EU CITIZENSHIP · Southern Europe
Italy's Constitutional Court ruling of March 2026 (implementing Decree-Law 36/2025) capped jure sanguinis claims at 2 generations — ending the previously unlimited bloodline chain. If your Italian-born ancestor is a grandparent or closer, you may still qualify. Great-grandparents and beyond are now excluded.
Italian citizenship by descent (jure sanguinis) was historically one of the most permissive in the world — there was no generation limit, meaning descendants of Italian emigrants from the 1800s could theoretically claim citizenship. The March 2026 Constitutional Court ruling implementing Decree-Law 36/2025 changed this permanently: claims are now capped at 2 generations (parent or grandparent born in Italy). If your Italian-born ancestor is a great-grandparent or further removed, the pathway is closed under the new rules. If your parent or grandparent was born in Italy and was an Italian citizen, you may still qualify. The process is handled through Italian consulates abroad or directly in Italy.
Italy taxes residents on worldwide income. As a non-resident dual citizen (living in the US), you are only taxed on Italian-sourced income. Italy has a favorable flat-tax regime for new residents (€100,000/year flat tax on foreign income) — attractive for high earners considering relocation.
Applications filed before the March 2026 effective date of Decree-Law 36/2025 may be grandfathered under the old rules. The exact cutoff is subject to ongoing legal interpretation — consult an Italian immigration attorney if you have a pending application.
Under the new rules (effective March 2026), great-grandparents are outside the 2-generation cap. Claims through great-grandparents are no longer valid for new applications. If your grandparent (not great-grandparent) was born in Italy, you may still qualify.
The '1948 rule' was a restriction preventing Italian citizenship from passing through female ancestors before 1948 (when women gained equal citizenship rights). Courts had been overturning this restriction case by case. The March 2026 ruling effectively supersedes the 1948 debate by capping claims at 2 generations regardless of gender.
Yes. You can establish residency in Italy and apply directly at the local Comune (civil registry office). This bypasses consulate backlogs but requires you to physically live in Italy during the process — typically 6–12 months. Some applicants use this route to avoid the 1–3 year consulate wait.
Yes. Italy does not require you to renounce your existing citizenship when claiming Italian citizenship by descent. The US also allows dual nationality. You can hold both a US and Italian passport simultaneously.
If your Italian ancestor naturalized as a US citizen before your parent's birth, the citizenship chain breaks — your parent was born as a US citizen, not an Italian citizen, and cannot pass Italian citizenship to you. This is the most common disqualifying factor in Italian descent claims.