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Whether you’ve been in Italy for years, plan to relocate there soon, or are just beginning to consider a move, learning how to get Italian citizenship by descent will make it much easier for you to stay in the country on a long-term basis.
The most common ways for Americans to gain Italian citizenship are through naturalization or marriage. However, one lesser-known option is Italian citizenship by descent. In fact, if you have Italian heritage, you may very well qualify for it without even knowing.
In principle, anyone of Italian descent — no matter how far back — could be eligible for citizenship by descent. Of course, as with all legal matters, there are some stipulations attached. Below, we’ll provide an overview of Italian citizenship by descent and break down some of the more important details and restrictions.
What is jure sanguinis, & why is it important?
Italian citizenship by descent is based on the principle of jure sanguinis (which comes from the Latin jus sanguinis, “right of blood”). Jure sanguinis holds that citizenship is determined by the nationality of one’s birth parents. Under this system, nationals of a given country pass citizenship onto their direct blood relations, regardless of where those descendants are born.
However, many countries place limits on claiming citizenship by descent — particularly when they’re born in another country. Most member countries in the European Union (EU) allow citizenship to be passed on for up to two generations. In other words, they only let you apply for citizenship by descent if your parent or grandparent held that country’s nationality.
Italy is unique in that they have no generational limit to jure sanguinis. As such, Italians can pass down citizenship over centuries. That said, there are a few caveats, which we’ll cover below.
Italian citizenship by descent eligibility checklist
The criteria below can help determine whether you’re eligible for Italian citizenship by descent:
You have an Italian ancestor who:
Was born in Italy on or after March 17th, 1861 (the day the Kingdom of Italy was officially established)
Is directly related to you
Did not lose or forfeit their citizenship before having children
Did not voluntarily acquire another citizenship before August 16th, 1992
Note: Acquiring citizenship by virtue of their birthplace (jus soli) does not disqualify the ancestor
Did not naturalize in the US or another country before July 1st, 1912
Did not have parents who became naturalized citizens of another country before the ancestor in question turned 21
Even if your ancestor lost their citizenship or right to pass down citizenship, however, all is not necessarily lost.
Depending on the circumstances, attorneys may be able to challenge an ancestor’s loss of citizenship or right to pass down citizenship in court. In any case, it’s typically a good idea to consult an Italian immigration attorney regardless due to the complexity of Italian laws on immigration.
It’s also worth noting that you may encounter complications if your Italian ancestor was a woman, although there has been some significant progress in that area in recent years.
The lawsuit that made obtaining Italian citizenship more accessible & equitable
Historic citizenship laws often reflect antiquated social norms and hierarchies. Case in point: For many years, children born to Italian women could not claim citizenship through their maternal line, however, children born to Italian men could.
In 1948, Italy changed that law, allowing children to claim Italian citizenship through an Italian father or mother. The rule only applied to those born after January 1, 1948, though, which still significantly limited descendants’ ability to claim matrilineal Italian citizenship. In 2009, however, an Italian supreme court case forbade gender discrimination in citizenship claims.
The not-so-great news is that Italian consulates still refuse to process so-called “1948 cases.” Fortunately, those who trace their Italian heritage back to a female ancestor can still apply for Italian citizenship by descent — they just need to apply through the court system.
Which documents are required for Italian citizenship?
To have your petition for Italian citizenship by descent approved, it’s critical to have all of the necessary paperwork in order. This includes:
- A copy of your passport or other official ID
- Proof of residency: This might include a driver’s license, utility bill, signed lease, etc.
- Completed application forms: There are four types of forms you must fill out, including:
- An application for Italian citizenship
- A declaration confirming that you have not previously renounced Italian citizenship
- A declaration confirming that your living Italian ancestors have not previously renounced Italian citizenship
- A declaration confirming that your deceased Italian ancestors have not previously renounced Italian citizenship
- Your birth certificate
- Vital records for all relevant family members: You’ll need to procure birth certificates, marriage certificates (and, if applicable, divorce certificates), and death certificates for all of your relatives dating back to and including your Italian ancestor
- Naturalization records for your Italian ancestor: This must include your ancestor’s Declaration of Intention/Petition of Naturalization AND their naturalization certificate
- Note: If your Italian ancestor was never a naturalized US citizen, you must procure an Original Certificate of Nonexistence of Records by the US Citizenship & Immigration Services (USCIS) plus a copy of the first available census after the birth of the Italian ancestor’s first US-born child
- Money order or cashier’s check for €600: This must be made out to the consulate through which you are applying. Make sure to confirm the equivalent dollar amount before writing it out
Tips for gathering documents
For most people applying for Italian citizenship by descent, gathering documents for their ascendants is by far the most difficult part of the application. Here are a few places to start:
- Online research: Search your ancestors’ names (and variations of them) on genealogy websites. FamilySearch is particularly valuable, as it’s free. If you’re able to find a document, contact the issuing body for an official copy
- Vital records offices: Each US state has a vital records office. Through them, you should be able to procure birth, marriage (and divorce, if applicable), and death certificates for your relevant ascendants. In most cases, you will need to prove your relation to the ancestor in question
- Note: You typically have to visit these offices in person and often, with a prior appointment. Look up your state’s rules to confirm
- Churches: Before states began collecting vital records as a standard practice, churches often held records of baptisms, marriages, and sometimes deaths. Even if you’re seeking records from long ago, it’s worth reaching out to churches near where your ancestors lived — you might be surprised how long they hold onto documents
- Comuni: In Italy, Comuni are administrative divisions similar to townships or municipalities in the US. Reach out to the Comune where your Italian ancestor resided to procure birth, marriage, and death certificates
- The National Archives: You’ll turn to the National Archives to find Declarations of Intention and Petitions for Naturalization in the US as well as official Census records
- U.S. Citizenship & Immigration Services (USCIS): USCIS will be able to issue an Original Certificate of Nonexistence of Record(s) if you are unable to find naturalization documents for your ancestor
- Genealogists: If you’re still having a hard time finding a certain document, you may want to contact a professional genealogist for assistance. Your immigration lawyer may even be able to refer you to somebody
- Facebook groups: There are several dedicated Facebook groups for those applying for Italian citizenship by descent. If you’re running into any roadblocks, try posting there — someone may be able to help you out
Document translation & legalization
All vital records (e.g. birth, marriage, and death certificates) you collect must be long-form copies certified by the body that issues them. To prove their authenticity, you’ll also need an apostille from the Secretary of State in the state where the document was issued.
