Frequently Asked Questions About Italy's Supreme Court Minor Issue Ruling

My Italian-born parent naturalized before 1992 while I was a minor, but I was born in Italy. Do I qualify?

Not through citizenship by descent.

However, you may qualify for reacquisition of Italian citizenship.

Law No. 74/2025 reopened the possibility for certain former Italian citizens who:

• Were born in Italy, or
• Lived in Italy for at least two continuous years

and

• Lost their Italian citizenship no later than August 15, 1992.

Applications for reacquisition may be submitted until December 31, 2027. Applicants should consult their local Italian consulate for instructions regarding eligibility, required documentation, and filing procedures.

My Italian-born parent naturalized after August 15, 1992 while I was a minor. Do I qualify?

Probably.

The Minor Issue never applied to you.

After August 15, 1992, naturalizing in another country generally no longer resulted in the loss of Italian citizenship. As a result, your parent likely remained an Italian citizen despite becoming a citizen of another country.

You may qualify under Law 74/2025 if your parent is currently an Italian citizen and lived in Italy for at least two consecutive years before your birth.

Every case is different, so we recommend having your lineage reviewed by a citizenship specialist.

Not sure whether you qualify? CONTACT US for a free consultation and personalized review of your citizenship claim.

My Italian-born parent was a minor when they naturalized with my Italian grandparent. Do I qualify now?

No.

This is one of the most misunderstood aspects of the ruling.

The Supreme Court only protected children who were already dual citizens from birth.

The Court did not eliminate what is commonly called Derivative Loss.

If your parent held only Italian citizenship and later acquired a foreign citizenship through a parent's naturalization while still a minor, that loss of citizenship remains valid under Italian law.

The ruling does not restore citizenship in these situations.

Your parent may qualify for reacquisition of Italian citizenship until December 31, 2027, but reacquisition does not automatically extend citizenship to their children.

My American-born parent was a minor when their Italian parent naturalized. Do I now qualify?

Potentially, yes.

This is exactly the type of situation largely protected by the Supreme Court ruling.

However, many applicants still face a second obstacle: Law 74/2025.

Unless you are protected by prior filing activity, you must still satisfy today's administrative requirements, such as:

• Having a parent or grandparent who was exclusively Italian at the time of your birth, or
• Having an Italian citizen parent who lived in Italy for at least two consecutive years before your birth.

As a result, many second-generation applicants who overcome the Minor Issue may still encounter what has become known as the Exclusivity Issue, which currently prevents them from applying through a consulate.

For many applicants in this category, the strongest path now lies through the Italian courts, particularly where there is evidence of intent prior to March 27, 2025. 

Alternatively, if you have another Italian grandparent who never naturalized or who naturalized involuntarily through a spouse, you may have a line of descent that fully qualifies under the current administrative rules. 

I am a third-generation (or later) applicant with a Minor Issue lineage. How does this affect me?

The Supreme Court ruling eliminates the Minor Issue as an obstacle in court.

However, Law 74/2025 remains in effect unless you filed an application, secured a consular appointment, or filed a court case before March 27, 2025.

As a result, many third-generation and later applicants may still not qualify through a consulate or municipality, even though the Minor Issue has been resolved.

The good news is that court petitions benefit from both the new Supreme Court ruling and individualized review by a judge. Judges can evaluate the specific facts of each case, including evidence that you began the citizenship process before March 27, 2025.

For many third-generation and later applicants, the courts remain the strongest path forward.

If you are a third-generation or later applicant, we strongly recommend having your case reviewed individually. The details of your lineage, documentation, and evidence of prior intent can make a significant difference to your legal strategy.

Not sure where you stand? Contact us for a FREE CONSULTATION and personalized assessment of your eligibility.

I filed with a consulate before March 27, 2025 and have a pending Minor Issue application. What happens now?

Nobody knows for certain.

Because the Ministry has not updated its administrative guidance, consulates currently have several possible options:

• Continue issuing rejections
• Suspend processing
• Delay decisions pending new instructions
• Hold files indefinitely

If your application is ultimately rejected because of the Minor Issue, you may have strong grounds to pursue a court appeal.

I had a consular appointment before March 27, 2025 but cancelled it because of the Minor Issue. What now?

You may have one of the strongest possible court cases.

The Supreme Court has now confirmed that the Minor Issue interpretation was incorrect.

Therefore, applicants who cancelled appointments because they were told they would be denied can argue that they were prevented from proceeding due to an unlawful administrative interpretation, not because of any lack of interest or action on their part.

A cancelled appointment is powerful evidence of prior intent.

The same is true for applicants who withdrew applications because of the Minor Issue.

I withdrew my application because of the Minor Issue. Was that a mistake?

No.

The consulates are still bound by the previous ministry circular that instructed them to deny Minor Issue applications.

Applicants who withdrew their applications preserved something extremely valuable:

Their document portfolio.

Had the application proceeded to rejection, most consulates would have retained the filing documentation permanently.

By preserving their document portfolio, these applicants placed themselves in a stronger position to pursue judicial relief while maintaining evidence of their prior intent to seek recognition.

Can I apply through the consulate now?

Maybe, but only if you independently satisfy the requirements of Law 74/2025.

Remember:

• The Supreme Court ruling helps in court.
• The Ministry has not yet instructed consulates to change their procedures.
• Law 74/2025 remains fully in effect.

As a result, many applicants who benefit from the Supreme Court ruling may still be unable to pursue recognition through a consulate. 

For many applicants, the judicial route remains significantly stronger than the administrative route.

Do my children qualify?

Minor children of Italian citizens may generally be registered for citizenship before their third birthday.

Adult children are treated differently and must independently establish eligibility under the current legal framework.

For administrative recognition today, applicants generally must satisfy one of the following:

• An application was filed before March 27, 2025.
• A consular appointment was confirmed before March 27, 2025.
• A court case was filed before March 27, 2025.
• A parent or grandparent was exclusively Italian at the applicant's birth.
• An Italian citizen parent lived in Italy for at least two consecutive years before the applicant's birth.

Applicants affected by the Minor Issue should remember that consulates continue to follow the Ministry's existing instructions until new guidance is issued.

Court cases are different. Judges evaluate each applicant individually and may consider evidence that the recognition process began before March 27, 2025.

For this reason, we generally recommend including all interested and eligible family members in a court petition whenever possible.

What is the fastest and strongest path to citizenship right now?

For most applicants affected by the Minor Issue, the answer is simple:

The courts.

Judges can immediately apply the Supreme Court ruling. They can also evaluate broader legal arguments, evidence of prior intent, and ongoing challenges to Law 74/2025.

A filed court case also protects you from future legislative changes.

For many families, waiting for administrative guidance may simply delay an opportunity that already exists today. Moreover, while future court decisions could create additional opportunities for applicants, they could also prompt further legislative action. In a legal landscape that continues to evolve, pursuing recognition while opportunities exist may help preserve your eligibility and place you in the strongest possible position for future developments.

What's next for Italian citizenship?

The Supreme Court ruling was not the only major development.

Just days earlier, Italy's Constitutional Court referred key questions concerning Law 74/2025 to the Court of Justice of the European Union (CJEU).

The law remains in force, but the referral confirms that serious questions exist regarding whether portions of the legislation are compatible with European law.

If the CJEU ultimately finds that certain restrictions violate EU law, Italian courts could be required to set those provisions aside.

In short, Italian citizenship law remains very much in motion.

The applicants best positioned for success, both now and in the future, are those who already have a complete document portfolio ready to go.

Need help understanding your eligibility? Contact My Italian Family for a FREE CONSULTATION and personalized review of your citizenship claim.