Italy’s new requirement bars citizenship for great-grandchildren and makes processes more expensive for Brazilians

European legislation has undergone a significant transformation with the promulgation of new guidelines on the recognition of nationality by descent. The Italian government has set strict limits on the principle of blood rights, restricting automatic granting only to children and grandchildren of citizens born abroad. The measure directly affects a vast portion of the Brazilian population who have European ancestry and planned to seek dual nationality.

The new rules came into force immediately for all new applications, also imposing a fee of 700 euros for each adult applicant. The processes that had already been filed before the publication of the emergency decree continue to be processed under the previous regime, which did not stipulate a generation limit. Ministério of Relações Exteriores from the European nation argues that administrative restructuring was essential to relieve consular services.

Government authorities justify the adoption of restrictions as a necessary mechanism to ensure that new citizens have concrete and contemporary ties with the territory. The current standard requires more complex proof of residence and relationship, changing the scenario for thousands of immigrant families who arrived on the South American continent between the 19th and 20th centuries.

Historical context of changes in legislation

The principle of blood law has guided the issuance of passports in the Italian peninsula since the unification of the territory at the end of the 19th century. Qualquer An individual capable of proving unbroken lineage had the guaranteed right to claim official status.

The significant volume of requests in recent decades generated a structural collapse in diplomatic representations around the world, especially in América Latina. Apenas In Brazilian territory, tens of thousands of recognitions were processed annually, resulting in waiting lines that exceeded the two-year mark. Administrative overload forced parliament to debate emergency solutions to stem the continuous flow of requests based on distant ancestors.

The reformulation of the consular system introduced strict criteria that change the dynamics of service and document analysis for South American applicants. The new legal framework determines that the preservation of the right depends on specific factors, eliminating the flexibility that marked the previous law of 1992. The guidelines establish the following parameters for the continuity of procedures:

• Mandatory declaration of will for children born outside European territory within one year of birth.
• Absolute proof that the grandparents did not renounce their original nationality at any point in their lives.
• Establishment of a deadline for the regularization of minors linked to existing processes.

Documentary requirements for children and grandchildren

Assembling the family dossier became a highly complex step, requiring the presentation of birth, marriage and death certificates for the entire ascending line. Todos Brazilian civil registries must go through the Haia apostille process and receive a sworn translation by officially listed qualified professionals.

Grandchildren of immigrants face the additional challenge of proving their grandparents’ exclusive citizenship until the time of their death. Casos involving great-grandchildren or even more distant generations began to receive automatic rejection at administrative levels, leaving only the judicial route for possible challenges.

Consular procedures and judicial procedures

Scheduling for document delivery occurs exclusively through official digital platforms, which operate with maximum daily access capacity. Diplomatic representations located in capitals such as São Paulo, Rio, Janeiro and Porto Alegre maintain strict in-person service schedules.

Partial digitization of the system requires candidates to submit preliminary electronic copies before the call for physical verification of original papers. Individuals who obtain final approval are immediately entered into the register of residents abroad, guaranteeing access to state services.

The slowness of consular queues boosted the search for solutions in European courts, with lawsuits filed directly in the Italian capital. The new legislation, however, made this alternative more expensive by instituting the individual charging of court fees, discouraging collective actions by large family groups that previously shared procedural expenses.

The implementation of biometric verification systems and the requirement for intermediate-level language proficiency for specific categories have added new layers of difficulty. Payment of consular fees is via international bank slip, with no possibility of refund in case of a negative response from the evaluators.

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Alternative paths to naturalization

The acquisition of official status through length of residence or marriage emerges as a viable route for those who have lost their automatic right through blood lineage. The legislation determines that foreigners without direct ancestry must prove ten years of legal and continuous residence in the territory, a period that is significantly reduced to four years if the individual has some degree of recognized kinship. The process of naturalization by residence requires the submission of a formal application to local authorities, accompanied by rigorous exams that attest to language proficiency and civic integration into society. Paralelamente, the matrimonial route allows spouses to declare their intention to acquire nationality after two years of stable union living in Europa, or three years if living abroad, through consular interviews and thorough background analysis.

Direct impacts on the Italian-Brazilian community

The abrupt change in concession rules left hundreds of thousands of Brazilians in a state of legal uncertainty, especially those who were already investing resources in the search for historical documents. Associações for the defense of immigrants’ rights mobilized legal teams to offer free guidance and try to protect the processes that were in the process of being assembled. European diplomacy issued official statements in an attempt to reassure applicants who filed their requests before the change, ensuring the maintenance of rights acquired under the old law.

The need to prove that ancestors did not become naturalized Brazilians before the birth of their children generated a rush to national and parish archives. Pesquisadores and genealogists report an exponential increase in demand for searches of records from the end of the 19th century, the period that concentrated the largest wave of migration. Escritórios lawyers specializing in international law needed to restructure their operations to meet the new requirements for proof of effective employment relationship.

Advantages of dual nationality

The European passport guarantees free movement, residence and professional activity in all countries that make up the economic bloc, without the need for special visas. Holders of the document access public health systems and higher education institutions with exemption from fees and maintain intact political and civil rights in their nation of origin, in addition to priority in hiring in strategic sectors.

Preparation and organization of documents

The civil records collection stage requires financial planning and patience, considering that the total costs for issuances, apostilles and translations can easily exceed the thousands of euros mark. Locating baptismal certificates in small European communities requires the help of local professionals specialized in physical searches.

Experts recommend carrying out a feasibility analysis before starting any financial investment in the recognition process. The prior evaluation of the family tree makes it possible to identify possible breaks in the transmission line or unwanted naturalizations that would invalidate the application at the first screening.

Constant monitoring of updates published on government portals is essential to avoid surprises during processing. Quickly adapting to new forms and requirements ensures that the application is not returned due to basic administrative errors.

Implementation of recent guidelines

The transition phase to the new document analysis model follows a strict schedule of technological adaptation in public offices. Funcionários consular officers undergo specific training to apply the automatic rejection criteria in cases that exceed the generational limit established by the authorities.

The consolidation of rules restricting blood rights marks the end of an era of bureaucratic facilities for descendants of immigrants. The focus of European public policies is now turning to attracting individuals who demonstrate a real capacity for economic and cultural integration on the continent.