The Italian Supreme Court has issued a decisive ruling that eliminates the long‑standing “minor age issue” in citizenship‑by‑descent applications.
What the minor age issue was
- When an ancestor naturalised in another country while their child was still a minor (under 18 or 21, depending on the year—Italy lowered the age of majority from 21 to 18 in 1975), the child was incorrectly deemed to have lost the right to Italian citizenship.
- This interpretation led many consulates and courts to reject applications that should have been eligible.
Supreme Court clarification
- The Court confirmed that a minor child of an ancestor who naturalised abroad does not lose Italian citizenship together with the parent.
- Consequently, descendants can now claim citizenship by descent through that ancestor, regardless of the minor‑age circumstance.
Impact on pending and past applications
| Situation | Expected outcome after the ruling |
|---|---|
| Pending application at a consulate | The consulate should apply the new interpretation. Although the Ministry of the Interior has not yet issued formal guidelines, consulates are expected either to wait for the guidelines or to approve cases that involve the minor‑age issue. A denial is now highly unlikely. |
| Denial received from a consulate | The applicant can contest the decision in an Italian court. The court must follow the Supreme Court precedent and grant citizenship. |
| Case already before an Italian court | A judge cannot reject a case that involves the minor‑age issue; the decision must align with the Supreme Court ruling. If a judgment has already been issued and is unfavorable, the applicant may appeal, and the appellate court is obliged to overturn the denial. |
| No‑show to a consular appointment because of the former rule | Applicants who were advised not to attend (e.g., after the October 2024 Ministry of the Interior instruction to reject such cases) can file a claim in court asserting their right to be judged under the corrected interpretation. The court will not apply the outdated “minor age” rule. |
| Applications filed after the “Tani” decree (October 2024) with the minor‑age issue | Courts will still apply the Supreme Court decision. If the applicant can demonstrate that they were unable to submit before the decree’s deadline for reasons beyond their control, the court may consider the case under the old procedural rules but will still reject the minor‑age argument. |
Practical steps for affected applicants
- Review any consular correspondence: If a denial cites the minor‑age issue, prepare to file a judicial challenge.
- Gather documentation: Birth, marriage, and naturalisation records that prove the ancestor’s status and the descendant’s line.
- Consider appeal timelines: Judicial appeals must be lodged promptly; delays can affect the ability to contest a decision.
- Alternative lineage: If another qualifying ancestor exists without the minor‑age complication, that line can be pursued under the new interpretation.
- Legal assistance: While not mandatory, consulting an attorney experienced in Italian citizenship law can help navigate court filings and ensure compliance with procedural requirements.
The ruling removes a major barrier for many descendants of Italian emigrants, aligning practice with the original intent of Italian nationality law. Applicants previously blocked by the minor‑age interpretation now have a clear legal pathway to obtain citizenship.