Often, you can request an apostilled copy of documents from the state’s Vital Records Office. If the Vital Records Office does not issue apostilles directly, you can take the documents to the Secretary of State or a local apostille service. Note that you may need to book an appointment beforehand.
Furthermore, you’ll need official translations for any vital records you procure outside of Italy. You cannot translate these documents yourself using Google Translate or a similar tool. Instead, you must consult a professional translator. Typically, your consulate can provide you with a list of suitable translators. Otherwise, you can search online for a professional translation service.
Step-by-step instructions on how to apply for Italian dual citizenship by descent
So, what exactly does the application process for Italian citizenship by descent look like? Here’s a brief overview:
- Confirm your eligibility
- Hire an Italian immigration attorney who specializes in citizenship through descent cases (optional, but recommended)
- Gather all of the aforementioned required documents
- Have all records apostilled and translated as necessary
- Schedule an appointment at your local Italian consulate
- Note: Those who trace their Italian ancestry back to a woman born before 1948 must go through the court system in Italy
- Submit your application at the consulate with the €600 fee attached
- Receive approval
- Register your citizenship at the Comune in which you intend to reside in Italy
- Apply for an Italian passport through your local consulate in your country of residence or at your local Police Headquarters (Questura) in Italy
Handling application denials
It can be frustrating and downright disappointing to have your application for Italian citizenship denied. However, it’s not necessarily the end of the road. If you haven’t already, now is a good time to reach out to an Italian immigration attorney.
When a consulate or comune denies your application, they will state the reason for denial. In some cases, this may be something you can remedy. For example:
- If your application was rejected for missing documents, you can re-submit it with all the necessary documents included
- If your application was rejected due to an error on a document (e.g. wrong name or birth date), you can petition to have the document corrected, then re-apply with the updated document
- If your application was rejected because your ancestor lost their citizenship status before they were able to pass it on, your lawyer may be able to challenge that ruling
If nothing else, you may be able to pursue an alternate method of receiving dual citizenship.
Other ways Americans can get dual citizenship in Italy
If you don’t qualify for Italian citizenship by descent, you may be wondering how else to get Italian citizenship as an American. The two other primary ways to qualify for Italian dual citizenship are through marriage and naturalization.
Marriage to an Italian citizen
After being married to an Italian for two years while living in Italy or three years abroad, the spouse of an Italian citizen may be eligible for Italian citizenship by marriage. If you and your spouse have minor children, those required years are halved.
Naturalization
Non-EU foreigners who move to Italy must legally live there for ten years before they are eligible for Italian citizenship. That requirement is shorter for some individuals, such as refugees or those who have worked for the Italian government abroad for at least five years.
Keep in mind that both of these pathways may carry additional requirements, such as proficiency in Italian.
Benefits of Americans getting dual citizenship in Italy
Once you get Italian citizenship, you have all the legal rights, protections, and obligations as any other Italian citizen. You are also permitted to keep your US citizenship, meaning you can be a dual national of both Italy and the United States. Some benefits of Italian dual citizenship include:
International mobility
Holding citizenship in Italy allows you to permanently live, work, and study anywhere in the EU, the EEA, or Switzerland, with very few exceptions.
Social benefits
As an Italian citizen, you may benefit from public programs like Italian healthcare, Italian pension plans, and the ability to enroll your children in Italian public schools and universities. These benefits often extend to anywhere in the EU, EEA, or Switzerland that you move to.
An Italian passport
Being an Italian citizen by descent gives you the right to apply for an Italian passport — the third most powerful in the world, by some measures. An Italian passport allows you to travel to 190 different countries without applying for a visa beforehand.
