Obtaining Italian citizenship can be a complex and highly regulated process. Italian nationality law is primarily governed by Law No. 91 of 1992, which outlines the fundamental principles for citizenship recognition in Italy. Over the years, significant updates have been introduced, most recently by Decree-Law No. 36/2025, converted into Law No. 74/2025, which brought important changes for both individuals born abroad and those seeking to reacquire lost citizenship.
Understanding the different pathways, requirements, and procedures is essential for anyone planning to secure Italian citizenship legally and efficiently.
Ways to Acquire Italian Citizenship
Italian citizenship can be obtained through various channels:
- Descent from an Italian ancestor (ius sanguinis);
- By benefit of law (minors born abroad);
- Reacquisition, through declaration under Art. 17 or residence under Art. 13;
- Marriage or civil union (Law of March 8, 2006, No. 124);
- Residence (Art. 9 of Law No. 91/1992);
- Other residual cases (Law of March 8, 2006, No. 124).
Each pathway has specific legal requirements, documentation, and processing times. Understanding these details is critical to avoid delays or rejection.
Italian Citizenship by Descent (Iure Sanguinis)
The principle of ius sanguinis represents the most common form of acquiring Italian citizenship. Under the law, the child of an Italian citizen automatically acquires citizenship at birth, regardless of the place of birth. However, for individuals born abroad, the law sets certain limitations, particularly for those who possess a foreign citizenship.
According to Law 91/1992, as amended by Decree-Law 36/2025, converted into Law 74/2025, the following individuals are recognized as Italian citizens iure sanguinis (from birth):
- Applicants born in Italy to an Italian father or mother (Art. 1, Law 91/1992);
- Applicants who hold exclusively Italian citizenship — that is, they do not have and cannot obtain any other citizenship (Art. 3-bis, paragraph 1, Law 91/1992);
- Applicants recognized, according to the law in force on March 27, 2025, based on an administrative or judicial application submitted by 11:59 p.m. (Rome time) on March 27, 2025 (Art. 3-bis, letters a, a-bis, b, Law 91/1992), or based on an application filed with an appointment scheduled by the same deadline;
- Applicants who have a parent or grandparent who possesses — or possessed at the time of death — exclusively Italian citizenship (Art. 3-bis, paragraph 1, letter c, Law 91/1992);
- Applicants with an Italian citizen parent (including adoptive parent) who resided in Italy for at least two consecutive years after acquiring Italian citizenship and before the child’s birth or adoption (Art. 3-bis, paragraph 1, letter d, Law 91/1992).
To obtain recognition of citizenship by descent, applicants may file an administrative or judicial request, indicating their relationship to the Italian ancestor. It is important to remember that even descendants of Italian citizens living abroad must comply with the new conditions introduced by Art. 3-bis of Law 91/1992, under which citizenship may not be automatically recognized if no concrete ties with the national community exist.
Citizenship by Benefit of Law
The benefit of law allows minors born abroad to acquire Italian citizenship in cases where they do not fall under the criteria of ius sanguinis. This procedure is particularly relevant for minors who, despite having Italian parents, do not automatically acquire citizenship at birth.
According to Law 91/1992, as amended by Decree-Law 36/2025, converted into Law 74/2025, minors born abroad to a parent who is an Italian citizen at birth — but who does not automatically transmit citizenship — may acquire Italian citizenship by benefit of law in the following cases:
- If at least one parent is an Italian citizen by birth (even if holding another citizenship) and both parents submit a declaration expressing their will for the child to acquire Italian citizenship within one year from the child’s birth or from the date on which parentage, including adoptive parentage, is established (Art. 4 paragraph 1-bis of Law 91/1992);
- If the minor was underage on the date of entry into force of Law 74/2025 (i.e., underage on May 24, 2025), is a child of an Italian citizen by birth recognized on the basis of an application (administrative or judicial) filed by 11:59 p.m. (Rome time) on March 27, 2025, or based on an application filed with an appointment scheduled by the same date (letters a, a-bis, b of Art. 3-bis, paragraph 1, Law 91/1992), and the declaration of intent is filed by May 31, 2026. If the individual becomes an adult before this date, they must personally file the declaration within the same deadline.
