Recent changes announced by the Italian Ministry of the Interior affect how citizenship‑by‑descent applications are processed when an ancestor was naturalised while their child was still a minor.
What the new communication says
- The Ministry issued a circular to Italian consulates abroad and to municipal offices stating that an ancestor who became naturalised while their child was a minor causes the loss of Italian citizenship for both the ancestor and the minor child.
- Consequently, applications that rely on that ancestor cannot be accepted by consulates or municipalities.
- The circular does not apply to applicants who have already received Italian citizenship.
- It is unclear whether the notice will affect applications that have been submitted but not yet approved.
Legal background
- Until 1975 the age of majority in Italy was 21 years.
- Three rulings of the Italian Supreme Court (issued between 2023 and 2024) held that naturalisation of an ancestor while their child was a minor interrupts the transmission of citizenship to subsequent generations.
- The Ministry’s circular merely informs public administrations of this interpretation; it does not alter any ongoing judicial proceedings.
How the courts are handling the issue
- Italian courts are not bound by Supreme Court decisions in the same way as lower courts in the United States; lower‑court judges may choose to follow or disregard those rulings.
- To date, the majority of judges continue to approve cases involving the “minor‑child” scenario, even after the Supreme Court rulings.
- Pending cases before the courts are therefore not directly affected by the Ministry’s notice.
- Applicants can still file a lawsuit in the court of the ancestor’s place of birth. The trend in 2024 shows a positive approval rate for such cases.
Why many applicants are turning to the courts
- Italian consulates, especially in the United States, have severe appointment backlogs or are not offering new slots for citizenship applications.
- Italian law permits individuals to pursue their right in court when public administration services are unavailable or excessively delayed.
- Filing in court can be more efficient than waiting for a consular appointment.
Alternative pathways
If the “minor‑child” rule blocks a particular line of descent, applicants can consider other options:
- Other ancestors in the same generation – If the male ancestor is affected, the female ancestor (spouse) may not have been naturalised, or may have been naturalised automatically and involuntarily, which courts have treated favorably.
- Parallel Italian lines – Many applicants have more than one great‑grandparent of Italian origin. If one great‑grandfather is disqualified, another who never naturalised (or did so after the child reached adulthood) can be used.
- Combination of lines – Selecting the most advantageous ancestor can avoid the “minor‑child” restriction altogether.
Practical advice for prospective applicants
- Check the status of your application
- If you have already received citizenship, the new rule does not affect you.
- If your case is pending in a court, continue with the judicial process; the Ministry’s circular does not override it.
- Assess consular options
- If consular appointments are unavailable, prepare to file a lawsuit in the appropriate Italian court (the jurisdiction of the ancestor’s birthplace).
- Map all possible Italian ancestors
- Identify every Italian ancestor in your family tree.
- Determine each ancestor’s naturalisation status and the age of their children at the time of naturalisation.
- Prioritise lines that avoid the minor‑child issue.
- Gather documentation
- Birth, marriage, and death certificates for the ancestor and the descendant child.
- Proof of the ancestor’s naturalisation (or lack thereof).
- Any prior citizenship approvals or rejections.
- Consult a qualified Italian attorney
- Legal counsel can help evaluate which lineage offers the strongest claim and can guide the filing of a court petition if needed.
Outlook
While the Ministry’s circular restricts consular processing for a specific subset of descent cases, the judicial route remains open and is currently the more reliable avenue for many applicants. Moreover, the existence of multiple ancestral lines often provides viable alternatives, ensuring that the new guideline does not eliminate the possibility of obtaining Italian citizenship for most eligible descendants.
