The resolution of the Ministry of the Interior (No. 43347), dated October 3, 2024, has not yet been officially published. However, we have been able to retrieve it and have analyzed its impact on Italian citizenship applications.

Please note that its application is immediate, meaning it will affect not only future applications but also those already filed that are awaiting a decision.

Furthermore, the resolution not only provides instructions for the Municipalities but also stipulates that the Ministry of Foreign Affairs be notified, indicating that the Consulates are likely to apply it as well.

The resolution confirms the understanding issued by the Italian Court, according to which the descendant of an Italian citizen who naturalized abroad had a deadline to claim Italian citizenship until they turned 22. If the descendant does not claim citizenship by this deadline, the lineage will be considered “interrupted,” and all their descendants will no longer be eligible for the recognition of Italian citizenship.

However, after reviewing the resolution, in our opinion there might be some exceptions as follows:

1. When the descendant was emancipated at the time of the naturalization of the Italian ancestor;
2. When the descendant no longer lived at the same address of the Italian ancestor.

Considering the above, you would have the following options:

1. Maintain/file the citizenship application regardless the new resolution.

However, there is a significant risk that the application will be rejected;

2. Apply for citizenship after 3 years of residency in Italy (instead of the standard 10-year period normally required by law for naturalization).

In this case, the applicant would be required to obtain a visa and then apply for a Permit to Stay (PdS) before establishing residency in Italy.

Please note that it is possible to be a registered as resident in Italy without necessarily living there, and it is also possible to have dual residency. We have successfully assisted many clients in establishing residency in Italy and obtaining dual residency. Should you choose this alternative, we might investigate together the visa options to understand which one better suit your specific situation. We are currently preparing more information with the main requirements of the Italian long-term Visas to share with you. We will add it here and let you know when it’s ready.

3. Terminate your file

In this case, art. 2 of the General Terms of Business of the signed Engagement Letter will apply, which states as follows:

In cases where an activity covered by flat or capped fee for any reason should not be completed, or when partial or total fee payment was postponed to the end of the case, the accrued fee for work done up to that point shall be due at that time. In this case the due fee shall be calculated according to the per hour fee structure, remaining within the flat or capped fee established amount.

We would therefore issue a statement for the activities carried out so far on your file. If the statement shows a credit in your favor, we would refund it.