The New Italian Citizenship Process
In the realm of law, there is a well-known Latin legal maxim: “dormientibus non succurrit jus”—the law does not aid those who sleep. This expression emphasizes that those who fail to exercise their rights promptly may lose the opportunity to claim them.
On March 28th, the Italian government enacted a decree-law that altered the conditions for obtaining Italian nationality. Thousands of people have experienced the practical application of this maxim, as the previous right to claim Italian nationality by descent has now been significantly restricted.
Regardless of potential debates about the legality of Giorgia Meloni’s government's approach to amending the Nationality Law, one thing is clear: this decision aligns with a broader trend observed across other European countries seeking to limit access to citizenship. Examples include recent changes to the process for Sephardic Jews in Portugal and similar initiatives in Spain, which will also restrict nationality recognition to specific generations.
According to the Italian government, the decree aims to combat the indiscriminate trade of Italian passports and align the country’s practices with the guidelines of other European Union members.
What Changed with the Decree-Law 36/2005?
The new regulation has significantly changed the rules for obtaining Italian citizenship by descent. Previously, any descendant of Italians, regardless of the number of generations, was considered a natural-born Italian, provided they met three main requirements: an ancestor who acquired Italian citizenship after 1861, continuous transmission of nationality across generations, and the presentation of documents proving the entire line of descent.
Under the new decree, only the children and grandchildren of Italians born in Italy can apply for citizenship by descent. This means the right to nationality is restricted to the second generation. Additionally, the decree requires applicants to prove effective ties to Italy every 25 years.
Another significant change is that citizenship applications must now be submitted directly to the Ministry of Foreign Affairs in Rome. The option to apply through local consulates has been eliminated, meaning the administrative and consular routes for citizenship recognition are no longer available, and the process must now go through the judicial system.
The New Italian Citizenship Process vs. the Portuguese Citizenship Process by Descent
While the changes introduced on March 28th still require further regulation, it’s clear that the Italian nationality process has become more similar to the Portuguese nationality process. Under the new rules, both Italian and Portuguese citizenship are restricted to the second generation - meaning only children and grandchildren of Italians and Portuguese can apply for this right.
Process Comparison
In Portuguese, applications for children are more straightforward, as the line of descent is easier to prove. Children of Portuguese nationals are not required to demonstrate knowledge of the Portuguese language or ties to the Portuguese community.
Grandchildren of Portuguese nationals must demonstrate an effective tie to the Portuguese community and prove the connection to a second-degree ancestor. This includes showing the relevance of these ties, such as knowledge of the Portuguese language and regular contact with Portuguese territory. The required language proficiency level is A2, which is considered basic and allows for understanding and communication in everyday situations.
Under the new Italian legislation, applicants must also prove ties to the Italian community every 25 years. However, it remains unclear whether knowledge of the Italian language will be required.
A significant difference between the two processes is that the Italian decree specifies that only children and grandchildren of Italians born in Italy can apply for citizenship by descent, thus limiting the transmission of nationality. In contrast, Portuguese citizenship can be passed to any child or grandchild of a Portuguese national, regardless of their place of birth.
Finally, while Italian nationality may now only be recognized through a judicial process, Portuguese nationality is recognized administratively and processed by Civil Registry Offices or Central Registries. Additionally, applications in Portugal can be submitted online through lawyers or solicitors.
Conclusion: A New Landscape of European Citizenship
The recent changes in Italian nationality law reflect a growing trend across Europe to tighten citizenship eligibility, balancing national interests with historical rights. These developments highlight the importance of acting swiftly and understanding the evolving requirements for those seeking citizenship by descent.
Currently, Portuguese nationality stands out as one of the most attractive options for those pursuing a second nationality. A key advantage is the ability to obtain it even without Portuguese ancestors, requiring only five years of residency in Portugal. This residency-based nationality option is among the most favorable in Europe, especially when compared to other countries, such as Italy, which mandates ten years of residency.
Moreover, even if your goal is not to reside in Europe, it is possible to acquire Portuguese nationality through the Golden Visa program. Following the recent changes in Italian legislation, Portugal has solidified its position as one of the best destinations for obtaining European nationality.
If you would like to learn more about these opportunities, we at Fresh Portugal are here to assist you.
