Italian Citizenship by Descent: Consulates Begin Applying Supreme Court Ruling on the “Minor Issue”

What just happened

Italy’s Supreme Court recently clarified the so-called “Minor Issue” in Italian citizenship-by-descent cases. Under the Court’s interpretation of Article 7 of Law No. 555/1912, a child born abroad with both Italian citizenship by descent and foreign citizenship at birth did not lose Italian citizenship merely because an Italian parent later naturalized abroad while the child was still a minor.

The next question is how Italian consulates and municipalities will apply this rule in practice. Recent administrative guidance attributed to the Ministry of the Interior indicates that Italian authorities are beginning to align their approach with the Supreme Court’s interpretation, including when reviewing cases previously denied under the former approach. The reported guidance distinguishes children who were dual citizens from birth from children who initially held only Italian citizenship and later acquired a foreign nationality as a consequence of a parent’s loss of citizenship.

The Italian Consulate in Montréal has also published information on its official website concerning the possibility of requesting a review in relevant cases, including applications that may have been refused under the previous interpretation of the “Minor Issue.” This development appears to follow the reported Ministry of the Interior Circular No. 65050 of 10 August 2026.

For applicants with a pending or previously rejected case, the key question is no longer simply whether an Italian parent naturalized while the child was still a minor. It is whether that child was already a dual citizen from birth. If so, the Supreme Court’s approach may mean that the Italian citizenship line was never interrupted. The reported guidance further indicates that a prior denial based solely on the earlier interpretation may be reconsidered upon request, by the authority that issued it.

If you would like assistance in assessing your case or exploring a possible request for review, we remain at your full disposal.

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