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The NEW 2-Year Path to Italian Citizenship Explained (Even if Your Jure Sanguinis Line Is Broken)
November 12, 2025
A new pathway to Italian citizenship is creating both opportunity and confusion, especially for those with Italian parents or grandparents who cannot qualify through traditional Jure Sanguinis because the bloodline was “broken” by naturalization. In this conversation, Dominic and Italian attorney Marco Maria Bruno break down the 2-year residency path introduced under the 2025 amendments to Law 91/1992. This pathway is not Jure Sanguinis; it is a naturalization route, but one that is only available to people with proven Italian ancestry. You’ll learn: • Who qualifies for the 2-year residency track • Why this option is not a “backdoor” Jure Sanguinis (and why people are confused) • The four pillars of eligibility: residency, clean criminal record, financial requirements, and language • What documents you need to prove Italian ancestry • Whether ancestor naturalization timing matters (spoiler: it doesn’t affect this path) • Which visas count toward your 2 years — digital nomad, elective residency, work visa, and more • How the upcoming “facilitated work visa” for those with Italian ancestry is supposed to work • Whether you can travel, move cities, or change residency during the process • What happens to minor children who live with you during these two years • Realistic timelines once you apply for naturalization This is one of the clearest explanations available online of what the new law actually provides, and what it doesn’t.
Italian Citizenship for Minors: How Children Are Automatically Included When You Naturalize
Italian Citizenship for Your Kids: Do Minor Children Automatically Qualify?
Italy Citizenship: “2 Years Continuously” Explained
Moving Your Residency in Italy: What Actually Happens Behind the Scenes
New 2025 Rule: Italian Citizenship Even If Your Ancestor Naturalized Early
Italian Citizenship 2025: Which Visas Count Toward the 2-Year Requirement?
Italian Citizenship: The REAL Requirements for the 2-Year Path
Is the 2-Year Rule a Backdoor to Italian Citizenship? Here’s the Reality.
🇮🇹Italian Citizenship: Upcoming Legal Challenges🇮🇹
November 10, 2025
Ciao a tutti,
There's significant confusion and rapid legal developments happening right now regarding Italian citizenship by descent (Jure Sanguinis). Legal proceedings are in motion, and events are evolving quickly.
The Key Legal Issues
Here's a breakdown of the current challenges and legal proceedings:
1) The Minor Issue: A recent interpretation change regarding children who were minors when an Italian parent naturalized in a jus soli (birthright citizenship) country.
2) The Tajani Decree: A new law restricting claims beyond a grandparent and requiring the ancestor to have been exclusively Italian.
Some additional considerations to be aware of:
3) Potential Risk: The possibility of a future, constitutionally sound "new-new" law.
4) Filing Strategy: The importance of filing a legal case soon to preserve your options.
The 'Minor Issue'
The "Minor Issue" centers on the reversal of long-standing legal precedents. Historically, an Italian child born in a jus soli country (like the U.S.) was considered to have kept their Italian citizenship even if their Italian parent later naturalized as a U.S. citizen while the child was a minor.
The Change: In October 2024, the Ministry of the Interior reversed this interpretation, now treating all minor children the same: if the Italian parent naturalized, the minor child loses their Italian citizenship.
Key Point: This is a sudden interpretation change, not a change in the letter of the law, and it overturns over 100 years of established case law.
Next Steps: The Italian Supreme/Cassation Court will hear a case on this issue in 2026, which experts believe will reinstate the previous interpretation.
I recently discussed this issue in depth with leading Italian immigration attorney Marco Mellone, video below
Full interview with Marco Mellone: YouTube
Most relevant shorts:
The 'Tajani Decree' aka The New Law
The Tajani Decree is the new law that primarily blocks citizenship claims extending beyond a grandparent. It also requires the Italian immigrant ancestor to have been exclusively Italian at the time of the applicant's birth.
