BREAKING: Italian Ministry Reverses Course on the Minor Issue
In a highly significant development for Italian citizenship applicants worldwide, the Italian Ministry of the Interior has officially adopted the Italian Supreme Court's recent Minor Issue decision and, in an unexpected move, created a process for certain previously rejected applications to be reconsidered.
For many families, the Supreme Court's July ruling was already welcome news. However, one critical question remained unanswered:
What about the people who had already been denied?
On August 10, 2026, the Ministry answered that question with Circular No. 65050/2026, providing administrative guidance that may allow some rejected applicants to have their original citizenship applications reopened and reviewed.
For applicants who believed their Italian citizenship journey would now require filing a court appeal, the circular could represent an unexpected second chance for administrative processing.
A Quick Recap: What Did the Supreme Court Decide?
In July 2026, the United Sections of Italy's Supreme Court issued a landmark ruling on the Minor Issue, rejecting the restrictive interpretation that had been adopted by the Ministry of the Interior in 2024.
The court concluded that when a child was born in a country that grants citizenship by birth, such as the United States, that child could acquire both Italian citizenship by descent and foreign citizenship at birth.
As a result, the later naturalization of the Italian parent while the child was still a minor did not automatically cause the child to lose Italian citizenship or break the citizenship line for future generations.
The ruling effectively restored the interpretation that had been in effect for decades.
The Real Surprise Came From the Ministry
While the Supreme Court's decision was significant, many observers expected the practical consequences to unfold slowly.
After all, thousands of applications had already been denied under the Ministry's October 2024 guidance. In many cases, applicants assumed they would need to pursue legal action or potentially begin the process all over again.
Instead, the Ministry took the unusual step of issuing a new circular that not only adopts the Supreme Court's interpretation but also provides a pathway for certain rejected applicants to seek reconsideration.
Rejected Because of the Minor Issue? Your Case May Be Reopened
According to the Ministry's guidance, individuals whose citizenship applications were formally rejected because of the Minor Issue may be eligible to request reconsideration.
Rather than filing a completely new citizenship application, applicants may ask the same authority that issued the denial to reopen and re-examine the original case.
For many applicants, this may be the most important aspect of the new circular.
One of the most applicant-friendly aspects of Circular 65050/2026 is that it treats these matters as a review of an existing application rather than an entirely new filing.
Of course, authorities may still request additional information or updated documents if needed.
The Request Must Go Back to the Same Office
Applicants should be aware of one important procedural requirement.
The reconsideration request generally must be submitted to the same authority that issued the original denial.
For example:
- A case denied by the Italian Consulate in New York should typically be sent back to New York for reconsideration.
- A case denied by a Comune in Italy should be sent back to that same municipality.
This remains true even if the applicant has since moved to another country or now falls under a different consular jurisdiction.
The reasoning is straightforward: the original office already reviewed the application and maintains the underlying file.
Why March 27, 2025 Still Matters
The Ministry's circular also addresses a question that has concerned applicants since the passage of Law 74/2025.
According to the guidance, applicants whose original citizenship application was filed before March 27, 2025, or whose consular appointment was communicated before that date, may have their reconsidered case evaluated under the legal framework that existed when they originally applied.
For many families, this could be critically important.
In practical terms, some applicants who were denied because of the Minor Issue may now find themselves back under the pre-Tajani rules rather than being evaluated under the newer restrictions introduced by Law 74/2025.
How to Request Reconsideration
The Ministry did not create a single mandatory form for all applicants.
Instead, individuals should first check whether their consulate or comune has issued specific instructions.
If no official procedure has been published, applicants can generally submit a written request asking the authority to reconsider the original denial in light of Circular 65050/2026 and the Supreme Court's ruling.
Applicants should include the date and protocol number from the rejection letter and also attach a copy of the original denial whenever possible.
If eligibility depends on having an appointment before March 27, 2025, it may be helpful to include appointment confirmations or related correspondence.
Is There a Deadline?
At present, Circular 65050/2026 does not establish a specific filing deadline for reconsideration requests.
That does not necessarily mean applicants should wait.
Those who believe they qualify may wish to submit their request sooner rather than later and retain proof of submission and delivery.
As consulates and municipalities begin implementing the new procedures, filing practices may continue to evolve.
Will Every Rejected Case Now Be Approved?
No.
The circular removes a specific obstacle: the interpretation that gave rise to the Minor Issue.
However, citizenship applications can still encounter other challenges.
If an application's denial involved additional concerns, such as documentary deficiencies, discrepancies in records, or separate legal issues, those matters may still need to be addressed.
The circular creates an opportunity for review. It does not guarantee an approval.
Why This Matters
The Supreme Court's ruling was a major victory for applicants. The Ministry's response may be equally important.
By officially abandoning the 2024 interpretation and creating a pathway for reconsideration, the Ministry has given many rejected applicants something they did not expect to receive: a realistic administrative route back into the process.
For families who spent years collecting documents, waiting for appointments, and pursuing recognition of their Italian citizenship, Circular 65050/2026 could prove to be one of the most consequential citizenship developments of 2026.
The story is no longer just about the Supreme Court overturning the Minor Issue. It's about the Italian government unexpectedly providing a mechanism for affected applicants to ask for a second review of cases that many assumed were permanently closed.
What If You Don't Qualify for Reconsideration?
Not every applicant affected by the Minor Issue will qualify for administrative reconsideration.
While Circular 65050/2026 offers an important opportunity for certain previously rejected applicants, it does not repeal or override the restrictions introduced by Law 74/2025. Applicants who never filed, withdrew their application before a decision was issued, or whose application and appointment both occurred after March 27, 2025 may be subject to different rules.
For those applicants, a judicial pathway may still be available depending on the specific facts of the case.
If you're unsure whether you qualify for reconsideration or would like to discuss other potential options, contact our team for a review of your circumstances.