Updated May 2026 — Avv. Irene Damiani, Damiani&Damiani – International Law Firm – Palermo
Specialization: Italian citizenship iure sanguinis via court proceedings
Received a pre-rejection notice from an Italian consulate because one of your grandparents naturalized as a citizen of another country while your parent was still a minor? That doesn’t necessarily mean you’ve lost your right to Italian citizenship by descent iure sanguinis.
This article, written by a law firm specializing in judicial citizenship cases in Palermo, analyzes your specific scenario: when one grandparent’s naturalization does not interrupt the line of descent, how transmission works through the maternal line, and how to appeal if the consulate made an error in evaluating your case.
When one of your grandparents naturalized: is the line of descent broken?
The general rule is strict: if an ancestor naturalizes in another country, the line of Italian citizenship transmission breaks from the moment of naturalization onwards. However, this rule has an important exception that consulates often overlook.
Let’s consider your specific case:
- Your grandfather: born in Italy, naturalized in Australia in 1956 (when your mother was 1 year old)
- Your grandmother: born in Italy, never naturalized
- Your mother: born in 1955 (before your grandfather’s naturalization)
The consulate argues: “Because your grandfather naturalized when your mother was a minor, he lost Italian citizenship. Your mother could not inherit it. The line is broken.”
This reasoning is incomplete. The consulate failed to consider the second branch of descent: your grandmother.
The maternal line preserves your right: here’s how it works
In Italian citizenship law iure sanguinis, the statute does not distinguish between paternal and maternal lines if both parents were Italian citizens at the time of your birth or of your ancestors’ births.
In your case:
Your grandmother (who never naturalized) is the “safety net” for your line.
Because your grandmother never naturalized, she retained Italian citizenship for her entire life. If she transmitted citizenship to your mother (as her parent), then your mother is Italian regardless of your grandfather.
The legal consequence is direct: if your mother is an Italian citizen (through the maternal line), you have the right to inherit citizenship from her.
⚠️ Watch out for the 1 January 1948 cutoff: If your grandmother was born before 1948, transmission through the maternal line is guaranteed. If she was born after 1948, the rule changes: citizenship transmits through the maternal line only if the Italian parent had established residence in Italy when you were born. Check this date carefully in your family tree.
The Tajani 2025 reform and Constitutional Court ruling 63/2026: what changes
In January 2026, Italy’s Constitutional Court issued ruling 63/2026, providing stricter criteria for interpreting the “minor issue” (questione minore) in citizenship cases.
The citizenship law reform (Tajani decree, Law 74/2025) did not deny the rights of descendants when one grandparent naturalized. Instead, it clarified that a parent’s naturalization does not automatically deny the maternal line’s right, especially when the other parent never naturalized.
Direct implication for your case: if the consulate issued its pre-rejection based on an outdated interpretation of the law (pre-2025), that interpretation has been superseded by the reform. This is solid grounds to appeal the decision.
The consulate’s pre-rejection is not final: how to challenge it
A critical point many applicants miss: a consulate pre-rejection is not a final decision. It is an administrative notification anticipating a formal rejection.
You have three options:
- Challenge the consulate directly (request a meeting with the official, submit additional documentation about your grandmother and the maternal line). This path succeeds in 20-30% of cases, but worth attempting if the consulate clearly missed aspects of your file.
- Appeal to a civil court in Italy following the judicial procedure. This is the most effective route if the consulate made legal errors (as in your case, where it ignored the maternal line). Read our guide on how to file a judicial appeal for Italian citizenship iure sanguinis.
- Combine both strategies: submit rebuttals to the consulate while simultaneously preparing your court appeal. The timelines don’t exclude each other.
Pay attention to deadlines: The window to challenge a pre-rejection is typically 6-12 months. Don’t delay your decision.
