Italy changes law on right to claim citizenship through great-grandparents
The Italian government has this week enacted a law that makes it impossible for anyone to get Italian citizenship through their great-grandparents, dashing the hopes of those who have already paid money to start the process.
The law, which was introduced in March by Prime Minister Giorgia Meloni's right-wing government and came into force on Tuesday, now restricts the right to citizenship under jus sanguinis, or descendent bloodline, to people whose parents or grandparents were Italian.
According to the country's Interior Ministry, 80 million people worldwide are of Italian descent. And for those whose great-grandparents were Italian and who have spent time and money collecting documents and getting them translated and notarized in order to claim citizenship, the change is bad news.
They will now only be able to become Italian by moving to Italy and applying based on residency — which has already become more difficult under Meloni's government due to tighter visa rules for non-European Union citizens.
To complicate matters further, on June 8 and 9, Italians will vote in a referendum on a proposal to change Italy's rules on citizenship by residency. At present, non-EU citizens can apply for citizenship after 10 years of legal residency.
The referendum, which is predicted to fail and which the government does not support, would halve that requirement to five years. But if it does not pass, it could be followed by another referendum, which, if passed, would increase the requirement to 12 years of legal residency.
As it stands, those applying for Italian citizenship by residency need to provide proof of taxable income for all years of residency, and must have a minimum annual income of 8,263.31 euros (around $9,360) for those without children and 11,362.05 euros ($12,870) plus an additional 516 euros ($585) per child for those with children.
Applicants must also pass an Italian language exam and prove they have no criminal convictions in every country they've lived in. People applying for citizenship through ancestry, on the other hand, currently do not need to pass a language exam or prove income.
For many of those who had hoped to gain citizenship through their great-grandparents, moving to Italy for 10 years (or five if the referendum passes) is not an option. Gina Pace Trucil, an American who has been working on getting citizenship, expressed her frustration on a Facebook group for people with Italian ancestors working through the new laws.
'I submitted all my documents based on my great-grandfather,' she wrote. 'I wait the 3 years for my appointment, spent thousands of dollars and now they tell me I am not eligible.'
Samantha Wilson, who runs Smart Move Italy, a firm that helps people through the immigration process, called the law change terrible news.
'It is actually worse than we expected,' she told CNN. 'For many of our clients, this change has shattered their immediate plans of moving to Italy, as well as their long-term aspirations.
'It's also concerning for Italy itself, as the country is already facing a decreasing population. Many of these applicants were not only looking to connect with their heritage but were also planning to invest in property, start businesses, and contribute to the Italian economy. Now, that's no longer possible without a visa.'
Wilson recommends that people who want to make the move explore Italy's Digital Nomad Visa program or other visa options, according to their individual circumstances. Certain visas also mean the legal residency requirement is reduced.
For those who were in the process of applying based on their great-grandparent but are now disqualified, she suggests they challenge the law in Italy's constitutional court.
'Of course, only a judge can file a case to the constitutional court, but we need enough cases to be brought forward for a potential ruling,' Wilson added.
'This process will likely take over a year and comes with significant legal costs. If clients have already paid for the citizenship process, we suggest they continue moving forward and defend their rights.
'Overall, it's a very sad situation for many, and while we hope that the constitutional court will eventually rule on the matter, it's going to take time.'
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