Italy’s Court of Cassation (Sezioni Unite) has issued a landmark judgment that finally settles the so-called “Minor Issue”—a line of case law that since 2023 had prevented many descendants of Italian emigrants from inheriting citizenship when an ancestor naturalised elsewhere while his or her children were still minors. In its ruling, filed on 29 July 2026 and released to the public late that evening, the court held that children who were Italian at birth under the principle of *iure sanguinis* do **not** automatically lose that status if a parent subsequently acquires foreign nationality. The panel reasoned that the 1912 Citizenship Law (still applicable to pre-1948 events) never provided for the loss of citizenship in such circumstances, and that more restrictive interpretations adopted in 2023-25 were “historically and textually unfounded.” The decision is a game-changer for the vast Italian diaspora—particularly in the Americas—because it restores previously “broken” lines of transmission. Italian consulates in Buenos Aires, São Paulo, New York and Toronto estimate that 30-40 percent of pending applications had been stuck on the Minor Issue; those files can now proceed without additional court action. Several consulates told the press they will reopen online booking calendars next week and hire temporary staff to clear the backlog. For employers, the ruling could expand the talent pool eligible for EU passports, easing the deployment of dual-national staff throughout the bloc. Immigration lawyers also expect a surge in birth-record retrieval work and court filings to correct past denials. While the Interior Ministry must still update its operational circulars, practitioners anticipate that new guidance will mirror the court’s reasoning and enter into force before the autumn “click-day” for work-permit quotas. Companies that relocate personnel to Italy should review internal mobility policies: employees who can now claim Italian citizenship may no longer require work permits, residence visas or posted-worker notifications. HR teams are advised to communicate the change proactively, as processing times for recognition can still exceed two years depending on consulate capacity.
Source: Associated Press
