The Ancestor Who Left

Citizenship by descent is governed by two fundamentally different legal frameworks, and recent changes—most notably Italy’s 2025 amendment—show how a single ancestor’s status on a specific date can determine eligibility, regardless of how many generations separate the applicant.

The two main frameworks

1. Generation‑by‑generation test – Each child inherits citizenship only if the parent was a citizen on the day of the child’s birth. The chain continues until it is broken, typically by a foreign naturalisation or loss of citizenship.
   Examples: Poland (pre‑2012 rule on foreign naturalisation) and Germany (loss through foreign naturalisation or historical gender‑based restrictions).

2. Single‑ancestor test – The law looks solely at one ancestor (parent, grandparent, great‑grandparent, etc.) and whether that person held the relevant citizenship on a defined historical date. Intervening generations are irrelevant.
   Examples: Slovakia (Czechoslovak citizen born on present‑day Slovak soil), Lithuania (citizen before 15 June 1940), Latvia (citizen before 17 June 1940), Croatia (ancestor emigrated before 8 Oct 1991), Hungary (any Hungarian ancestor, no limit), Armenia (ethnic Armenians, no limit).

Italy’s 2025 restriction

• Before 28 Mar 2025: No generational limit; any descendant of an Italian ancestor could claim citizenship.
• Decree 3‑bis (28 Mar 2025) → Law 74/2025 (23 May 2025): Introduced “original preclusion.” Anyone born abroad with another citizenship is deemed never to have acquired Italian citizenship, even if they would have under the old rule.
• Transitional protection: Claims filed by 23:59 Rome time on 27 Mar 2025 remain under the old, permissive regime.
• Current pathways:
  1. Through a parent or grandparent who held only Italian citizenship at death.
  2. Through a parent who resided in Italy continuously for at least two years after acquiring Italian citizenship and before the applicant’s birth.
• Legal challenges: Italy’s Constitutional Court upheld the retroactive effect in Judgment 63/2026, classifying the change as “original preclusion” rather than revocation. The same court later referred the matter to the EU Court of Justice (Order 147/2026), leaving the ultimate EU‑level ruling pending. A July 2026 Cassation Court decision revived cases rejected by consulates where a parent naturalised while the child was a minor.

Other notable regimes

• Ireland (Nat. & Citizenship Act 1956, Sec. 7): No generational limit, but the first claim must be through a parent or grandparent. Great‑grandparent claims are possible only if the intermediate generation obtained recognition before the applicant’s birth. Citizenship is effective on the registration date, not birth.
• Poland: Citizenship passes automatically at birth; loss occurs if an ancestor acquired foreign citizenship (pre‑2012 rule).
• Germany: Unlimited generational transmission unless citizenship was lost before the next birth; special restitution route for descendants of Nazi‑persecuted persons (no generational cap).
• Spain: Democratic Memory Law allowed children or grandchildren of exiles to apply; the window closed in 2025.
• Portugal: Sephardic‑descent route closed in 2026; ordinary descent route reaches grandchildren, requiring language and cultural integration.
• Canada: Bill C‑3 (royal assent 20 Nov 2025) removed the first‑generation limit. Children born on/after 15 Dec 2025 must have a Canadian parent who spent at least 1,095 days in Canada before birth.
• Romania: Second‑degree (Article 10) or third‑degree (Article 11) descent depending on how the ancestor lost citizenship; a Romanian language test added by Law 14/2025.
• Croatia: Since 1 Jan 2020, any descendant of a pre‑1991 emigrant may naturalise without a language test.

Practical steps to assess eligibility

1. Identify the emigrating ancestor – the person who left the country, not the earliest forebear.
2. Determine that ancestor’s citizenship on the birth date of the next generation – consult the relevant national archives (e.g., U.S. National Archives, USCIS, or Immigration, Refugees and Citizenship Canada).
3. Check for disqualifying events – foreign naturalisation, loss of citizenship, or historical restrictions (e.g., gender‑based rules in Germany).
4. Gather documentary evidence – birth, marriage, death certificates, naturalisation records, and any proof of continuous residence if required.
5. File the application – through the appropriate consulate, municipality, or court before any deadline; consider professional assistance if the process is complex.

Understanding whether a claim succeeds hinges less on the number of generations and more on the specific legal status of the ancestor at the relevant historical moment. Recent legislative shifts, especially Italy’s 2025 amendment, illustrate how quickly eligibility can change, underscoring the importance of timely filing and thorough documentation.

Source article: www.imidaily.com