In these cases, citizenship does not take effect at birth but from the day following the declaration submitted at the competent Consulate. This ensures that minors can still legally and properly acquire Italian citizenship.
Reacquisition of Italian Citizenship
Since August 16, 1992 (the date Law 91/92 came into effect), acquiring a foreign citizenship no longer results in the automatic loss of Italian citizenship, unless the Italian citizen formally renounces it (Art. 11, Law 91/92), except where international agreements apply.
Reacquisition of citizenship is reserved for individuals who lost it in the past by naturalization or renunciation, provided the loss occurred before August 16, 1992. The main methods of reacquisition are:
- Declaration under Art. 17, submitted at the Consulate or Municipality of residence, for individuals born in Italy or who resided in Italy for at least two consecutive years and wish to regain citizenship previously lost;
- Reacquisition through residence under Art. 13, applicable to those who meet the requirements for continuous residence in Italy.
These procedures allow individuals to recover the civil and political rights linked to citizenship and reintegrate into Italian civic life.
Citizenship Through Marriage or Civil Union
The acquisition of citizenship by a foreign or stateless spouse who marries an Italian citizen on or after April 27, 1983, is currently governed by Law No. 91 of February 5, 1992 (Articles 5–8) and subsequent amendments. Foreign citizens who enter into a civil union with an Italian citizen may also apply (Legislative Decrees 5, 6, and 7/2017).
Under Art. 5 of Law 91/1992:
A foreign or stateless spouse may acquire Italian citizenship when, after the marriage:
- They have legally resided in Italy for at least two years, or
- Three years have passed since the date of marriage if residing abroad,
provided the marriage has not been dissolved, annulled, or civilly terminated, and there is no separation between the spouses at the time of issuance of the decree.
These terms are reduced by half in the presence of children (biological or adopted). The law also provides that if the Italian spouse acquired Italian citizenship through naturalization, two years must pass from the spouse’s oath.
Citizenship by Residence
Acquiring Italian citizenship by residence is a form of naturalization under Article 9 of Law 91/1992. Eligible foreign citizens may obtain Italian citizenship after a period of legal and continuous residence in Italy, subject to specific requirements. Citizenship is not automatic: a formal application and the subsequent decree of concession are required.
Main requirements:
- Continuous legal residence in Italy for a minimum period (10 years for non-EU citizens, 4 years for EU citizens, 5 years for refugees or stateless individuals, and 3 years for stateless residents);
- Sufficient income to support oneself and dependent family members, proven with tax declarations and certifications;
- Good civil and moral conduct, demonstrated through Italian and, if requested, foreign criminal records;
- Knowledge of the Italian language at least at B1 level of the CEFR.
Recognition for Istria, Fiume, and Dalmatia Natives
Under Law 124 of March 8, 2006, Italian citizenship is recognized for nationals who lived between 1940 and 1947 in Istria, Fiume, and Dalmatia and lost citizenship when those territories were transferred to the Yugoslav Republic under the Paris Treaties (February 10, 1947), as well as for their descendants.
This provision is a special mechanism meant to safeguard the historical and cultural rights of Italian citizens who lost nationality due to geopolitical events, ensuring continuity of citizenship for future generations.
Why You Need an Expert Italian Citizenship Lawyer
Obtaining Italian citizenship can involve complex procedures and detailed legal requirements. Relying on a lawyer specialized in Italian citizenship is essential to ensure that each phase of the application is handled correctly — from gathering the required documentation to submitting the application and obtaining the final decree.
A qualified law firm can prevent errors that might delay or jeopardize the recognition of citizenship, offering personalized support both to residents in Italy and those living abroad.
If you need assistance in applying for Italian citizenship — whether by descent, marriage, naturalization, or reacquisition — contact Mazzotta Law Firm. Our team of experts will guide you step by step through the process, ensuring compliance with all legal requirements and complete management of the necessary documentation, with the utmost professionalism and care.