A system in full transformation
Those with Italian roots who wish to obtain citizenship by descent face in 2026 a landscape radically different from three years ago. In little more than twelve months a series of major events occurred: the Tajani Decree-Law (28 March 2025), its conversion into law (L. 74/2025, 2 May 2025), the immediate suspension of Prenot@mi by dozens of consulates, the ruling of the Constitutional Court (12 March 2026) confirming the reform, and the new reorganisation law approved by Parliament on 14 January 2026.
The practical result is that the question "Consolato or Comune?" no longer has a single answer. It depends on who you are, where you reside, how many generations separate you from your emigrant ancestor and — above all — what you did before 27 March 2025. This guide is a map.
The reform created two distinct regimes. Those who had a confirmed appointment via Prenot@mi or from the consular post by 23:59 on 27 March 2025 are governed by the previous rules (unlimited transmission through the male line, with pre-1948 exceptions for the female line). Those who did not have that appointment are subject to the new rules, which limit access to the second generation.
The comparison at a glance
| Feature | Consulate Route | Comune Route (in Italy) |
|---|---|---|
| Where to apply | Italian consulate in country of residence | Italian Comune where you reside |
| Main requirement | Residence within the consular district | Genuine and continuous residence in Italy |
| Prenot@mi | Suspended at many posts since 28/03/2025 | Not required |
| Real timelines 2026 | 5–12 years (São Paulo), 3–7 years (New York, Buenos Aires), 2–4 years (Melbourne) | 90–180 days from filing |
| Generational limit (new rules) | Yes, for those without a 27/3/2025 appointment | To be clarified by ministerial circular |
| Cost | Consular fee (~€300) + documents | No municipal fee + documents + cost of living in Italy |
| Residence in Italy required | No | Yes — genuine, not fictitious |
| Procedure deadline | 36 months (2026 law) — but without practical guarantee | 90 days (fastest Comuni: 30–60 days) |
| From 2029 | Single MAECI office in Rome — paper-based procedure | Unchanged |
Consulate Route — the real situation
Until 27 March 2025, the consular route was the standard path for the vast majority of Italian descendants abroad: you waited your turn on Prenot@mi, gathered your documents and filed your application. Slow, but clear.
Today the situation has changed dramatically. On the morning of 28 March 2025, the day after D.L. 36/2025 entered into force, dozens of consulates published urgent suspension notices: no new Prenot@mi appointments, no acceptance of applications received by post after 23:59 on 27 March 2025. The stated reason: awaiting operational instructions from the MAECI on how to apply the new rules.
Real waiting times by consular post (2026 operational estimates)
The times shown are operational estimates based on practice and litigation — not official data published by the consulates. The Prenot@mi status varies by post and is updated frequently: some posts partially reopened after the initial March 2025 suspension.
| Consulate | Estimated waiting times | Prenot@mi status (May 2026) |
|---|---|---|
| São Paulo (Brazil) | ~10–12 years | Suspended |
| Buenos Aires (Argentina) | ~5–7 years | Suspended |
| New York (USA) | ~4–6 years | Suspended |
| Toronto (Canada) | ~3–5 years | Partially open |
| Melbourne (Australia) | ~2–4 years | Partially open |
| Chicago (USA) | ~3–5 years | Suspended |
| Philadelphia (USA) | ~4–6 years | Suspended |
| San Francisco (USA) | ~3–5 years | Suspended |
The law approved on 14 January 2026 (D.d.L. 1683) sets the maximum deadline for the consular procedure at 36 months from the submission of the application. A step forward on paper — but the waiting times to obtain an appointment are not included in this count. Those who must wait 10 years to be received will then have another 36 months of review.
The new rules: who can still apply at the consulate
After the reform, a consular application is admitted only for those who fall under one of the following exceptions provided by Art. 3-bis of L. 91/1992:
Confirmed appointment by 27/3/2025
Those who had the email confirmation from Prenot@mi or from the consular post by 23:59 on 27 March 2025 follow the old rules. The right is "frozen" at that date.
