New Ministerial Guidelines invite public administration officers to deny Italian citizenship when the Italian ancestor acquired a foreign citizenship during child’s minor age. On October 3, 2024, the Ministry of the Interior has issued a circular inviting public administration authorities to reject citizenship applications characterized by the so-called “minor issue,” in accordance to Court of Cassation decisions no. 454/2024 and 17161/2023.
Italian citizenship law 555/1912 (in force before 1992) had two conflicting provisions: (i) art. 12 sets forth that children automatically followed the parents’ citizenship status, consequently losing their Italian citizenship; while (ii) art. 7 sets forth that the Italian citizens born and resident abroad, deemed citizens of that country by right of birth, maintained their Italian citizenship unless they decided to give up citizenship once adult or emancipated.
The lineage is not considered interrupted if it can be demonstrated that the ancestor, who lost Italian citizenship during their minor age due to the voluntary naturalization of their cohabiting parent, later reacquired Italian citizenship.
Until now, most judges, Town Halls officers and Italian Consulates abroad applied the more favourable Article 7, granting citizenship even in cases where the applicant’s ancestor was a minor when the parents acquired foreign citizenship (i.e: with the “minor issue”).
With this new October 2024 circular, the Ministry of the Interior has issued clear guidelines, in line with Court of Cassation decision no. 17161/2023 and the more recent decision no. 454/2024, recommending the denial of applications with the Italian ancestor naturalized foreign citizen during the child’s minor age, regardless of the child’s place of birth.
Erickson Insights & Analysis
The new circular only applies to future applications; the rights of those who have already been recognized as Italian citizens by descent will remain unaffected.
Erickson Immigration Group will continue to monitor developments and share updates as more news is available. Please contact your employer or EIG attorney if you have questions about anything we’re reporting above or case-specific questions.