Constitutional Court
Legal Challenge: Several judges have already referred challenges to the Constitutional Court, which has accepted them. This is a very fast timeline for the Italian judicial system.
Expected Timeline: A case will be heard, likely in early 2026. Many other cases are currently suspended awaiting this decision.
Expert Consensus: Leading attorneys believe the law is unconstitutional in multiple facets. The most obvious vulnerability is the immediate revocation of Italian citizenship without warning, which is expected to be struck down.
The likely outcomes of the challenge are:
Option A: The immediate retroactivity component is struck down and the new law only applies to those born on/after March 28, 2025.
Option B: The courts open an amnesty window for affected individuals to file an application.
One-year has been mentioned as a possible option. Those who do not begin collecting documents before this verdict risk of not being ready to file by the deadline.
European Court of Justice
Conversations are taking place at the European Court of Justice (ECJ) as this law may violate EU charters, specifically concerning the mass revocation of citizenship without reviewing individual cases. See Video 'D' below.
Regional Administrative Court of Lazio (TAR Lazio)
From Avv. Michele Vitale:
“An interesting appeal has been lodged at the Regional Administrative Court of Lazio (TAR Lazio) against the Ministry of the Interior’s circolare is set for a public hearing on November 12, 2025, and raises questions about the rights of minors born abroad to Italian parents.
The TAR cannot rule on a law’s constitutionality, three scenarios are possible:
Dismissal or Inadmissibility: The court could find that the complaints are fundamentally about Law 74/2025, not the circular, and dismiss the case.
Partial Acceptance: The TAR could annul specific parts of the circular if it finds any provisions that add requirements not explicitly mentioned in the law.
Referral to the Constitutional Court: The most significant outcome. The TAR could agree that the underlying law raises serious constitutional questions and refer the case to the Constitutional Court, joining other courts in seeking a definitive ruling on the new law’s constitutional legitimacy.
Potential Risk: A 'New-New' Law
It's likely that the Italian government is watching the legal challenges and learning how to craft more constitutionally sound legislation if the Tajani Decree is overturned.
Current Status: As of today, a "new-new" law does not exist in any official format, nor are there active rumors of one being drafted. The Italian legislature is also notoriously slow and dysfunctional.
Relevant short videos:
Filing a Legal Case to Preserve Options
This is a personal risk-vs-reward decision.
Filing Strategy: Many cases are being filed to challenge the new restrictions, often leveraging the precedent of a "1948 case." A 1948 case originally applied to claims through a female ancestor whose child was born before January 1, 1948, requiring a court filing to bypass the discriminatory old law. Today, this avenue is being used to get cases heard in court.
Judicial Latitude: In the Italian justice system, judges have wide latitude to make decisions, even if they go against the strict letter of the law. Many judges are sympathetic to applicants and disagree with the new restrictions.
Fast Courts: Courts like Campobasso have already ruled favorably on several of these cases and are known for being fast.
⚖️ The Critical Filing Scenario
Consider this scenario and why filing early may matter:
Today: You file a case.
Tomorrow: The government seeing the new/Tajani law vulnerabilities passes an entirely new-new law that’s conditionally valid.
Day after tomorrow: The Tajani law & Minor Issue are both ruled on in a way that makes your path valid.
Relevant Short: YouTube
The laws you have to fight against are those on the day you file. If your case was filed before the new-new law took effect. Filing a case may allow you to slip between the cracks of any additional new restrictive legislation.
📹 Video Links
A) My Interview with Italian Attorney Marco Mellone predominantly on the Minor Issue:
B) My Interview with Francisco Leiva of Restanio Law:
C) Bersani Law video with an excellent overview of the current the situation
D) Video discussing possible violation of EU law due to mass stripping of citizenship without individual consideration
This is in Portuguese, click the gear icon on the video for English subtitles.