Purchase Italian property
Purchasing property as an Italian citizen is easier and more tax-advantageous than purchasing it as a non-citizen, non-resident.
Other Italian citizenship advantages
Some other advantages of Italian dual citizenship include the ability to:
- Vote in Italian elections
- Pass Italian citizenship onto your children
- Receive Italian consular protection when abroad
Disadvantages of Italian citizenship
Of course, there are pros and cons to any decision, including applying for Italian citizenship as an American or by descent. Before deciding if getting Italian citizenship by descent is worthwhile, consider the following:
How much does Italian dual citizenship cost?
Applying for Italian citizenship by descent can be a costly process. Beyond the €600 application fee, you may also have to pay to:
- Retain the services of an Italian immigration lawyer
- Hire a genealogical researcher
- Obtain official documents
- Translate documents into Italian
- Add a Hague Apostille to your documents
- Apply for an Italian passport
If you take a DIY approach, Italian citizenship by descent may cost $1,500 to $3,000 in total. All-inclusive packages, however, may reach up to $25,000 or more.
How long does it take to get Italian dual citizenship?
From initial research to application approval, receiving Italian citizenship by descent typically takes one to two years — or even more for particularly complex cases.
How would my Italian tax obligations change?
Italian citizenship in itself doesn’t change your tax obligations. However, you may be subject to Italian taxes depending on how long you stay in Italy per year and which ties you maintain there.
Tax considerations of Italian dual citizenship as an American
Italian taxes
Italy classifies the following groups of people as tax residents:
- Those who are physically present in Italy for over 183 days of the year
- Those who have a residence, or maintain a habitual abode, in Italy
- Those who have a domicile, or those whose principal center of social interests is Italy
Italian tax residents are subject to taxation on their worldwide income, and must file an Italian income tax return unless they:
- Work for just one employer that withholds all income taxes via payroll
- Earn less than €8,000 (~$8,251) in employment income, or €7,500 (~$7,734) in retirement income
National income tax rates in Italy for the 2024 tax year are as follows:
| Taxable Income (EUR) | Taxable Income (USD) | Tax Rate |
| €0 to €28,000 | $0 to ~$29,000 | 23% |
| €28,001 to €50,000 | ~$29,001 to $51,607 | 35% |
| €50,001+ | ~$51,608+ | 43% |
You may also face regional income taxes (ranging from 1.23% to 3.33%) and municipal income taxes (0% to 0.9%). Other taxes you may encounter include:
- Capital gains taxes: Generally 26%
- VAT: Standard rate of 22%, with discounted rates of 0%, 4%, 5%, and 10% for certain goods and services
- Wealth tax on properties outside Italy: 1.06%
Of course, this isn’t an exhaustive list, so don’t hesitate to consult an Italian tax professional if you need help.
American taxes
The US’s system of citizenship-based taxation means that all American citizens and permanent residents who meet the minimum income reporting threshold must file a federal tax return, regardless of where in the world they live.
If you’re also an Italian tax resident, you’re technically subject to taxation by both governments, but don’t worry — this doesn’t necessarily mean you have to pay double taxes on the same income.
While a tax treaty exists between Italy and the US to prevent double taxation in principle, a tricky clause limits its ability to help you. Fortunately, Americans abroad receive certain tax breaks that those stateside don’t.
The Foreign Earned Income Exclusion (FEIE)
Those who pass the Physical Presence Test or Bona Fide Residence Test qualify for the FEIE, allowing them to exclude up to $126,500 from taxation for the 2024 tax year (aka the taxes you’ll file in 2025). Furthermore, you may be able to write off certain housing expenses through the Foreign Housing Exclusion/Deduction.
Foreign Tax Credit (FTC)
The FTC essentially allows you to subtract what you’ve paid in income taxes to a foreign government from what you owe the US government in income taxes, provided that you meet some basic criteria.
Although US expats are often eligible for additional tax breaks, they may also face different or additional reporting obligations. A couple of the most common reports expats must fill out include:
The Foreign Bank Account Report (FBAR)
If you’re an American with $10,000 or more in a foreign bank account at any point in the year, you must report it on FinCEN Report 114 (more commonly known as an FBAR).
The Foreign Account Tax Compliance Act (FATCA)
Those living abroad with over $200,000 in foreign financial assets by the end of the year — or over $300,000 in foreign assets at any point in the year — must report them on Form 8938 per FATCA.
Resources:
- Citizenship by descent (iure sanguinis)
- Re-acquisition of Italian citizenship
- ITALIAN CITIZENSHIP BY DESCENT: UNLOCKING YOUR ITALIAN ANCESTORS HERITAGE AND OBTAIN THE ITALIAN PASSPORT
- Italy – Citizenship by Descent
- How easy (or not) is it to get Italian Citizenship by descent?
- How the 1948 rule really works
- Citizenship by marriage
- Citizenship
- Benefits and Disadvantages of Italian Dual Citizenship
- REVEALED: How much it really costs to get Italian citizenship via ancestry
- Italy – Overview
- Italian citizenship by marriage or civil partnership
- Becoming an Italian Citizen
