However, there are some doubts regarding the interpretation of two specific provisions of the new law:
Article 3-bis, paragraph 1, letter c) refers to the exception that allows someone born abroad to apply for citizenship by descent. In fact, this article mentions that the applicant must have a parent or a grandparent who exclusively held Italian citizenship at the time of the applicant’s birth or who exclusively held Italian citizenship at the time of their death if it occurred before the applicant’s birth.
EXAMPLE: Anna, who was born in New York and currently lives there, has an Italian grandfather that died before her birth holding only Italian citizenship. She may apply to her Consulate of reference for the recognition of Italian citizenship by descent (under art. 3-bis, Law 74/2025).
Article 9, paragraph 1, letter a) refers to a different procedure. According to this article, applicants born abroad to Italian parents or grandparents who lost their Italian citizenship or the right to transmit it on to their descendants, may qualify for Italian citizenship by residency with a reduced requirement of 2 years. For foreign nationals born in Italy, the required period of legal residence is 3 years.
EXAMPLE: Paul, who was born in San Francisco and currently lives there, has an Italian mother who acquired US citizenship in 1980; hence she renounced to her Italian citizenship. Paul can obtain Italian citizenship by taking residency in Italy and living continuously there for 2 years – satisfying this time requirement he could apply for Italian citizenship by reduced terms (under art. 9, Law 74/2025).
If you have any doubts, please contact info@mazzeschi.it, our citizenship team would be glad to assist you.
This article was written by Giuditta De Ricco and Valentina Giannessi.
This article is posted by Mazzeschi Web Content Manager. Should you need any further information, please do not hesitate to contact us at info@mazzeschi.it. Follow us on social media @StudioMazzeschi to receive the latest updates.
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