Some Judges of different courts granted citizenship to applicants who experienced consular delays and inefficiency, even though the main ancestor was above the second-generation limit.
Some courts around Italy are granting Italian citizenship to applicants not eligible under the current legal framework, who demonstrated that due to consulate’s inefficiency they couldn’t secure an appointment before the new law entered into force and, as a consequence, were unable to claim their right to citizenship while they were still eligible.
Consular ineffiency
Individuals with Italian ancestry who reside abroad and wish to have their citizenship recognised must apply through an Italian consulate.
Unfortunately, due to congestion of the online booking system or heavy workloads in the relevant consular offices, several applicants are unable to submit their applications within a reasonable timeframe. In the worst-case scenario, they are left in doubt as to when they will be able to do so.
Due to recent changes in Italian citizenship law, some people have found that they are no longer eligible to apply, even though they qualified when they first tried to secure an appointment without success.
Some of these individuals have therefore decided to file a claim with an Italian court to seek recognition through judicial means.
The Judge’s decisions
The above-mentioned cases were filed with the Courts of Bologna, Firenze, Palermo, Napoli (competent according to the place of birth of the applicants’ Italian ancestors) after March 27th, 2025, therefore under new citizenship regulations. Among the supporting documentation, the applicants included evidence of their unsuccessful attempts to obtain an appointment or to be added to a waiting list or to have their application processed within the 2 years set forth by law.
Given the filing date, the judges applied the recently introduced provisions of Law No. 91/1992, as amended by Decree 36/2025 (converted into Law No. 74/2025)
In light of the fact that the applicants took several infructuous actions to have their Italian citizenship recognised via the administrative channel prior the entry into force of the new regulations, the judge granted citizenship to the applicants regardless of the generational limit.
What these rulings mean
This is very good news for those who were unable to secure an appointment for citizenship recognition due to congestion or inefficiency at their consulate. However, as judges in Italy have wide discretion when evaluating citizenship cases, not all of them may comply with this interpretation of the law.
In some cases, the Ministry has still the time to appeal against them. However, if no action is taken within this timeframe, the judgements will be considered final.
If you have experienced consular inefficiency and you have evidence of your attempts, feel free to contact our team: we would be glad to review your case and provide our notes on the best way forward.
Related articles:
- Italian Citizenship and Consular Delays: The Latest Court of Cassation Decision
- Judicial Route to Italian Citizenship by Descent: Overcoming the Italian Consulate in London’s delay
Article written by Giuditta De Ricco and Valentina Giannessi
