Embarking on the journey to acquire Italian citizenship by descent means connecting with your ancestral roots and enjoying the benefits of dual citizenship, like the ability to live, work, and study visa-free in all 27 EU member countries.

However, you may also wonder if there are situations where you might lose your Italian citizenship. This article will review the criteria that qualifies you for Italian citizenship by descent and the scenarios where citizenship may be lost as well as how it can be renounced.

Italian Citizenship Law

Before one can be concerned about losing Italian citizenship, it’s important to understand first how to acquire it. Italian citizenship law allows for many Italian descendants to qualify for citizenship by descent, but legislation has changed throughout the years and it’s important to understand the relevant dates. Italian citizenship began on March 17, 1861, when Italy became a unified nation and the Kingdom and Italy was formed. Before this date, there were no actual Italian citizens. Therefore, it’s important your Italian-born ancestors were alive on or after this date to be considered Italian citizens and thus pass their citizenship down to the following generations.

The first Citizenship Law was passed on July 1, 1912, and allowed descendants of Italian-born ancestors to claim Italian citizenship through right of blood, jure sanguinis. This means that if your Italian ancestor naturalized as a US citizen before this date, you will not qualify for citizenship by descent. The principle of jure sanguinis refers to your ability to obtain recognition of citizenship of a country through your ascendants who were born in that country. Alternatively, the United States passes citizenship down jure soli, meaning if you are born in the country, you have the right to citizenship. A concern for many with Italian ancestry is that the Italian citizenship law will change and not allow citizenship to transfer jure sanguinis, therefore causing them to lose their birthright to claim Italian citizenship. However, it is highly unlikely that the law would change in this way. If a country were to remove the principle of jure sanguinis, only those born after this law was changed would be affected and a new principle by which citizenship is transferred would need to be introduced, such as jure soli.

The 1912 law also stipulated that acquiring a foreign citizenship would mean automatically renouncing one’s Italian citizenship. In other words, Italian citizenship was exclusive and if your Italian-born ancestors voluntarily naturalized in a foreign country, they automatically lost their Italian citizenship. Therefore, one of the main qualifications for Italian citizenship by descent is if your Italian-born ancestor naturalized as a US citizen, they did so after the birth of their child, the next descendant in line.

The 1912 Citizenship Law also prohibited women from passing their citizenship down to their children. However, on January 1, 1948, when the Italian constitution went into effect, women were given the right to pass their citizenship to children born after this date, but this was not applied to children born before January 1, 1948. Although, in recent years, a case in the Italian courts challenged this as discriminatory and now legal precedent states that principles in the constitution should be applied retroactively, including events that occurred prior. Therefore, if your Italian-born ancestor was a woman or you have a woman in your Italian lineage who had a child before this date, you have what is called a “1948 case” and will need to file your claim for citizenship via the Italian courts.

Lastly, in 1992, the Italian government passed a law stating that Italians who acquire foreign citizenship after August 16, 1992, will not lose their Italian citizenship unless they choose to formally renounce it. In other words, after this date, dual citizenship was permitted and individuals could now hold Italian citizenship in addition to, for example, US citizenship. This law also stated that anyone who lost their Italian citizenship through naturalization before this date can reside in Italy for a least a year and apply to reacquire Italian citizenship.

Italian Citizens Abroad

Many Italian-born citizens or those who acquire citizenship by descent are concerned about situations in which they could lose their Italian citizenship. However, once you are granted Italian citizenship, it will not be taken away, it does expire, and does not require renewal. The only component that would need to be renewed is the Italian passport, if you choose to have one, but it is not required as an Italian citizen to have a passport. Additionally, living outside of Italy and establishing residence in a foreign country does not cause a loss of citizenship. In fact, all Italian citizens who plan to live outside Italy for a period of longer than 12 months are required to register with A.I.R.E., the Registry of Italian Citizens Residing Abroad. This system allows the Italian government to maintain an accurate record of all Italian citizens living abroad and ensures they have access to all the services they are entitled to as Italian citizens.

Alternatively, there are some specific circumstances where someone will automatically lose their Italian citizenship. The first is an Italian citizen who enlists in the army or accepts a public office position in a foreign country. Another scenario is when an Italian citizen serves in the military, holds a public office position, or acquires the citizenship of a foreign country during a time of war. Lastly, Italian citizens who are adoptees and whose adoption is revoked by choice of their own will lose their Italian citizenship given they also hold or acquire citizenship of a foreign country. However, these scenarios are quite particular and do not apply to citizenship by descent.

There is another time when Italian citizenship could be lost and this occurs during the acquisition of Italian citizenship by marriage or by residency. When an application is approved for Italian citizenship by marriage or residency, a decree is issued to the successful applicant. The individual then has 6 months to take the oath of allegiance to the Italian Republic in front of a town hall or consular officer. This action is their final step before being considered an Italian citizen, after which they are able to apply for their Italian passport. If the individual does not take the oath within the permitted legal timeframe, the Ministry of the Interior forfeits their declaration because they failed to take the oath. The decree is now void and another application needs to be submitted, along with waiting up to three years of additional processing time. However, it’s worth noting that there was a recent judgement by the Court of Rome recognizing an individual’s right to take the oath at a later date due to extenuating circumstances. In this scenario, the individual was unable to contact the municipality and Ministry of Interior in order to notify them of the necessary postponement.

Renouncing Italian Citizenship

In addition to scenarios of an automatic loss of citizenship, Italian citizens residing abroad who hold or acquire a foreign citizenship can voluntarily renounce their Italian citizenship. If you are living abroad and decide to renounce your Italian citizenship, you would first make an appointment with the local Italian consulate that covers the jurisdiction where you reside. The process includes making a formal declaration to renounce citizenship in the presence of an authorized official at the Italian consulate. Documents required to renounce your Italian citizenship include the original Italian birth certificate issued by the Italian municipality, proof of residence, a document proving you hold another citizenship, for example, a US passport or foreign naturalization certificate, other Italian ID documents, like a passport or identity card, and payment of the €250 fee.

Conclusion

This article has summarized the pertinent details related to Italian citizenship law that allow those of Italian descent to qualify for Italian citizenship. It has also outlined specific circumstances where Italian citizenship will be automatically lost and the process in which to voluntarily renounce it. If you have any questions or would like to learn more about Italian citizenship by descent, please don’t hesitate to contact us at [email protected].