Tag: Italy

Constitutional Court to rule on ‘Tajani Decree’ restricting Italian citizenship by descent

Read more at Visa HQ.

On 11 March the Italian Constitutional Court will hear challenges to Legislative Decree 36/2025—nick-named the ‘Tajani Decree’—which limited jure sanguinis citizenship claims to applicants with an Italian parent or grand-parent. (en.italiani.it) Several lower courts have referred questions on equality and retroactivity, arguing that the generational cap violates Articles 3 and 24 of the Constitution.

Until 2025, descendants of Italians could seek recognition regardless of generation, provided the line of citizenship had never been interrupted. The new law abruptly excluded millions of third- or fourth-generation Italo-descendants, particularly in Argentina, Brazil and the United States, and prompted a surge of last-chance filings at Italian consulates worldwide.

If the Court strikes down the limit, consular posts and Italian town halls (comuni) could face a renewed wave of applications and back-office verifications—already stretched after pandemic-era backlogs. Immigration lawyers predict case-volumes could triple within 18 months, pressuring municipalities to digitise civil-registry archives and extend appointment hours.

For anyone who may need to travel to Italy quickly—whether to file documents before deadlines or to explore alternative residence options—VisaHQ can simplify the practicalities. Through its dedicated Italy page (https://www.visahq.com/italy/), the platform streamlines visa applications, offers document-legalisation guidance and provides up-to-date entry requirements, helping applicants, lawyers and mobility managers stay focused on the substantive citizenship or permit strategy rather than paperwork logistics.

Conversely, if the decree is upheld, thousands of pending petitions will be rejected, and many diaspora Italians may pivot to residence-by-investment or elective-residence routes. Mobility managers with talent pipelines from South America should map alternative work-permit options in advance.

A ruling is expected by late April; its effects will be erga omnes, automatically applying to all similar cases. Stakeholders should monitor the Court’s streamed hearing and prepare client communications the same day.

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Italy curbs citizenship rules to end tenuous descendant claims

*This is reported by Reuters.

 Italy’s government tightened its citizenship laws on Friday, preventing people from delving deep back into their family history to try to claim a much sought-after Italian passport.

Under existing rules, anyone who can prove they had an Italian ancestor who was alive after March 17, 1861, when the Kingdom of Italy was created, can seek citizenship.

However, Foreign Minister Antonio Tajani said the system was being abused, with would-be Italians swamping consulates abroad for requests for passports, which provide visa-free entry to more countries than almost any other nationality.

As a result, in future only individuals with at least one parent or grandparent born in Italy, a European Union member state, will automatically qualify for citizenship by descent.

“Being an Italian citizen is a serious thing. It’s not a game to get a passport that allows you to go shopping in Miami,” Tajani told a press conference.

The foreign ministry said there had been a surge in people abroad being granted citizenship, particularly in South America, where millions of Italians emigrated in the 19th and 20th centuries, often to escape grinding poverty back home.

Between 2014 and 2024, the number of Italians living abroad rose by 40%, from 4.6 million to 6.4 million, many registering thanks to their newfound nationality. In Argentina alone, citizenship recognitions jumped to 30,000 in 2024 from 20,000 in 2023, while Brazil saw a rise to 20,000 from 14,000.

Tajani said companies were making a fortune by helping people track down their long-forgotten ancestors and seek birth certificates needed for applications – clogging up municipal offices with their demands for documentation.

“We are striking down very hard against those who want to make money from the opportunity of becoming an Italian citizen,” Tajani said, adding that in future, nationality requests would be handled directly in Rome to free up overburdened consulates.

Italy has a population of around 59 million, which has been shrinking for the past decade. The foreign ministry has estimated that under the old rules, 60 to 80 million people worldwide were eligible for citizenship.

Prime Minister Giorgia Meloni has previously suggested that Italy could overcome its demographic decline by seeking Christians of Italian ancestry from nations like Venezuela.

Critics of ancestry-based citizenship say it is grossly unfair, offering nationality to people who had no meaningful connection with Italy.

By contrast, the children of migrants born and raised in Italy who speak Italian fluently, have to wait until they are 18 before being able to apply for a passport.

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