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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

How do the EU’s new EES passport checks affect the 90-day rule?

As European travellers prepare for the introduction of enhanced passport checks known as the Entry & Exit System (EES), many readers have asked us what this means for the '90-day rule' for non-EU citizens.

How do the EU's new EES passport checks affect the 90-day rule?

From the start date to the situation for dual nationals and non-EU residents living in the EU, it’s fair to say that readers of The Local have a lot of questions about the EU’s new biometric passport check system known as EES.

You can find our full Q&A on how the new system will work HERE, or leave us your questions HERE.

And one of the most commonly-asked questions was what the new system changes with regards to the 90-day rule – the rule that allows citizens of certain non-EU countries (including the UK, USA, Canada, Australia and New Zealand) to spend up to 90 days in every 180 in the EU without needing a visa.

And the short answer is – nothing. The key thing to remember about EES is that it doesn’t actually change any rules on immigration, visas etc.

Therefore the 90-day rule continues as it is – but what EES does change is the enforcement of the rule.

90 days 

The 90-day rule applies to citizens of a select group of non-EU countries;

Albania, Andorra, Antigua and Barbuda, Argentina, Australia, Bahamas, Barbados, Bosnia and Herzegovina, Brazil, Brunei, Canada, Chile, Colombia, Costa Rica, Dominica, El Salvador, Georgia, Grenada, Guatemala, Honduras, Hong Kong, Israel, Japan, Kiribati, Kosovo, Macau, Malaysia, Marshall Islands, Mauritius, Mexico, Micronesia, Moldova, Monaco, Montenegro, New Zealand, Nicaragua, North Macedonia, Palau, Panama, Paraguay, Peru, Saint Kitts and Nevis, Saint Lucia, Saint Vincent and the Grenadines, Samoa, San Marino, Serbia, Seychelles, Singapore, Solomon Islands, South Korea, Taiwan, Timor-Leste, Tonga, Trinidad and Tobago, Tuvalu, Ukraine, United Arab Emirates, United Kingdom, United States, Uruguay, Vatican City and Venezuela.

Citizens of these countries can spend up to 90 days in every 180 within the EU or Schengen zone without needing a visa or residency permit.

People who are citizens of neither the EU/Schengen zone nor the above listed countries need a visa even for short trips into the EU – eg an Indian or Chinese tourist coming for a two-week holiday would require a visa. 

In total, beneficiaries of the 90-day rule can spend up to six months in the EU, but not all in one go. They must limit their visits so that in any 180-day (six month) period they have spent less than 90 days (three months) in the Bloc.

READ ALSO How does the 90-day rule work?

The 90 days are calculated according to a rolling calendar so that at any point in the year you must be able to count backwards to the last 180 days, and show that you have spent less than 90 of them in the EU/Schengen zone.

You can find full details on how to count your days HERE.

If you wish to spend more than 90 days at a time you will have to leave the EU and apply for a visa for a longer stay. Applications must be done from your home country, or via the consulate of your home country if you are living abroad.

Under EES 90-day rule beneficiaries will still be able to travel visa free (although ETIAS will introduce extra changes, more on that below).

EES does not change either the rule or how the days are calculated, but what it does change is the enforcement.

Enforcement

One of the stated aims of the new system is to tighten up enforcement of ‘over-stayers’ – that is people who have either overstayed the time allowed on their visa or over-stayed their visa-free 90 day period.

At present border officials keep track of your time within the Bloc via manually stamping passports with the date of each entry and exit to the Bloc. These stamps can then be examined and the days counted up to ensure that you have not over-stayed.

The system works up to a point – stamps are frequently not checked, sometimes border guards incorrectly stamp a passport or forget to stamp it as you leave the EU, and the stamps themselves are not always easy to read.

What EES does is computerise this, so that each time your passport is scanned as you enter or leave the EU/Schengen zone, the number of days you have spent in the Bloc is automatically tallied – and over-stayers will be flagged.

For people who stick to the limits the system should – if it works correctly – actually be better, as it will replace the sometimes haphazard manual stamping system.

But it will make it virtually impossible to over-stay your 90-day limit without being detected.

The penalties for overstaying remain as they are now – a fine, a warning or a ban on re-entering the EU for a specified period. The penalties are at the discretion of each EU member state and will vary depending on your personal circumstances (eg how long you over-stayed for and whether you were working or claiming benefits during that time).

ETIAS 

It’s worth mentioning ETIAS at this point, even though it is a completely separate system to EES, because it will have a bigger impact on travel for many people.

ETIAS is a different EU rule change, due to be introduced some time after EES has gone live (probably in 2025, but the timetable for ETIAS is still somewhat unclear).

It will have a big impact on beneficiaries of the 90-day rule, effectively ending the days of paperwork-free travel for them.

Under ETIAS, beneficiaries of the 90-rule will need to apply online for a visa waiver before they travel. Technically this is a visa waiver rather than a visa, but it still spells the end of an era when 90-day beneficiaries can travel without doing any kind of immigration paperwork.

If you have travelled to the US in recent years you will find the ETIAS system very similar to the ESTA visa waiver – you apply online in advance, fill in a form and answer some questions and are sent your visa waiver within a couple of days.

ETIAS will cost €7 (with an exemption for under 18s and over 70s) and will last for three years.

Find full details HERE

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