Navigating the October 2024 Updates to the “Minor Issue”
Recent regulatory changes introduced in October 2024 by the Italian Ministry of the Interior have impacted how eligibility for Italian citizenship through descent is determined, particularly regarding the so-called "minor issue". Understanding these changes and their implications is crucial for anyone considering applying for Italian citizenship.
What Exactly Changed?
Previously, eligibility for Italian citizenship by descent (also known as "jure sanguinis") relied heavily on Article 7 of Italy's 1912 citizenship law. This allowed applicants whose Italian-born ancestors naturalized as foreign citizens to pass citizenship to their descendants—even if the naturalization occurred while their child was still a minor.
However, the new guidelines published in October 2024 emphasize Article 12 of the 1912 citizenship law. This shift changes the interpretation around minors and naturalization. Specifically, it states that if an Italian-born ancestor voluntarily acquired another nationality while their child was still a minor (defined as under 21 years old prior to March 9, 1975), the child automatically lost their Italian citizenship. Consequently, this loss interrupts the continuity necessary for subsequent generations to claim citizenship by descent.
What Does This Mean for Applicants?
This new interpretation has the potential to preclude one pathway to Italian citizenship for applicants, underscoring the importance of carefully evaluating and strategically selecting the best approach to claiming Italian citizenship by descent.
While the new guidelines may affect eligibility through certain ancestors, they do not necessarily eliminate the possibility of citizenship altogether. Understanding your family history and how the updated guidelines impact your unique circumstances is more important than ever, and we estimate that the majority of our clients would still have been able to claim Italian citizenship by descent regardless of this update.
At Burgundy Passport, we can help you analyze your specific situation, guiding you toward the most viable path forward.
Alternative Pathways to Italian Citizenship
If your eligibility is indeed impacted by the recent update, several alternative paths to Italian citizenship remain available, among which:
Claiming citizenship through the spouse of the original ancestor. It is worth noting that female ancestors who acquired US citizenship automatically as part of their husband’s naturalization would still, in most cases, retain and pass Italian citizenship down to the next-in-line family member.
Exploring eligibility through different branches of their family tree.
Pursuing judicial recognition of citizenship directly through the Italian courts.
Each of these pathways involves specific requirements and considerations, but they provide viable alternatives for applicants affected by recent developments. At Burgundy Passport, our specialists can thoroughly evaluate each possibility, ensuring you understand your options and choose the route best aligned with your goals.
How Burgundy Passport Can Help
At Burgundy Passport, we follow a detailed, personalized approach and careful planning to navigate the Italian citizenship process. Our goal is to maximize the chances of success while reducing the timeline it take complete all the steps. Schedule a free consultation with our experts today!