🇮🇹Marco Mellone: The Man Fighting for Your Italian Citizenship!🇮🇹
October 30, 2025
Forget the introductions—you already know the name! I’m thrilled to welcome the undisputed heavy hitter of Jure Sanguinis law, Marco Mellone , live on the stream! Marco is the attorney on the front lines, personally leading the charge in the most critical Italian court battles our community has ever faced. He's here to give us the exclusive, inside track on the upcoming cases that could shatter or save the citizenship dreams of thousands: -The Supreme Court Showdown on the dreaded "Minor Issue." -The Constitutional Court Challenge against the restrictive Tajani Law. This isn't just news; it's a direct report from the legal battlefield that determines your right to Italian heritage. You do not want to miss this! – THE MINOR ISSUE: Supreme Court Showdown The Italian Supreme Court (Corte di Cassazione, United Sections) just scheduled the hearing for the 'Minor Issue'. This case determines if an entire generation of descendants lost their Italian citizenship simply because their ancestor was a minor when their parent naturalized abroad. Marco will explain exactly how this ruling could instantly open or close your citizenship path. THE TAJANI LAW CHALLENGE: Constitutional Court Battle We'll get an exclusive look at the legal strategy behind the upcoming challenge to the restrictive new (Tajani) law (Law 74/2025). This law retroactively stripped the right to citizenship from many applicants beyond the grandparent generation. Marco is a lead attorney challenging the constitutionality of this law and will provide insight into the fight to restore the original, unrestricted Jure Sanguinis right. Don't miss this chance to hear directly from the attorney fighting for our rights in Italy!
Why Filing Your Italian Citizenship Case Now Protects You From Future Law Changes
This principle is central to the resolution of the so-called “minor issue" Italian Dual Citizenship
Italian Dual Citizenship Case: Can You Add Minor Children After a Court Filing?
Confidence is high that this ruling will finally resolve the so-called “minor issue"
Filed March 28, 2025? Your Jure Sanguinis Case Could Still Follow the Old Law
Minor Issue Struck Down? What Happens to Consulate Rejections Now?
New Laws? File Now? Why Timing Matters for Jure Sanguinis
How to Get Your Italian Visa: Digital Nomad & Elective Residency Explained with Marco Bruno
October 9, 2025
Dreaming of living la dolce vita in Italy? In this edited recap, Italian attorney Marco Bruno joins me to walk you through everything you need to know to secure your Italian digital nomad or elective residency visa. We break down each step — from the necessary documentation and income requirements to finding an apartment, understanding timelines, and even bringing your family. Whether you’re planning a short-term stay or a long-term move, this guide will help you prepare for your Italian adventure with confidence.
New Pathways to Live and Eventually Get Citizenship in Italy
Italy Visa Application: Why Accommodation Proof Can Be Complicated
Digital Nomad Visa for Italy: Key Requirements You Should Know
Does Time on Italy’s Digital Nomad Visa Count Toward Citizenship? 🇮🇹
Inside the 2025 Jure Sanguinis Conference with Francisco Leiva | Restanio Law Recap
October 3, 2025
A conversation with Francisco Leiva of Restanio Law recapping the highlights from the Jure Sanguinis Conference, held on August 2, 2025, at the University of Siena. Discussion covers the key insights, major takeaways, and future implications for citizenship law that emerged from the event. Featuring contributions from some of the field’s most respected professionals — attorneys, lawmakers, and constitutional experts — they are dedicated to restoring your Italian citizenship by descent.
Italian Supreme Court May Soon Redefine Citizenship by Descent
The Real Origin of the “Minor Issue” in Italian Dual Citizenship
Understanding the Cassation Court: Why United Section Rulings Set Legal Precedent in Italy
Why the “Minor Issue” Matters in Italian Dual Citizenship Law
What To Do If Your Italian Citizenship Case Is Pending
Italian Attorney Explains Why Timing Is Critical for Italian Citizenship Cases
Italian Citizenship by Descent Update
September 4, 2025
August has passed, and Italy is reluctantly returning to the office.
