Change in the Law of Italian Citizenship by Descent in 2024: The Impact of the New Proposal
If you are of Italian descent and intend to apply for your citizenship, this article is essential for you. Obtaining Italian citizenship has been a relatively accessible process for many people of Italian descent around the world. However, a proposed change to the Italian citizenship law jus sanguinis for the year 2024 could pose a significant challenge for those seeking to claim their Italian heritage.
This change marks a significant divergence from the current flexibility of the process. Until then, simple proof of Italian ancestry was enough to start the citizenship process. The requirements can pose a considerable obstacle for many interested in obtaining Italian citizenship. But what are these requirements?
Since January 2024, the Italian Senate has been in the process of analyzing Bill No. 752, https://www.senato.it/leg/19/BGT/Schede/Ddliter/57165.htm, a proposal put forward by Senator Roberto Menia of the Fratelli d’Italia (FdI) party. This project aims to impose limitations on the process of recognition of Italian citizenship, potentially affecting thousands of descendants of Italians around the world.
One of the main changes proposed by Project 752 is the limitation of the transmission of Italian citizenship by descent up to the third generation (great-grandchildren) only. This means that only descendants up to the third degree of an Italian citizen would be automatically entitled to citizenship. In addition, applicants would have to prove proficiency in the Italian language, achieving at least the B1 level of fluency.
The introduction of this language proficiency requirement represents a significant change from current legislation, which does not require knowledge of the Italian language to apply for citizenship based on descent. This new language barrier can complicate the process for many people of Italian descent who are not fluent in the language.
Another controversial proposal in the bill is the requirement of residency in Italy for at least one year for descendants beyond the third generation. This measure aims, according to Senator Menia, to combat the overload in Italian consulates and the illegal market for Italian citizenship, motivated by demand and long waiting lists.
It is important to note that proposals to limit the transmission of Italian citizenship are not new and have been debated in the Italian Parliament for years. However, Project 752 brings a new perspective on the subject, focusing not only on the issue of administrative overhead, but also on the need to preserve genuine ties with Italy and prevent abuses of the citizenship system.
The debate surrounding Project 752 is sure to continue, and it is crucial to consider both the potential benefits and concerns raised by this proposal. After all, any change in Italian citizenship legislation has the potential to profoundly affect the lives of thousands of people around the world.
So, on the one hand, the new requirement can be seen as a way to strengthen the ties between descendants and Italian culture, promoting a deeper connection with the country of origin of their ancestors. On the other hand, it can be seen as an unnecessary restriction that hinders access to citizenship for those who simply wish to reconnect with their family roots.
If you are considering applying for your Italian citizenship, it is critical to be aware of these changes to the proposed Italian citizenship by descent law and to keep a close eye on how this legislative debate unfolds. After all, your right to citizenship may be at stake. Stay informed and be prepared for potential challenges that may arise throughout this process.
Change in the Law of Italian Citizenship by Descent in 2024: Review of the Status of Women Before 1948- Maternal Line
On January 30, 2024, the Italian Senate held a crucial session to discuss proposals that could profoundly impact the country’s citizenship legislation. One of the proposals on the agenda, Project 295 https://www.senato.it/leg/19/BGT/Schede/Ddliter/56001.htm , presented by Deputy Francesca La Marca of the Democratic Party (PD), promises to re-evaluate a crucial aspect of Law No. 91 of February 5, 1992: Italian citizenship by descent, based on the principle of ius sanguinis.
La Marca’s project aims to address the issue of the loss of Italian citizenship by descendants of women who married foreigners and had children before January 1, 1948. This measure, if approved, could correct a gap in the legislation, especially in relation to a February 2009 Supreme Court of Cassation ruling that recognized the right to Italian citizenship to children of women born before 1948.
Currently, descendants of Italian women who married foreigners and had children before 1948 face a number of difficulties when trying to obtain Italian citizenship. In many cases, the only option is to turn to the judicial system to assert this right. This is due to the fact that, until the aforementioned date, Italian women who married foreigners were obliged to renounce their Italian nationality, thus depriving their descendants of the right to Italian citizenship.
