No More “Minor Issue”: the new rules for reviewing citizenship applications

New guidance for Italian public administrations

The recent ruling of the Italian Court of Cassation, sitting in United Sections, has brought a significant change to the legal interpretation of the so-called “minor issue,” putting an end to a debate that had continued for many years.

Following the judgment, the Italian Ministry of the Interior has prepared a circular intended to clarify how public administrations should apply the principles established by the Court.

Under the new interpretation of Articles 7 and 12 of Law No. 555/1912, individuals born abroad who acquired Italian citizenship by descent while simultaneously holding the citizenship of a country applying the ius soli principle may retain their Italian citizenship even where their Italian parent subsequently became a citizen of another country while they were underage.

The relevant cases concern naturalizations that took place between July 1, 1912, and August 15, 1992.

What happens to applications that were previously rejected?

The new interpretation may also have consequences for individuals whose applications for recognition of Italian citizenship were previously refused because of the “minor issue.”

Where the denial was based exclusively on Articles 7 and 12 of Law No. 555/1912, in accordance with the interpretation previously adopted by the authorities and reflected, among others, in Circular No. 43347 of October 3, 2024, it may now be possible to ask the competent administration to reconsider the case.

The reassessment should be carried out by applying the legislation and legal framework that were in force when the original application was submitted.

This is particularly relevant for applications filed before March 27, 2025. In such cases, the restrictions introduced by the subsequent citizenship reform should not be applied when reviewing the original application.

The request for reconsideration must be addressed to the same authority that issued the original refusal, even if the applicant has since moved to another municipality, region, or country.

Could you be entitled to request a review?

If your application was rejected because of the former interpretation of the “minor issue,” your case may now deserve a fresh legal assessment.

Eligibility depends on several factors, including the date of the original application, the date of the ancestor’s naturalization, the applicant’s age at the relevant time, and the specific reasons indicated in the denial decision.

If you are unsure whether your previous citizenship application can be reconsidered, we can examine your case and determine whether it falls within the scope of the new interpretation.

Our team can also provide assistance with the request for review and with the subsequent procedure before the competent Italian authority.