Circolare No. 26185: Guidance for Italian Citizenship Applications
- Jennifer Sontag
- May 30
- 5 min read
Avvocato Alberto Lama, an Italian-qualified lawyer with over 15 years of experience in civil, commercial, and international law, specializes in Italian citizenship cases, particularly those involving jure sanguinis and via materna.
Avvocato Lama has prepared this analysis of the new Circolare n. 26185 of May 28, 2025. This crucial directive from the Italian Ministry of Interior provides practical guidance to civil registry officials, directly impacting the process of acquiring Italian citizenship. This document outlines the key changes and clarifications introduced by the Circolare, explaining how these provisions will shape future applications.
Circolare No. 26185: Guidance for Italian Citizenship Applications
The new Circolare n. 26185 of May 28, 2025, aims to provide practical indications to civil registry officials.
It's important to note that although the Circolare will be used by the Comuni to direct their civil registry operations, it is only an administrative act and, therefore, does not bind the Courts that deal with citizenship recognition cases.
The Circolare primarily addresses documents that civil registries should request or accept and clarifies in more detail some of the requirements set forth by the new law.
Clarifications Regarding New Article 3-bis of Law 91/92
The Ministry clarifies the following points concerning the new Article 3-bis of Law 91/92:
Evaluation of Documents for Requests Filed Within March 27, 2025: Only the integration of formal deficiencies may be permitted, provided that such deficiencies are remedied before the final decision is made (e.g., missing or inaccurate translations; absence of a civil status document related to events that do not directly affect citizenship). Accordingly, the provisions contained in Circular K28.1 of April 8, 1991, may continue to apply. In the case of a minor child, for whom an application for the transcription of the birth certificate was submitted by an Italian citizen who had previously been recognized as such within March 27, 2025, the conditions referred to in letters a) and a-bis) apply.
Exception of Letter c) (Grandparent or Parent Has/Had Only Italian Citizenship): The Ministry clarifies that the moment to be considered is the birth of the claimant. It must be ascertained with documents (e.g., no naturalization certificates, no renunciation, no registration to vote, or other relevant documents) that the grandparent or parent was solely Italian at the time of the claimant's birth. Self-declarations pursuant to DPR 445/2000 are not deemed sufficient.
Exception of Letter d) (Residency in Italy of a Parent): The Ministry clarifies that the parent must have been resident in Italy for a continuous period of at least two years after obtaining Italian citizenship and before the claimant was born. The required evidence is the "certificato storico di residenza" from the Comune where the parent was residing.
Amended Article 4 of Law 91/92 Concerning the Acquisition of Citizenship by "Benefit of Law": The Ministry clarifies that this possibility applies only to adults whose grandparent or parent is or was Italian by birth and who have been residing in Italy for at least two years before becoming adults. They also have to declare their intention to acquire Italian citizenship within one year of becoming an adult. For minors born abroad from parent(s) that do not automatically transmit Italian citizenship, the minor can obtain it by benefit of law if the parent is effectively Italian by birth (all other cases are excluded, e.g., by marriage, naturalization, benefit of law, or iuris communicatione). Both parents must file a specific request, and either the minor must reside in Italy for at least two years, or the parents must file the request within one year from birth or from the recognition as son/daughter.
Minor Children Already Born Before March 28, 2025, Whose Parent(s) Have Been Recognized as Italian by Birth Before March 27, 2025: The declaration by the parent(s) to trigger citizenship by benefit of law can be filed by May 31, 2026. If the minor becomes an adult in the meantime, they must file the request on their own.
It's worth noting that the Ministry specifies that the formal declarations for acquisition through benefit of law or reacquisition (Article 14 of Law 91/92) must be done in person before the civil registry official. This might create an additional burden on the claimant, who will be forced to appear in person before the civil registry. With respect to Consulates, it remains to be seen how a certain number of appointments will be dealt with, considering the usually long waiting times and the tendency to avoid in-person appointments, at least since the Covid pandemic.
Brief Summary of the Circolare
1. Provisions on Citizenship for Individuals Born Abroad (i.e., Outside of Italy)
Main Point: The new Article 3-bis of Law No. 91/1992 introduces a prohibition on the automatic acquisition of Italian citizenship for individuals born abroad who hold another citizenship.
Key Amendments:
Individuals born abroad who hold another citizenship no longer automatically acquire Italian citizenship by iure sanguinis.
Specific exceptions (letters a, a-bis, b, c, d) are provided, allowing acquisition under defined circumstances.
The rule applies retroactively to individuals born before its entry into force.
Comment: This is the most significant amendment of the reform, drastically limiting the automatic transmission of citizenship to the descendants of Italian emigrants. The rationale is to curb the phenomenon of so-called "convenience citizenships" while preserving safeguards for those with what the current Government deems to be "genuine" ties to Italy.
2. Acquisition of Citizenship by Benefit of Law
Main Point: New mechanisms are introduced for acquiring citizenship "by benefit of law" for both adults and minors whose parents do not automatically transmit citizenship.
Key Amendments:
Article 4, para. 1, letter e): adults with ancestors who are citizens by birth may acquire citizenship upon two years of residence and a declaration made within one year of reaching the age of adulthood.
Article 4, paras. 1-bis and 1-ter: new procedures for minors, requiring parental declaration.
A contribution of €250 per minor is required.
A right of renunciation is granted upon reaching the age of majority.
Comment: These provisions act as a mitigation to the new restrictions, offering alternative routes which, however, require a declaration of intent and a tangible connection to Italian territory through residence. The question which arises for these "recognized" citizens regards their ability to pass citizenship to the next generation.
3. Granting of Italian Citizenship to Foreign Descendants of Italian Citizens
Main Point: The period of residence required for naturalization is reduced from three to two years for foreigners descended from Italian citizens.
Key Amendments:
Article 9 of Law No. 91/1992 is amended: the residence requirement is reduced to two years for descendants of citizens by birth.
The three-year term remains for foreigners born in Italy.
This applies only to citizens by birth (excluding naturalized citizens, those acquiring through marriage, etc.).
Comment: This amendment facilitates access to naturalization for individuals with blood ties to Italian citizens, balancing the restrictions introduced regarding automatic acquisition.
4. Two-Year Residence Requirement for Minor Children of Those Who Acquire or Reacquire Italian Citizenship
Main Point: A two-year residence requirement is introduced for minor children who acquire citizenship by virtue of a parent's acquisition (the so-called iuris communicatione).
Key Amendments:
Article 14 of Law No. 91/1992 is amended: children must reside in Italy for at least two years at the time of the parent's acquisition or reacquisition of citizenship.
For children under the age of two: residence from birth is required.
Applies only to acquisitions/reacquisitions from May 24, 2025.
Comment: This amendment also aims to ensure a "real" connection with Italian territory, avoiding "automatic" acquisitions of citizenship by minors who have never lived in Italy. Transitional provisions safeguard ongoing cases.
General Commentary
The reform as a whole represents a significant paradigm shift in the discipline of Italian citizenship, transitioning from a system based predominantly on "pure" ius sanguinis to one that also requires elements of actual territorial and social integration, while maintaining the centrality of blood ties with appropriate exceptions and alternative paths.
Avvocato Lama represents ICC clients in Italian courts and comuni. To schedule your consultation, please email us at info@italiancitizenshipconcierge.com
