European Citizenship by Descent: Countries, Rules, and Filing

European citizenship by descent is a legal pathway that lets you claim citizenship in a country where you have ancestry, based on the principle of jus sanguinis, or “right of blood.” Italy, Ireland, Germany, Poland, Hungary, Portugal, Bulgaria, Latvia, Lithuania, Luxembourg, Malta, Slovakia, and Greece all offer some form of descent-based citizenship, but each sets its own generational limit, documentation standard, and rules about what breaks the chain. Italy, historically the most open program, restricted eligibility in 2025 and now cuts off most claims beyond grandchildren.

The Rule That Decides Every Claim

Under jus sanguinis, citizenship passes automatically from parent to child at birth. If your parent was a citizen of Italy, Ireland, or Poland when you were born, you may already hold that citizenship by operation of law, even without registration. The word to watch is “may.” Several things can break the chain: your ancestor might have formally renounced their original nationality, naturalized in another country before their child was born, or fallen under a historical law that stripped citizenship in certain circumstances.

The central question in any descent claim is whether your ancestor was still a citizen of their home country at the time their child, the next link in your chain, was born. If your Italian great-grandfather became a U.S. citizen in 1910 and your grandfather was born in 1915, the chain is broken. If your grandfather was born in 1908 and your great-grandfather naturalized in 1910, the chain holds.

Italy

What the 2025 Reform Changed

Italy was historically the most generous program in Europe, with no generational limit. You could trace an unbroken line back to any ancestor who was alive and Italian after March 17, 1861, when Italy unified. That system ended on March 28, 2025, when Italy enacted sweeping restrictions through Decree-Law 36, later converted into Law 74 of May 23, 2025.¹

Under the new law, Italian citizenship passes from parent to child for a maximum of two generations. An applicant born abroad must meet at least one of these conditions:

Hold only Italian citizenship and no other nationality.
Have a parent or grandparent who held exclusively Italian citizenship at the time of the applicant’s birth or at the time of that ancestor’s death.
Have a citizen parent who lived in Italy for at least two consecutive years after acquiring Italian citizenship but before the applicant’s birth or adoption.

The decree’s language is retroactive: individuals who don’t meet these conditions are “considered never to have acquired Italian citizenship.” A fourth-generation Italian American whose family left Italy in the 1890s, where nobody in the chain held exclusively Italian citizenship, has no claim now unless the application was already in.¹

The Grandfather Clause for Early Filers

Applications that were complete and filed, or appointments booked and confirmed, by 11:59 PM Rome time on March 27, 2025, are processed under the old rules with no generational limit. A separate transitional rule covers minor children: if a child was under 18 on May 24, 2025, and a parent’s application was filed before the cutoff, the parent has until May 31, 2026, to submit a declaration on the child’s behalf.¹

The 1861 Rule and the 1948 Exception

Even under the new framework, the original Italian ancestor must have been alive after March 17, 1861. An ancestor born before that date qualifies only if they died after it.² Before January 1, 1948, Italian law did not allow mothers to transmit citizenship to children born outside Italy. Claims running through a mother whose child was born before that date can’t use the standard administrative route at a consulate. You’d need to file a court case in Italy, where judges have recognized the gender-based restriction as unconstitutional and routinely grant citizenship retroactively. These cases typically take about a year and require an Italian attorney.

Italian Fees and Timelines

The consular fee for an adult application is now €600, doubled from €300 under Italy’s 2025 Budget Law.³ Once filed, Italian law gives the consulate 730 days to process, a deadline set by a 2014 decree, though backlogs frequently push actual wait times beyond that.⁴ Getting the appointment through the Prenot@mi online portal is often the longest wait; competition for slots is intense.⁵

Ireland

Ireland’s rules are straightforward. If a parent was born in Ireland, you’re automatically an Irish citizen from birth. If a grandparent was born on the island of Ireland but your parent was not, you can become an Irish citizen by registering on the Foreign Births Register.⁶

The generational limit is firm. The Foreign Births Register extends only to grandchildren of Irish-born citizens. If your great-grandparent was born in Ireland but your grandparent was not, you generally cannot claim Irish citizenship unless your parent registered on the Foreign Births Register before you were born. The registration fee is €278 for adults and €153 for minors, and processing currently takes about 12 months. You’ll need original birth, marriage, and death certificates for yourself, your parent, and the Irish-born grandparent.⁶

Germany

German citizenship passes automatically from parent to child under Section 4 of the Nationality Act, with an important restriction for families abroad for multiple generations. If a German parent was born outside Germany after December 31, 1999, and lives abroad, their child does not automatically acquire German citizenship at birth unless the birth is registered with a German diplomatic mission within one year.⁷

Germany also has special provisions for descendants of people persecuted and stripped of German citizenship during the Nazi era. Article 116(2) of the Basic Law gives these descendants a right to have citizenship restored, and this right is not subject to the born-abroad cutoff. Separate declaration rights exist for children who didn’t acquire German citizenship at birth because their mother rather than father was the German parent, since older German law didn’t always transmit citizenship through mothers.⁷

Poland

Poland has no generational limit. If you can prove that an ancestor was a Polish citizen and that no event in the chain caused a loss, you can apply for confirmation of Polish citizenship regardless of how many generations have passed. The catch is that Poland’s turbulent history created many opportunities for citizenship to be lost. Military service in a foreign army caused automatic loss of Polish citizenship until January 19, 1951. Acquiring foreign citizenship could also sever the chain under the 1920 citizenship act. Poland has allowed dual citizenship only since 1951, so ancestors who naturalized elsewhere before that date likely lost their Polish status.