Parent or grandparent with exclusive Italian citizenship
Those who have a parent or grandparent who held (or holds) exclusively Italian citizenship — without ever having acquired another nationality — may apply regardless of generation.
Parent resident in Italy for 2 years
Those who have a parent who resided in Italy for at least two consecutive years after acquiring Italian citizenship and before the applicant's birth.
Direct second generation
Child or grandchild (in direct line) of a citizen Italian by birth. The reform set the limit at the second generation for those not covered by the exceptions above.
Comune Route — faster, but with conditions
The Comune route is the submission of the application to the mayor of the Italian municipality where the applicant resides. It does not require Prenot@mi, there are no consular queues and the procedure is completed within 90–180 days from filing. In many northern municipalities the case is resolved in 30–60 days.
The advantage is clear. The constraint is equally clear: you must genuinely reside in Italy. This is not a mere bureaucratic formality — municipalities, especially those with a high volume of Jure Sanguinis applications, carry out real checks through the municipal police. Anyone who declares a fictitious residence solely to speed up the process is committing a criminal offence.
How it works in practice
The applicant registers with the registry office (anagrafe) of the chosen Comune and waits the statutory 45 days for the residence to take effect. No residence permit is required: a declaration of presence is sufficient. Once 45 days have elapsed, they submit the application with all the genealogical documentation and await the conclusion of the procedure.
The Comune must obtain from the competent Italian consulates a certificate confirming that the ancestors did not renounce Italian citizenship. This phase — the slowest — can add 2–6 months to the review timeline.
The Comune route shifts jurisdictional authority to the mayor of the municipality of residence — but it does not remove the substantive requirements of L. 91/1992 as amended by the 2025 reform. Those who do not fall within the Art. 3-bis exceptions cannot use residence in Italy as an alternative to bypass the generational limits. The Comune route is faster for those who already have the right to citizenship, it is not a shortcut for those who are excluded.
Circular K.28.1 of 1991 expressly refers to Art. 3 of D.P.R. 223/1989: residence is the habitual abode. Municipalities with a high influx of Jure Sanguinis applications carry out checks through the municipal police. A false declaration results in a criminal complaint and cancellation of residence — with consequent invalidity of the citizenship application already filed.
Which Comune to choose
Not all municipalities are equal in speed and organisation. Some northern municipalities (Milan, Monza, municipalities in Lombardy and Veneto) have efficient civil registry offices and predictable timelines. Many small central and southern municipalities, while attractive for perceived bureaucratic simplicity, have limited resources and can accumulate delays. The choice of municipality must be based on where you actually reside, not on where you assume there are fewer checks.
Not sure which route is right for you?
ImmiLex analyses your genealogical and residential situation, identifies the fastest path and manages the entire process from start to finish — consulate, Comune or judicial route.
Case studies — who should choose what
Under the new rules, Marcos is in the fourth generation and does not fall within the Art. 3-bis exceptions: his grandfather was naturalised Brazilian, no appointment by 27/3/2025. Neither the Consulate nor the Comune can recognise his Jure Sanguinis citizenship — the Comune applies the same substantive requirements, it is not a shortcut. Avenues to explore: further research into exceptions not yet identified, or citizenship by naturalisation after 10 years of lawful residence in Italy. A preliminary consultation is essential.
→ No evident Jure Sanguinis path — consultation requiredJennifer has the email confirmation before 27 March 2025: the old rules apply. The New York consulate must honour that booking. The risk is that the post-appointment review timeline may still be long. It is worth considering whether moving to Italy for a few months could accelerate the already-initiated process.
→ Consulate Route — pre-reform rulesValentina's father holds exclusively Italian citizenship. She falls under the Art. 3-bis, letter c exception of L. 91/1992: the application is admissible even without the 27 March appointment. She must prove the exclusivity of her father's Italian citizenship with adequate documentation. Estimated timelines at the Buenos Aires consulate: 5–7 years.
