On 3 October 2024, Italy’s Ministry of Interior released new guidance that significantly affects applicants pursuing Italian citizenship by ancestry. The circular instructs consulates and local town halls to reject applications impacted by the so-called “minor issue” — a complex legal situation that has long created uncertainty for would-be citizens.
The “minor issue” arises when an Italian-born ancestor naturalized as a citizen of another country while their child was still a minor. This scenario creates conflicting interpretations under Italian nationality law:
These two provisions have historically been applied inconsistently, leaving room for different outcomes depending on how consulates, town halls, or judges interpreted the law.
Although minor issue cases have always been complex, many applicants in the past benefited from a more favorable reading under Article 7. However, recent developments shifted this trend:
Speculation suggests that the growing backlog of applications may have contributed to the Ministry’s decision to issue this guidance.
The circular only applies to consulates and local municipalities. Judges in Italian courts still have discretion to apply either Article 7 or Article 12. However, pursuing a case in court involves two challenges:
If the lineage is blocked by a minor issue, applicants may need to consider other possible ancestry connections—either through another Italian ancestor or through ties to another EU country. Experienced immigration professionals often assess all available family lines to identify the most viable route.
Pros:
Cons:
The 3 October 2024 circular represents a major setback for those pursuing Italian citizenship through ancestry affected by the “minor issue.” While courts remain a possible avenue, the unpredictability of rulings and the administrative hurdles involved make these cases increasingly challenging. Applicants should carefully evaluate their lineage, explore all potential ancestral ties, and seek professional guidance before proceeding.
Understanding the “Minor Issue”
The “minor issue” arises when an Italian-born ancestor naturalized as a citizen of another country while their child was still a minor. This scenario creates conflicting interpretations under Italian nationality law:
- Article 12: States that minor children automatically naturalize along with their parent, breaking the Italian lineage.
- Article 7: Provides that children born abroad in a jus soli country (where citizenship is granted by birthplace) retain Italian citizenship unless they voluntarily relinquish it as adults.
These two provisions have historically been applied inconsistently, leaving room for different outcomes depending on how consulates, town halls, or judges interpreted the law.
What Prompted the Change?
Although minor issue cases have always been complex, many applicants in the past benefited from a more favorable reading under Article 7. However, recent developments shifted this trend:
- Court rulings: In 2023 and 2024, Italy’s Corte Suprema di Cassazione issued two rulings upholding Article 12 in minor issue cases. While these decisions did not set binding precedent, they influenced authorities toward stricter interpretations.
- The circular of 3 October 2024: The Ministry of Interior’s directive effectively removes discretion from consulates and town halls, requiring them to reject minor issue cases outright.
Speculation suggests that the growing backlog of applications may have contributed to the Ministry’s decision to issue this guidance.
Next Steps for Applicants
Filing Through Courts
The circular only applies to consulates and local municipalities. Judges in Italian courts still have discretion to apply either Article 7 or Article 12. However, pursuing a case in court involves two challenges:
- Eligibility to apply in court: Applicants must demonstrate either (a) a claim through maternal lineage prior to 1948, or (b) that their local consulate cannot provide an appointment in reasonable time. Meeting either criterion allows bypassing the consulate and applying directly to the court in the ancestor’s town of birth.
- Judicial inconsistency: Courts vary widely in their treatment of minor issue cases. Some, such as Rome, have been consistently rejecting such claims, while others still rule favorably. The outcome depends heavily on the assigned court and judge, creating uncertainty.
Exploring Alternatives
If the lineage is blocked by a minor issue, applicants may need to consider other possible ancestry connections—either through another Italian ancestor or through ties to another EU country. Experienced immigration professionals often assess all available family lines to identify the most viable route.
Pros and Cons of the New Guidelines
Pros:
- Clarifies the Ministry of Interior’s position on minor issue cases.
- May reduce backlog at consulates and town halls by eliminating uncertain applications.
- Encourages applicants to seek legal review before pursuing complex cases.
Cons:
- Removes flexibility at consular and municipal level, resulting in more rejections.
- Creates reliance on court applications, which are costly, time-consuming, and inconsistent.
- Increases uncertainty for applicants, as outcomes vary by court and judge.
- Limits straightforward access to citizenship for many eligible descendants.
Final Thoughts
The 3 October 2024 circular represents a major setback for those pursuing Italian citizenship through ancestry affected by the “minor issue.” While courts remain a possible avenue, the unpredictability of rulings and the administrative hurdles involved make these cases increasingly challenging. Applicants should carefully evaluate their lineage, explore all potential ancestral ties, and seek professional guidance before proceeding.