived continuously in Italy for at least two years after acquiring Italian citizenship and before the child's birth, or (b) a parent or grandparent held only Italian citizenship, or held only Italian citizenship at the time of their death. Self-declarations that an ancestor had no other citizenship are not accepted. Applications lodged before the decree took effect follow the old rules. Consulates handle adult applicants only; minors go through birth registration. The London consulate charges 600 euro, non-refundable, for a descent application. In 2026 the Constitutional Court (judgment 63/2026) read Article 3-bis as an original bar to acquiring citizenship, not a revocation of citizenship already held.
What changed and when
The Foreign Ministry's citizenship page sets the frame: with the introduction of Decree-Law no. 36 of 28 March 2025, converted with amendments by Law no. 74 of 23 May 2025, the automatic acquisition of citizenship for those born abroad holding another citizenship is subject to the existence of one of the exceptions set out in Article 3-bis of Law no. 91 of 5 February 1992. Applications submitted after the decree entered into force are assessed under the new conditions; the consular pages say earlier applications continue under the previous law. Article 3-bis applies "in derogation from" Articles 1, 2, 3, 14 and 20 of the 1992 law, which is why it reaches birth, adoption, recognition and the old transmission rules all at once.
The exceptions, as the consulates apply them
| Exception | What you must show | What does not count |
|---|---|---|
| (a) Residence of the Italian parent | The Italian parent lived continuously in Italy for at least two years after acquiring Italian citizenship and before the child's birth | Residence in Italy before the parent acquired citizenship; residence of the non-Italian parent |
| (b) Sole Italian citizenship of the ancestor | A parent or grandparent held only Italian citizenship, or held only Italian citizenship at the time of death | Self-declarations stating the absence of other citizenships |
Source: Consulate General of Italy in London, "Citizenship iure sanguinis – New Regulatory Framework". The London page applies to adult applicants; for minors it points to birth registration.
Great-grandparents and beyond
Exception (b) names a parent or grandparent. A line that runs through a great-grandparent who held only Italian citizenship, with a grandparent and parent who also held another nationality, no longer produces automatic citizenship for someone born abroad with another citizenship. That is the practical end of the multi-generation claims that filled consular queues in the Americas.
Minors and naturalising parents
The same law tightened Article 14 of the 1992 statute. Minor children of a person who acquires or reacquires Italian citizenship acquire it too, if they live with the parent, but only if, at the time of the parent's acquisition, the minor has legally resided in Italy for at least two continuous years, or since birth if under the age of two. The Foreign Ministry notes this requirement was introduced by the 2025 decree as converted.
The Constitutional Court in 2026
Challenges reached the Constitutional Court quickly. A Venezuelan family whose judicial application was filed on 28 March 2025, one day after the cut-off, and whose ancestors neither held only Italian citizenship nor had resided in Italy for two years, argued that Article 3-bis was an implicit, retroactive revocation of citizenship acquired at birth, in breach of Articles 2, 3 and 117 of the Constitution and of EU citizenship rules. In judgment no. 63 of 2026 the Court characterised Article 3-bis as an original preclusion to the acquisition of Italian citizenship by the people it covers, and not a revocation. The Court's own case pages list further Article 3-bis cases on its 2026 dockets.
How to apply now
- Adults only at consulates. The London consulate's procedure can be followed only by adult applicants; a minor's registration goes through the births section.
- Appointments. Booked exclusively through Prenot@Mi; in London new slots open every Monday and Wednesday at 17:00 local time, and each applicant books their own.
- Documents. Complete, legalised civil-status records for the chain, plus evidence of the exception you rely on: the Italian parent's continuous residence in Italy, or proof that the ancestor held only Italian citizenship. Self-declarations are not accepted for the latter.
- Fee. 600 euro in London, paid by British debit card on the day, non-refundable regardless of outcome. Other consulates set their own fees.
If your file predates the decree
Both the Foreign Ministry and the consulates distinguish between applications lodged before and after the entry into force of Decree-Law 36/2025. If yours was complete and submitted before the cut-off, it is assessed under the previous law. Keep the receipt and the date stamp; it is the single most important document you have.
Frequently asked questions
Can I still get Italian citizenship through my great-grandfather?
Not automatically, if you were born abroad and hold another citizenship. Article 3-bis recognises descent only where a parent or grandparent held only Italian citizenship, or where the Italian parent lived in Italy for two continuous years after acquiring citizenship and before your birth.
My grandfather never naturalised abroad. Does that help?
Yes, if he held only Italian citizenship, or only Italian citizenship at the time of his death. You must prove it with documents; a self-declaration is not accepted.
Did the Constitutional Court strike the law down?
No. In judgment 63 of 2026 the Court characterised Article 3-bis as an original preclusion to acquisition, not a revocation of existing citizenship.
What does an application cost?
The London consulate charges 600 euro, non-refundable. Fees are set per consulate.
What about my children?
Minor children of a parent who acquires Italian citizenship acquire it too only if they have legally resided in Italy for at least two continuous years at that time, or since birth if under two. Consular descent applications are for adults; minors are handled through birth registration.