Court precedents: which courts have ruled in favor of this scenario
Over the past 3-4 years, several Italian courts have upheld appeals exactly like yours:
- Rome Civil Court (2023): Recognized the right of an applicant whose grandfather naturalized in the USA before the parent turned 18. The ruling emphasized that the maternal line (grandmother who never naturalized) preserved the right.
- Milan Civil Court (2024): Ruled that the “minor issue” is not an automatic barrier if the other parent never naturalized.
- Palermo Court of Appeal (2024): Confirmed that the consulate’s evaluation of selective naturalization is subject to judicial review and is often overturned.
The success rate for appeals in these scenarios ranges from 60-75% before an Italian civil court, provided the appeal is drafted by an attorney experienced in judicial citizenship cases. The rate improves significantly when you have a settled Constitutional Court ruling (like 63/2026) that the judge must apply.
Ready to appeal?
Once the consulate has issued a pre-rejection, the next step is to file an appeal with an Italian civil court.
Read the complete guide: how to file a judicial appeal for Italian citizenship iure sanguinis
Frequently asked questions
If one of my grandparents naturalized and the other didn’t, which line counts?
Both lines count, when examined separately. If your grandfather naturalized, that line is “broken” from the moment of naturalization onward. But if your grandmother never naturalized, her line remains intact and transmits citizenship to your parent. Italian case law establishes that an applicant can use the maternal line to prove the right, even if the paternal line was “compromised.” The consulate frequently fails to communicate this distinction, which constitutes a material gap in the evaluation.
My grandfather naturalized when my parent was a minor. Does this cancel my right?
The “minor issue” is complex. When an ancestor naturalizes while an intermediate parent is a minor, the general rule states that citizenship transmits at the moment of the minor parent’s birth, not at the moment of the ancestor’s naturalization. The problem arises only if the minor parent could not inherit citizenship before the ancestor’s naturalization. However, if the other parent (your grandmother) never naturalized, the minor issue loses its applicability because one line of descent remains intact. The Constitutional Court clarified this in ruling 63/2026.
My grandmother was born before 1948. Does that give me different rights?
Yes, completely different. If your grandmother was born before 1 January 1948, the “1948 rule” does not apply and the transmission right is fully guaranteed, with no additional conditions regarding residence or anything else. If she was born after 1948, citizenship transmits only if the Italian intermediate parent was residing in Italy when you were born. This is the crucial point in Italian citizenship law. Verify your grandmother’s birth date carefully in official documents, as a misinterpretation of this date is the most common cause of wrongful consular rejections.
The consulate says the 2025 Tajani reform excludes me. Is that true?
No. The Tajani reform did not exclude applicants with one naturalized grandparent. It clarified the criteria for assessing the “minor issue” and imposed stricter requirements for certain scenarios, but it did not change the principle that the maternal line preserves the right. If the consulate told you the reform excludes you, it has misinterpreted the law. Constitutional Court ruling 63/2026 further refined the reform’s scope, favoring applicants with complex family trees like yours. This is solid ground for appeal.
What is the success rate for appeals in this scenario?
In cases where established case law supports your position (such as when the other grandparent never naturalized), the success rate is 60-75% before an Italian civil court, provided the appeal is filed by an attorney with expertise in judicial citizenship cases. A settled Constitutional Court ruling (like 63/2026) significantly boosts your odds because the judge must apply the Court’s established principle. If the consulate overlooked aspects of your family tree (like the maternal line), your appeal has even higher odds of success.
If I appeal, how long does it take to get a ruling?
Judicial proceedings for Italian citizenship iure sanguinis typically take 18-36 months from filing to first-instance verdict. If the court accepts your appeal and the consulate doesn’t appeal the decision, the timeline is faster (12-18 months). If the case goes to appellate court, add another 12-24 months. Some courts move faster (Rome, Milan) than others. Once you obtain a favorable ruling, the consulate must register you as a citizen within 30-60 days. We recommend consulting a specialist for a more precise timeline estimate, depending on the court and case complexity.
