Based on the Decree of Law No. 36/2025, which came into effect on 29th March 2025, introduced Art. 3–bis to the Citizenship Law No. 91/1992, significantly modifying the procedures for the recognition of Italian citizenship.
The new guidelines apply to all those born abroad, on any date, in possession of another citizenship.
The new regulations do NOT apply:
- to those born in Italy, even if in possession of another citizenship
- to those born anywhere and not in possession of other citizenship.
A minor child (i.e. who has not yet reached the age of 18) born abroad to an Italian citizen and in possession of another citizenship can only be recognized if one of the parents or grandparents was born in Italy, or if one of the parents, born abroad, lived in Italy for at least two consecutive years before their birth.
For the procedure, for which no payment of consular fees is required, please refer to what is published in the Civil Status section.
An adult child (i.e. aged 18 or over) born abroad to an Italian citizen, whose birth has never been registered in Italy, must submit an application for recognition of citizenship by descent (iure sanguinis), subject to payment of the relevant consular fee.
PLEASE NOTE: applications submitted by 27 March 2025 (11:59 pm – Rome time) will be processed according to the applicable legislation until 27 March 2025 (11:59 pm – Rome time), provided that they are complete with the necessary documentation.
BORN ABROAD IN POSSESSION OF ANOTHER CITIZENSHIP (ART. 3-BIS)
Those born abroad, on any date (even before 29 March 2025) and in possession of another citizenship, can apply for recognition of Italian citizenship only if one of the following cases occurs:
- one parent is an Italian citizen (including adoptive) and was born in Italy (it is sufficient that only one of the parents who is an Italian citizen was born in Italy);
- one parent is an Italian citizen, not born in Italy, but has resided in Italy for at least 2 continuous years before the birth or adoption of the applicant;
- one of the grandparents (first-degree ascendants of the parents), an Italian citizen, was born in Italy.
Therefore, if the applicant is the child of an Italian parent born abroad who, before the birth of the child, did not reside for two consecutive years in Italy and does not have a grandparent who is an Italian citizen and born in Italy, he or she will not be entitled to Italian citizenship.
IF THE ANCESTOR IS A WOMAN
Women transfers citizenship to her descendants only from 1 January 1948.
From 1865 to April 26, 1983, a woman’s citizenship followed that of her husband, therefore the foreign woman acquired Italian citizenship automatically by marriage (keeping it in case of widowhood).
By the same token, an Italian woman who became naturalized before marriage and married an Italian citizen by April 26, 1983 reacquired Italian citizenship by marriage and can transmit citizenship to her children as long as they were born after January 1, 1948.
An Italian woman who acquires foreign citizenship while married an Italian citizen does not lose Italian citizenship only if her husband retains Italian citizenship until 16.08.1992 (opinion of the Consiglio di Stato of 5.3.1997 – K.24)
From 1865 until 1912 the Italian woman lost her citizenship due to the naturalization of her husband (art. 11 of the Civil Code of 1865).
After 1912, an Italian woman loses her citizenship due to the naturalization of her husband if the marriage took place before 01.01.1948. (Constitutional Court Judgment No. 87 of 1975).
HOW TO APPLY FOR RECOGNITION OF CITIZENSHIP BY DESCENT
ONLY adult applicants can apply for recognition of Italian citizenship by descent.
The following will be required to apply:
- Book an appointment online (Prenot@mi);
- On the day the appointment please bring:
- An identity document;
- Proof of residency in NSW;
- Completed application form;
- the required documentation
- Payment of 600 Euros to be paid in local currency (art. 7B of the consular fees) in cash or by debit card. It should be noted that this is a mandatory contribution required by law for the processing of the application, which does not in any way imply the positive outcome of the procedure.
Therefore it is NOT REFUND UNDER ANY CIRCUMSTANCES.
APPLICANT – AUSTRALIAN CITIZEN
APPLICANT – NON-AUSTRALIAN CITIZEN
PLEASE NOTE:
- The application is individual; it must be submitted in person accompanied by the required documentation;
- If two or more members of the same family intend to apply for recognition of Italian citizenship by descent from the same ancestor, either at the same time or at different times, it is sufficient to submit only documentation relating to the ancestor and common descendants, provided that the applicants are all residents in NSW;
- Residents of NSW whose family members have obtained recognition of Italian citizenship at another Consulate or in Italy, must in any case present all the documentation relating to the original ancestor;
- The Citizenship Office reserves the right to request further documentation if the available elements are deemed insufficient for a correct evaluation of the citizenship application;
- The search for documentation is the responsibility of the applicant;
- The procedure for ascertaining the possession of Italian citizenship will be concluded within 730 days, as established by the Decree of the President of the Council of Ministers no. 33 of 17/01/2014, in the Official Gazette no. 64 of 18/03/2014;
- The Consulate General will send the applicants an official communication via email regarding the outcome of the procedure, together with the sending of the relevant documentation to the Municipality in Italy for registration, in the event of a positive outcome;
- All original documents will not be returned, but will be retained by the consulate for record-keeping.
IT IS NOT POSSIBLE TO RESPOND BY E-MAIL OR TELEPHONE TO REQUESTS FOR GENERAL INFORMATION ON THE PROCEDURES OR DOCUMENTATION TO BE SUBMITTED.
PLEASE REFER TO THE INFORMATION CONTAINED IN THE RELEVANT WEBPAGE.
updated: 09.04.2025