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ITALIAN CITIZENSHIP

Will Italy’s citizenship via ancestry rules change in 2024?

Following a proposal to tighten the rules for applying for Italian citizenship via ancestry, we look at what stage the plans are at and how soon changes could come in.

Will Italy’s citizenship via ancestry rules change in 2024?
Palazzo Madama, the seat of the Italian Senate. A proposed law aims to tighten the rules on obtaining citizenship via ancestry. (Photo by Filippo MONTEFORTE / AFP)

Question: “I read that Italy is planning to make it harder to obtain citizenship through ancestry with a bill proposed in June 2023. Do you know the status of this bill and whether the law is likely to change this year?”

As we reported on The Local last year, a proposed amendment to Italy’s 1992 citizenship law seeks to tighten the rules on obtaining citizenship via the ancestry route by introducing a language test and generational limit.

READ ALSO: An expert guide to getting Italian citizenship via ancestry

The bill containing the amendment was put forward last June by Senator Roberto Menia, a member of the ruling Brothers of Italy party, who argued that limits were needed as a lucrative trade has sprung up abroad around helping people to “buy” Italian citizenship via ancestry in order to more easily enter the US or other European countries.

“Too often we learn of citizenships granted to people born abroad who are unable to speak a single word of Italian, who have not spoken Italian for generations, and who have ephemeral – if any – ties with Italy,” he wrote.

He added that this “race for Italian citizenship” had caused long delays in the processing of applications in many countries, particularly at Italian consulates in South America, where Menia said “ten-year waiting lists have been formed”.

What does the bill say?

Under the proposal, applicants would need to prove that they can speak Italian to the level B1 or above on the Common European Framework of Reference for Languages (CEFRL). This is already a requirement when applying for Italian citizenship via other routes.

The bill (which you can read in its entirety here, in Italian) would also mean applicants could only go back three generations in search of an Italian ancestor through whom to claim their birthright citizenship. There is currently no generational limit in place.

READ ALSO: How foreigners can get ‘fast track’ citizenship in Italy

Descendants of Italian citizens “beyond the third degree” would need to first be resident in Italy for at least a year, and then file their request at their local comune (town hall) as well as passing the language test, the draft says.

What stage is the bill at?

After being proposed in June, the draft bill became one of a large number making their way slowly through the Italian parliamentary system – and it does not appear to have since made any progress, with no updates on its status at the time of writing.

This bill looks unlikely to be fast-tracked, as limiting applications for citizenship via ancestry is not a priority issue for Italy’s current government.

READ ALSO: REVEALED: How much it really costs to get Italian citizenship via ancestry

To become law, the bill would need to be approved by the government cabinet and then voted on by both houses of parliament. It would then need to be enacted into law. At any stage of that process, it could undergo major modifications or simply be abandoned.

And this is not the first time an Italian lawmaker has suggested introducing a generational limit for applicants, with previous proposed changes to Italy’s citizenship laws going nowhere.

The Local will continue to report on any changes to the law around citizenship applications. See the latest news in our Italian citizenship section.

Member comments

  1. I also understand that citizenship by jus sanguinis would be ineligible were a person born to an Italian citizen in a country that grants citizenship through jus soli. For example, my spouse was born in the US when her father was still an Italian citizen and would be ineligible. Anyone else seeing that?

  2. Italy aims to tighten citizenship laws yet admits tens of thousands of ILLEGAL immigrants. Who lack any connection with Italians or Italy – culture, food, religion, or values. During our Questura visits in Genova, the line was exclusively Asians, Africans, Hispanics & Middle Easterners, not one Caucasian. Senator Roberto Menia believes these individuals serve Italy’s future, not those with Italian heritage who are eager to contribute economically and culturally. Europe’s future seems grim.

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For members

TRAVEL NEWS

Reader question: What will EES mean for foreigners living in Europe?

The EU's new Entry & Exit System (EES) of enhanced passport controls is due to come into force later this year, but among many questions that remain is the situation for non-EU nationals who live in the EU or Schengen zone.

Reader question: What will EES mean for foreigners living in Europe?

Currently scheduled to start in autumn 2024 (unless it’s delayed again, which is not unlikely) the EU’s new Entry & Exit System is basically an enhanced passport check at external EU borders, including a facial scan and fingerprinting.