The approval of Project 295 would represent a significant advance for descendants of Italians, with this change in legislation, descendants of the maternal line no longer need to resort to the judicial system to obtain Italian citizenship. Instead, they could apply for recognition of their Italian citizenship directly at Italian consulates through administrative means.
Such a proposal would not only simplify the process for those interested, but would also represent a fundamental recognition of the right to Italian citizenship for all descendants, regardless of the gender of their ancestors. Additionally, it would strengthen ties between Italy and its global diaspora, fostering a greater connection to Italian family and cultural roots.
As the Italian Senate continues to debate this and other citizenship-related proposals, it is essential to recognize the positive impact these changes can have on the lives of thousands of people around the world, allowing them to finally fully reconnect with their Italian heritage.
Project 919: Reacquisition of Citizenship for Italians Naturalized Abroad
In yet another initiative by Deputy Francesca La Marca, Project 919 https://www.senato.it/leg/19/BGT/Schede/Ddliter/57636.htm is under analysis by the Italian Senate, bringing to the table a proposal that could directly impact the lives of Italians who have lost their citizenship due to the naturalization process in another country.
Currently, Italian legislation already provides for the possibility of regaining citizenship for those who have lost it by virtue of naturalization, however, under a condition that often proves impractical for many: to reside for at least one year uninterruptedly in Italy.
This requirement can pose a significant barrier for those who have already established roots in other countries and have personal and professional commitments that prevent them from spending an extended period in Italy.
Project 919 proposes a crucial shift in this regard. If approved, Italians living abroad who have lost their citizenship due to naturalization will be able to reacquire it in a more accessible way, through an administrative process conducted by the Consulate of the applicant’s country of residence.
This means that it will no longer be necessary to physically reside in Italy to regain citizenship, making the process much more feasible and practical for those who have been required to leave the country in the past.
For Francesca La Marca, the approval of this project goes beyond a legal issue; It is a gesture of respect and recognition to Italians who, for various reasons, were forced to leave their homeland and ended up losing their nationality in the process.
This change in law represents an important step towards restoring ties between Italy and its diaspora, providing an opportunity for Italians naturalized abroad to fully reconnect with their Italian identity and heritage.
As the Italian Senate considers this proposal and others related to citizenship, it is critical to recognize the importance of these measures to strengthen the ties between Italy and its global community, as well as to ensure that all Italians, regardless of where they are, can fully enjoy their citizenship and belonging to the Italian nation.
Why People of Italian Descent Should Consider Applying for Citizenship Right Now
In recent months, the Italian legislative landscape has been the scene of intense debates that may directly affect those of Italian descent. While one proposal seeks to facilitate the process of recognizing Italian citizenship for descendants through the maternal line, another proposal, if approved, could significantly complicate the process for those related beyond the third generation.
In the face of this uncertainty, the recommendation is clear: descendants of Italians who have not yet applied for Italian nationality should consider doing so as soon as possible, taking advantage of the guidelines of current legislation.
Currently, there is no generational limit to apply for Italian nationality by descent, which means that all descendants of Italian origin have the right to make this request, regardless of the degree of kinship with the ancestor.
While the bills remain under consideration in the Senate, the possibility of approval is still uncertain. Approval of these changes is not imminent, and projects are currently stalled. However, it is crucial that stakeholders are prepared for possible changes in legislation.
Immigration experts emphasize that if new regulations are implemented, processes initiated before these changes would be governed by the current rules. Therefore, starting the process before the change of the law of Italian citizenship by descent has a high chance of ensuring that applicants are evaluated under the current criteria, avoiding possible complications that may arise with future changes in the law.
However, it is essential to seek expert legal advice on Italian immigration to better understand the implications of the proposed changes and how they may affect each individual case.
With the proper support, people of Italian descent can more safely navigate this process, ensuring that they can take advantage of the opportunities and benefits that Italian citizenship provides.
Ultimately, the right to Italian citizenship by descent not only recognizes a cultural and historical heritage, but also opens doors to a number of opportunities in the European Union. Therefore, in the face of the possibility of legislative changes, it is crucial to be well informed and act prudently to ensure the recognition of this valuable link with Italy.