→ Consulate Route — exclusive Italian parent exceptionWith four generations and no applicable Art. 3-bis exception, neither the Toronto consulate nor an Italian Comune can recognise his Jure Sanguinis citizenship: the substantive limits of the reform apply in both cases. Citizenship within 2 years through this route is not achievable. Luca can explore work permits in Europe (EU Blue Card, self-employment visa) that do not require Italian citizenship.
→ No Jure Sanguinis path — consider EU Blue Card or other visasSophie's case is complex: it involves both the pre-1948 limit on maternal transmission and the issue of the parent being a minor at the time of the grandfather's naturalisation. The Joint Sections (Sezioni Unite) of the Court of Cassation discussed these cases at the hearing of 14 April 2026. Pending the written judgment, the judicial route before the Civil Court of Rome is the only one that can resolve the case.
→ Judicial route — Civil Court of RomeAna Paula is in the third generation (direct granddaughter of an Italian). Under the reform she falls within ordinary access as second generation from the grandfather. But the São Paulo consulate is practically inaccessible. Case law has recognised that the practical impossibility of obtaining a consular appointment legitimises recourse to the Civil Court of Rome via the judicial route — regardless of the genealogical line.
→ Judicial route due to excessive consular timelinesFAQ
It depends on your situation. If you had a confirmed appointment via Prenot@mi by 23:59 on 27 March 2025, the previous rules apply. If you did not have the appointment, the new rules limit access to the second generation, with exceptions (parent/grandparent with Italian citizenship only, parent resident in Italy for 2 years). Many consulates have suspended Prenot@mi and are not accepting new bookings pending ministerial instructions.
From the moment you file the application at the Comune, the procedure is completed within 90–180 days. The Municipality of Milan indicates 90 days as the standard deadline. In more organised municipalities with a smaller caseload, timelines can drop to 30–60 days. The preliminary residence registration phase requires an additional 45 days before filing.
The Comune route (filing with the mayor of the municipality of residence) was not eliminated by the reform. However, the Comune applies the same substantive requirements of L. 91/1992 as amended by Art. 3-bis: it shifts jurisdictional authority, not the eligibility criteria. Those who fall within the reform's exceptions and genuinely reside in Italy can file at the Comune with much faster timelines than the consulate. Those who do not fall within the exceptions cannot use residence in Italy to bypass the generational limits.
From 2029, jurisdiction over applicants residing abroad will be centralised in a single MAECI office in Rome. Applications will have to be sent directly to the Ministry, using a predominantly paper-based procedure. The transitional phase (2025–2029) maintains consular jurisdiction but with an annual cap on applications linked to the number of cases concluded the previous year. Those who want to avoid this further complication have an interest in starting the process now.
No. Fictitious residence is a criminal offence (false declarations to a public official) and municipalities carry out real checks through the municipal police. Those discovered face criminal prosecution, cancellation of their residence registration and invalidity of the citizenship application already filed. Residence must correspond to your genuine habitual abode.
The practical impossibility of obtaining a consular appointment is recognised by Italian case law as a condition that legitimises recourse to the Civil Court of Rome via the judicial route — regardless of the genealogical line. This effectively bypasses the consular waiting times. Legal representation by a lawyer authorised to appear before the Rome Court is required.
Minor children automatically acquire citizenship together with the parent who obtains it via Jure Sanguinis. For children who were minors on 24 May 2025 (the date L. 74/2025 entered into force), whose parents obtain recognition based on an application filed by 27 March 2025, there is a specific declaration window. Note: the deadline has been extended to 31 May 2029 by L. 28 February 2026 n. 26 (which converted D.L. 31 December 2025 n. 200) — no longer 31 May 2026 as originally provided. Adult children must file an independent application.