You can find a full explanation of the new system HERE.

Travellers crossing an external EU or Schengen border for the first time will be required to complete EES ‘pre-registration’ formalities including that facial scan and fingerprinting.

There are, however, several groups exempt from EES and one of them is non-EU nationals who have a residency permit or long-stay visa for an EU country.

So if you’re a foreigner living in the EU or Schengen zone, here’s what you need to know.

Exempt

One of the stated aims of EES is to tighten up enforcement of over-staying – IE, people who stay longer than 90 days in every 180 without a visa, or those who overstay the limits of their visa.

Obviously these limits do not apply to non-EU nationals who are resident in the EU or Schengen zone, which is why this group is exempt from EES checks. They will instead be required to show their passport and residency permit/visa when crossing a border, just as they do now.

In its explanations of how EES will work, the European Commission is clear – exempt groups include non-EU residents of the Bloc.

A Commission spokesman told The Local: “Non-EU citizens residing in the EU are not in the scope of the EES and will not be subject to pre-enrollment of data in the EES via self-service systems. The use of automation remains under the responsibility of the Member States and its availability in border crossing points is not mandatory.

“When crossing the borders, holders of EU residence permits should be able to present to the border authorities their valid travel documents and residence permits.”

How this will work

How this will work on the ground, however, is a lot less clear.

Most ports/airports/terminals have two passport queues – EU and non-EU. It remains unclear whether the non-EU queue will have a separate section for those who are exempt from EES.

It does seem clear that exempt groups will not be able to use the automated passport scanners – since those cannot scan additional documents like residency permits – but should instead use manned passport booths. However it is not clear whether these will be available at all airports/ports/terminals or how non-EU residents of the EU will be directed to those services.

There’s also the issue that individual border guards are not always clear on the processes and rules for non-EU residents of the EU – even under the current system it’s relatively commonly for EU residents to have their passports incorrectly stamped or be given incorrect information about passport stamping by border guards.

Brits in particular will remember the immediate post-Brexit period when the processes as described by the EU and national authorities frequently did not match what was happening on the ground.

The Local will continue to try and get answers on these questions. 

READ ALSO What will EES mean for dual nationals

What if I live in the EU but I don’t have a visa/residency permit?

For most non-EU citizens, having either a visa or a residency permit is obligatory in order to be legally resident.

However, there is one exception: UK citizens who were legally resident in the EU prior to the end of the Brexit transition period and who live in one of the “declaratory” countries where getting a post-Brexit residency card was optional, rather than compulsory. Declaratory countries include Germany and Italy.

Although it is legal for people in this situation to live in those countries without a residency permit, authorities already advise people to get one in order to avoid confusion/hassle/delays at the border. Although EES does not change any rules relating to residency or travel, it seems likely that it will be more hassle to travel without a residency card than it is now.

Our advice? Things are going to be chaotic enough, getting a residency permit seems likely to save you a considerable amount of hassle.

Delays 

Although residents of the EU do not need to complete EES formalities, they will be affected if the new system causes long queues or delays at the border.

Several countries have expressed worries about this, with the UK-France border a particular cause for concern.

READ ALSO Travellers could face ’14 hours queues’ at UK-France border

Where does it apply?

EES is about external EU/Schengen borders, so does not apply if you are travelling within the Schengen zone – eg taking the train from France to Germany or flying from Spain to Sweden.

Ireland and Cyprus, despite being in the EU, are not in the Schengen zone so will not be using EES, they will continue to stamp passports manually.

Norway, Switzerland and Iceland – countries that are in the Schengen zone but not in the EU – will be using EES.

The full list of countries using EES is: Austria, Belgium, Bulgaria, Croatia, Czechia, Denmark, Estonia, Finland, France, Germany, Greece, Hungary, Iceland, Italy, Latvia, Liechtenstein, Lithuania, Luxembourg, Malta, Netherlands, Norway, Poland, Portugal, Romania, Slovakia, Slovenia, Spain, Sweden, and Switzerland.

Therefore a journey between any of the countries listed above will not be covered by EES.

However a journey in or out of any of those countries from a country not listed above will be covered by EES.

You can find our full Q&A on EES HERE.

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