Italian Citizenship by Descent from Pakistan: 2026 Two-Generation Limit Under the Tajani Decree (Law 74/2025)

Italian citizenship by descent (jure sanguinis) has historically been one of the most generous European citizenship-by-descent regimes. Until 2025, descendants of Italians could claim citizenship through a line extending back to 17 March 1861, with no generational limit. For Pakistani applicants with Italian heritage (typically through marriage and migration patterns of earlier generations), the route was a viable path to EU citizenship without requiring residence in Italy.

The Tajani Decree (Law 74/2025), which took effect on 27 March 2025, fundamentally changed this. The Italian Constitutional Court confirmed the reform on 12 March 2026. The two-generation limit now restricts jure sanguinis claims to those with an Italian parent or grandparent born in Italy. This guide sets out the new framework and what it means for Pakistani applicants.

What the Tajani Decree Changed

Before the Tajani Decree, Italian citizenship by descent was available to any person who could trace direct descent from an Italian ancestor without generational limit, provided the citizenship line had not been broken (typically by the ancestor naturalising in another country before the next generation was born).

The Tajani Decree restricts eligibility to descendants with an Italian parent or grandparent born in Italy. Descendants whose Italian ancestry runs through great-grandparents or further back are no longer eligible to claim Italian citizenship by descent.

Who Remains Eligible

Two categories of Pakistani applicant remain eligible. The first is a Pakistani national whose parent was born in Italy and was Italian at the time of the parent's birth (transmission of Italian citizenship to the child). The second is a Pakistani national whose grandparent was born in Italy and Italian, with the citizenship line running unbroken to the grandchild.

The "born in Italy" requirement is the key restriction. A Pakistani applicant whose Italian ancestor was born outside Italy (for example, in a former Italian colony or in another European country) is generally not eligible under the new rules, even if the ancestor held Italian citizenship.

The Constitutional Court Ruling

The Tajani Decree was challenged before the Italian Constitutional Court on multiple grounds, including alleged violation of the principle of equality and breach of acquired rights. On 12 March 2026, the Court rejected the challenges, confirming that the two-generation limit is constitutionally permissible. The reform is now legally settled, and further challenges in this direction are unlikely to succeed.

Pre-March 2025 Applications: Transitional Position

Italian case law tends to exclude the application of the new restrictions to citizenship applications already filed before 27 March 2025. Pakistani applicants whose applications were lodged at Italian consulates or with municipalities before that date may still be processed under the previous rules. The transitional position is fact-specific; applicants should consult Italian counsel to confirm the position in their specific case.

Documentation Chain from Pakistan

For Pakistani applicants who remain eligible under the post-2025 rules, the documentation chain typically includes: the applicant's Pakistani birth certificate; the applicant's parent's birth certificate showing Italian birth and parentage; the Italian ancestor's vital records (birth certificate, marriage certificate, death certificate where applicable) obtained from the relevant Italian commune; non-naturalisation certificates from any country where the Italian ancestor lived; and chain-of-title documents demonstrating that the citizenship line was not broken.

All Pakistani-issued documents require apostille from MOFA in Islamabad and translation into Italian by an accredited translator. The application can be made at the Italian Embassy in Islamabad or, for applicants resident in Italy, at the relevant Italian commune.

Documentary Chain: Italian Ancestor to Pakistani Applicant

Italian citizenship by descent (jure sanguinis) requires a documentary chain from the Italian ancestor through every intermediate generation to the Pakistani applicant. For each link in the chain, the applicant produces a birth certificate, marriage certificate where applicable, and death certificate where applicable, with the chain showing that no intermediate ancestor naturalised in another country before the next generation was born. Where any intermediate ancestor naturalised before the next generation was born, the chain breaks and the route is not available through that line.

Italian-issued documents are generally available from the Comune (municipality) of the Italian ancestor's birth, marriage, or death and require no apostille for use in Italy itself. Pakistani-issued documents (NADRA records, marriage certificates, death certificates) require certified Italian translation by a sworn translator and apostille by the Pakistan Ministry of Foreign Affairs before submission.

The 1948 Rule and Maternal Lines

Italian citizenship through the maternal line was historically restricted: a child born before 1 January 1948 to an Italian mother could not inherit citizenship through the mother because the Italian Constitution's equal treatment provisions only took effect on that date. The Italian Constitutional Court has, in a series of decisions, opened maternal-line claims for births before 1948 through judicial proceedings rather than the standard administrative route. Pakistani applicants relying on a maternal line crossing the 1 January 1948 cut-off should expect the case to be filed in Italian court rather than processed through a consulate or Comune.

The Tar Lazio (administrative court of Rome) is the venue for many such cases, and the proceedings have predictable structure but require Italian counsel admitted to practice. The cost and timeline of the judicial route are higher than the administrative route but the success rate where the documentary chain is sound is also high.

Recent Reforms and Generational Limits

Italy has tightened the citizenship by descent rules in recent years, including a 2025 reform package that introduced a generational cap at the great-grandparent level for many claimants and tightened the documentary requirements. The reforms have not extinguished the route, but they have narrowed it and made the documentary preparation more important. Pakistani applicants with claims that touch the generational cap should verify the current rules at the time of filing rather than relying on guidance written before the reform.

Filing Through the Italian Consulate or Italian Comune

Pakistani applicants with a complete documentary chain can file the citizenship by descent application through either the Italian Embassy in Islamabad (with jurisdiction limited to applicants resident in Pakistan) or the relevant Italian Comune (where the applicant is resident in Italy or where the ancestral records are held). The consular route is administratively simpler but slower, with current processing timelines extending to two years or more in many consulates. The Comune route requires the applicant to establish Italian residence first, which has its own immigration implications.

The third option is the judicial route through the Italian courts, which has been used both for 1948-rule maternal-line cases and increasingly for cases where consular delays are unreasonable. Pakistani applicants with strong documentary chains who are facing extended consular delays sometimes find the judicial route faster despite the higher legal costs, because Italian courts have decided that excessive consular delay is itself unlawful.

A Word on How This Work Should Be Handled

The route described above is governed by specific regulations and procedural rules that produce predictable outcomes when handled correctly. The figures, deadlines, and procedural steps in this guide are accurate as at 29 April 2026 and should be re-verified against the relevant official source before any application decision is made. Where any element of the framework changes between now and the application date, the changes will affect outcomes; static guides are useful but not a substitute for current verification.

LexForm prepares each application as legal work, not as a form-filling exercise. Where the route is genuinely a strong fit, careful preparation produces a clean grant on first application. Where the route is not the right fit, the same careful preparation surfaces that fact early. The first step is a short eligibility review against the applicant's specific facts; no fee for the initial assessment.