While there were no substantial developments, a lot of great commentary and insights came from some top Italian immigration attorneys. Summaries below and links in the comments.
The most impactful excerpt is from Arturo Grasso, paraphrasing: Top attorneys all believe courts will reject retroactive deprivation, likely restricting the decree’s effect to those born after the cut-off date, and reaffirming parentage as the sole criterion for citizenship.
In simple terms, top attorneys are in consensus: The retroactivity portion of the Tajani Decree (New Law) will be struck down or removed and it's very likely the minor issue will become a non-issue.
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Top attorneys also agree that in the uncertain environment it’s in your best interests to file a legal challenge as soon as possible. But, if retroactivity is going away, why the need for an attorney?
Filing a case preserves the greatest number of options for your family. Going to court might not be necessary, but if you wait, you won’t know until it’s too late.
The Tajani Decree came out of nowhere—those who filed before March 28 are not subject to the New Law’s restrictions. The laws your case is judged against are those in effect on the day you file. If you were to file today, any additional legislation passed afterward does not apply to your case.
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Example:
Scenario #1: You file your case today.
Scenario #2: You do not file a case.
Next week, the Italian legislature passes another new restrictive law (New Law #2). Assume that New Law #2 blocks your path to Italian citizenship and is constitutionally solid.
Some time later, retroactivity in the Tajani Decree (New Law #1) is ruled unconstitutional.
Scenario #1 very likely has a legitimate claim, as they filed their citizenship case before restrictive New Law #2 came into effect.
Scenario #2 could be entirely out of luck.
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My advice is: If Italian citizenship is very important to your family and you have the means to do so, file a case.
For those that don’t have their documents or even know if they have a valid path to citizenship, take the appropriate next steps. Not sure what those steps are? Let’s discuss.
Have questions about your specific circumstances? Let’s find a time to talk..
Interview with Arturo Grasso
This 3 part interview is long, nearly 90 minutes combined but well worth watching if you want to get deep into the legal details.
TLDR: The most important points focus on the minor issue, retroactivity of the Tajani Decree, and their impact on Italian citizenship by descent. The Supreme Court and Constitutional Court reviews are set to determine whether restrictive interpretations will block applications retroactively or uphold citizenship as a birthright linked strictly to parentage rather than consular recognition or procedural technicalities.
Minor Issue—Supreme Court Review
Italy’s Supreme Court (Corte di Cassazione) is now reconsidering the approach. Legal experts, including Grasso, expect a reversal of current restrictive interpretations, which would reopen eligibility for many affected families .
Optimism is high that, after recent hearings and prosecutorial shifts in stance, blocked cases may soon be favorably reconsidered .
Retroactivity of Tajani Decree (Law 74/2025)
A core controversy is whether the new law and Tajani decree can be applied retroactively to strip citizenship from those born before March 28, 2025, or who did not previously file or get consular recognition .
Both the July 31st Constitutional Court decision and ongoing Turin case referral are scrutinizing if citizenship rights, considered a fundamental and birthright, can be limited by after-the-fact procedural requirements .
Top attorneys believe courts will reject retroactive deprivation, likely restricting the decree’s effect to those born after the cut-off date, and reaffirming parentage as the sole criterion for citizenship .
Lawyers advise affected persons to prepare documentation in anticipation of a positive verdict, as any window of eligibility may prompt a flood of new cases .
Status of 1948 Cases
Though some expected the decree to eliminate the need for 1948 cases (based on pre–March 28 parentage), court precedent and constitutional principles (equality of gender, rights expansion) mean such cases remain viable for the foreseeable future.
Arturo Grasso Series:
Part 1) https://www..com/watch?v=2AYEw1OVhxM
Part 2) https://www..com/watch?v=-ggSG13EWKM&t=3s
Part 3) https://www..com/watch?v=g-uvpDcFzD4
Italian Citizenship By Descent: The Battle of All Battles is WON! 🇮🇹
Italian citizenship attorney Marco Bersani discussed the landmark victory for those seeking Italian citizenship by descent (jure sanguinis) following the July 31, 2025 decision by the Italian Constitutional Court.
