The Italian Ministry of the Interior issued a circular on 10 August 2024 that changes how applications denied solely for the “minor age” issue can be handled.
What the circular changes
- Re‑examination right – If an application was rejected only because the applicant was considered a minor, the applicant may now request a reconsideration of that decision.
- Scope limitation – The request is not available when the denial also involved other reasons (e.g., document discrepancies, missing requirements).
Where to send the request
- The request must be addressed to the same consulate or municipality that originally received the application, even if the applicant has since moved to a different jurisdiction.
How to submit the request
- The circular does not yet specify the exact submission method (letter, email, online form, etc.).
- Applicants should monitor the official websites of the relevant Italian consulate or municipality for updated instructions.
- Legal representatives can file the request on the applicant’s behalf to ensure timely processing.
Situations that still require court action
- No formal rejection – When applicants were told not to attend their appointment or withdrew voluntarily because they were misinformed that the application would be denied, there is no official rejection to appeal. In these cases the only recourse is to petition the court to enforce the right to citizenship.
- Missed appointments due to lack of slots – Applicants who could not secure an appointment before the deadline set by the Tajani decree (often referred to as the “Yanni” decree) may also need to go to court. They can argue that the inability to submit the application was beyond their control and request that their case be judged under the pre‑decree rules.
Interaction with the Tajani decree
- Applications submitted before the decree’s entry into force are evaluated under the old rules, even if the re‑examination request is made after the decree.
- Consequently, a pre‑decree applicant denied for the minor age issue can request a re‑examination without being subject to the newer, stricter criteria introduced by the decree.
Practical steps for affected applicants
- Confirm the reason for denial – Verify that the rejection letter cites only the minor age issue.
- Prepare a formal request – Draft a concise petition stating the exclusive nature of the denial and ask for a re‑examination.
- Submit to the original authority – Send the request to the consulate or municipality that handled the initial application, following any guidance that later appears on their official site.
- Track the response – Keep records of all correspondence; if no clear procedure is provided within a reasonable time, consider engaging legal counsel to file the request on your behalf.
- If no formal rejection exists – For cases where the appointment was missed or the application withdrawn under misleading advice, prepare to file a court petition citing the misinterpretation of the law.
Contact information
- Legal assistance and filing services are offered through Italian Citizenship Assistance (website: italiancitizenshipassistance.com).
The new circular offers a streamlined path for many applicants previously blocked by the minor age rule, but those whose applications never reached a formal rejection must still rely on judicial remedies.