Italy’s Constitutional Court ruled that citizenship by descent is a birthright and cannot be limited by additional requirements or retroactive laws, greatly benefiting those born before March 2025 and making future citizenship claims far more secure.
Court Ruling Significance
The Italian Constitutional Court’s Sentence No. 142/2025 asserts that citizenship by descent is acquired at birth, unlimited by generational count, and cannot require extra proof of connection (such as language knowledge or heritage ties) beyond direct lineage.
Attempts by local courts to impose a “genuine link” or further requirements were rejected; only Parliament can legislate on citizenship, and such laws must not be arbitrary or surprise restrictions.
Impact on Law 74/2025
The July 31 decision did not directly review Law 74/2025 (Tajani decree), but its firm validation of jure sanguinis provides strong support for upcoming constitutional challenges to the new rules.
Applicants born before March 2025 remain eligible under the old law, regardless of when they apply—their rights accrue at birth, unaffected by subsequent legislative changes.
Those with pending cases under old rules, or those concerned about the new law, can proceed confidently; courts and authorities must abide by the Constitutional Court’s precedent.
What to Do Now
Legal experts encourage eligible individuals to file applications immediately, especially since courts are backlogged with thousands of cases.
The recommendation is for all applicants to seek legal advice and begin their court or consular process without delay, as the ruling makes success highly likely for eligible descendants.
Bersani Video: https://www..com/watch?v=MhVLoy-ffDI
🇮🇹Court decision paves the way for judgment against new Italian citizenship law. The ruling confirms the right of blood and strengthens the legal basis for a new challenge.
August 4, 2025
Ciao a tutti,
An extremely important decision was handed down by Italy’s Constitutional Court on Friday, with far-reaching implications. Below are summaries of two of the best information sources I’ve found regarding the ruling.
A simplified overview: Jure Sanguinis (Italian citizenship by descent) through unlimited generations was ruled constitutional—this is very important. This ruling primarily benefits those who applied before the new law and had their cases suspended pending this decision. Their cases can now move forward under the old rules.
There is also plenty of positive indicators to be optimistic about if your path was cut off by the Tajani law, details below.
If you want to discuss how this impacts your specific circumstances or if your path is still valid, click the red buttons (above/below)!.
Andiamo! (Let's Go!)
1) Court decision paves the way for judgment against new Italian citizenship law
The ruling confirms the right of blood and strengthens the legal basis for a new challenge.
The Italian Constitutional Court ruling no. 142/2025 confirmed the validity and constitutionality of Italian citizenship by descent for all applications filed before the new restrictive law took effect on March 28, 2025. The Court rejected attempts to limit citizenship recognition based on lack of territorial ties to Italy or alleged threats to democracy, reaffirming that citizenship is a permanent birthright through the bloodline and can be recognized at any time with proof of descent.
The Court emphasized Parliament's legislative autonomy but warned that new citizenship laws must respect constitutional principles. Cases suspended in courts must resume under the previous, more permissive rules. The decision lays a strong legal foundation to challenge the newer restrictive legislation in upcoming trials around late 2025 and early 2026.
Two key passages in the decision:
“It is up to the legislator to define the criteria for acquiring the status of citizen, but it is up to this Court to verify — in light of the absence of manifest unreasonableness and disproportionality — that the rules regulating citizenship do not deviate from constitutional principles.”
“What is required of this Court is an extremely complex manipulative intervention, which would involve largely discretionary choices and with strong repercussions on the system.”
The court has signaled that they are watching, they will ensure constitutional principles are upheld. However the legislature has exclusive domain over drafting and passing citizenship laws.
The most important points:
The Court confirmed the constitutionality and validity of Italian citizenship by descent (jure sanguinis) for cases filed before the new restrictive Tajani Decree (Law No. 74/2025), which was enacted on March 28, 2025.
It rejected attempts to limit citizenship recognition based on lack of territorial ties to Italy or claims that it threatened democracy, affirming that citizenship is inherited permanently and 'imprescriptible' through the filiation bond.
The ruling reaffirmed that citizenship acquired by descent can be recognized at any time by simple proof of birth to an Italian citizen.
The Court emphasized that while Parliament has legislative autonomy to regulate citizenship, it must respect constitutional principles, and the Court will check for manifest unreasonableness or disproportionality.
The Court declined judicial intervention to change citizenship rules, deferring such changes to legislation rather than courts.
The new Law 74/2025, which imposes restrictions on citizenship transmission (such as generational limits and residency criteria), remains to be judged separately in upcoming trials between late 2025 and early 2026.
For processes started before March 27, 2025, the previous rules continue to apply, and suspended cases in courts like Bologna, Rome, Milan, and Florence must resume under those earlier criteria.
2) TOGETHER LIVE | Finally, the sentence!
Youtube video features a detailed analysis of the Italian Constitutional Court ruling (Sentence no. 142/2025) on Italian citizenship by descent. Below is a summary of the most important facts, opinions, and statements from respected Italian immigration attorneys Monica Lis Restanio and Marco Mellone.
The most important points of the video:
The ruling confirmed that citizenship by descent is a fundamental right acquired at birth, permanent and imprescriptible, and it cannot be overridden by political or judicial attempts to impose additional requirements such as residence in Italy or cultural ties.
The Court declared inadmissible or unfounded the challenges that sought to limit citizenship recognition based on lack of territorial ties, threatening democracy or popular sovereignty, affirming that these issues fall under Parliament's legislative autonomy but must respect constitutional principles.
Importantly, the ruling protects all citizenship claims filed before March 28, 2025, under the previous (less restrictive) legal framework, ensuring these cases will proceed without new limitations.
Monica Lis Restanio
Restanio made an emotional and historic defense of Italian citizenship rights for descendants born abroad, emphasizing it as a generational and historical duty of recognition for families preserving Italian identity abroad.
She described citizenship as involving both a family bond to Italy and the right to preserve citizenship unless voluntarily renounced.
She condemned the administrative attitude treating citizenship as a discretionary concession rather than a binding right.
She accused Decree-Law 36 of 2025 of legalizing restrictive practices that undermine a long-standing, original, non-negotiable right and of using media disinformation that humiliates Italians born abroad.
She warned about ongoing political obstructions and new laws that centralize and complicate citizenship recognition, increasing delays and legal barriers.
She urged applicants to prepare for a complex legal battle rather than an easy process given the political and bureaucratic resistance.
Marco Mellone
Mellone considered the Constitutional Court ruling very positive, as it rejected constitutional challenges that questioned the validity of the traditional citizenship by descent law predating March 28, 2025.
He explained that the Court made clear judges cannot impose new requirements (residency, cultural ties) beyond lineage to determine citizenship rights.
Mellone noted that the Court declared inadmissible or unfounded the constitutional questions raised concerning citizenship transmission by descent.
He emphasized that the previous citizenship law remains valid for all cases filed before the new law's effective date, saving millions of citizenship recognitions from retroactive restriction.
Mellone mentioned that the Court distinguished citizenship by descent from naturalization, underscoring that citizenship by blood is a distinct and protected legal status.
He acknowledged that further legal challenges loom regarding the new restrictive law (Law 74/2025), with future court hearings planned, especially related to retroactive loss of citizenship.
Mellone warned about judicial inconsistencies before this ruling, where some lower judges sought to impose extra-legal conditions on applicants, creating legal uncertainty.
Mellone encouraged celebratory yet cautious optimism and advised claimants to be persistent and prepared for continued challenges.
He also highlighted that the ruling brought the issue of jus sanguinis citizenship into greater public legal awareness and recognized it as a fundamental birthright status.
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