Hungary

Hungary offers simplified naturalization for descendants of Hungarian citizens. There is no generational limit, but you must show intermediate-level proficiency in Hungarian during an interview, have no criminal record, and produce documentation connecting you to a Hungarian ancestor through an unbroken chain of vital records. Language proficiency doesn’t require a formal exam; the official receiving your application evaluates your ability to communicate during the interview itself.⁸

Other Countries Worth Investigating

Portugal currently allows naturalization for grandchildren of Portuguese citizens, with a proposed expansion to great-grandchildren. Bulgaria and Latvia impose no generational limits. Lithuania, Luxembourg, Malta, and Slovakia generally extend eligibility to the third generation or earlier. Greece typically requires a parent or grandparent born in Greece, with limited provisions for great-grandparent connections. Each country’s rules reflect its own history of emigration and political decisions about ties to diaspora communities.

What Breaks the Chain

Naturalization Timing

The single most common reason claims fail is that an ancestor naturalized in the United States, or another country, before their child was born. For most European countries, voluntarily taking another citizenship meant losing the original one. The exact date your ancestor took the oath of allegiance is the most important piece of evidence in the file. A difference of one day between a naturalization date and a birth date can determine whether the claim succeeds.

Women Marrying Before 1922

Before 1922, American law treated a married woman’s citizenship as derivative of her husband’s. The Cable Act of 1922 changed that, allowing American women to keep their own citizenship after marriage.⁹ The reverse also applied: if your Italian grandmother married an American man before 1922, she may have automatically lost her Italian citizenship under both U.S. and Italian law. If she married after the Cable Act took effect, the analysis changes. Tracing women’s citizenship through this era means paying close attention to marriage dates and the laws of both countries.

Mothers Before 1948

Several European countries historically prevented women from passing citizenship to children born abroad. Italy is the clearest example, with the January 1, 1948 cutoff. If your claim runs through a mother whose child was born before that date, you’ll need the judicial route in Italy rather than the consular one.

The Documents You’ll Need

Every descent claim requires a paper trail connecting you to your ancestor through every generation in between. The core of the file is civil vital records: birth, marriage, and death certificates for each person in the line. These must be official long-form certificates issued by government registrars, not the commemorative or short-form versions some jurisdictions issue by default. Certified copies typically cost between $15 and $53 depending on the state.

Naturalization Evidence

For U.S.-based applicants, the ancestor’s naturalization records are the most consequential documents in the file. You need the Declaration of Intention, the Petition for Naturalization, and the Certificate of Naturalization. If the naturalization occurred in federal court, the Declaration of Intention and Petition are typically held at the National Archives facility serving the state where the court sat. The Certificate itself was given to the petitioner, and a duplicate was sent to what is now USCIS, which maintains copies of records created after September 27, 1906.¹⁰

If your ancestor never naturalized, you’ll need a “no-record” letter from USCIS certifying that no naturalization record exists. That negative proof is just as important as a positive record because it shows the ancestor kept their original nationality for life. Census records from 1900 through 1940, which asked about citizenship status and year of naturalization, can corroborate, though consulates treat them as supporting rather than primary proof.

Name Discrepancies

Names were routinely misspelled, anglicized, or recorded inconsistently. Your ancestor’s birth certificate might say “Giuseppe,” the ship manifest “Joseph,” the naturalization petition “Joe.” These mismatches can derail a claim. Depending on the consulate and how severe the difference is, you may need a court-ordered name correction, an affidavit from a family member, or a legal “one and the same person” declaration. Minor spelling variations are usually resolved with a sworn statement; completely different names may require amending the underlying record with the issuing agency.

Apostilles and Translations

Every document issued in one country and used in another must be authenticated. For countries party to the 1961 Hague Apostille Convention, that means an Apostille certificate rather than the older embassy legalization process.¹¹ For U.S. vital records like birth and death certificates, the Apostille comes from the Secretary of State in the state that issued the document. Federal documents, including naturalization records from the National Archives or USCIS, require authentication from the U.S. Department of State’s Office of Authentications instead.¹² State-level Apostille fees range from about $2 to $26 per document.

All English-language documents must be translated into the official language of the country where you’re applying. Translations must come from a certified translator who attests to their accuracy. Some consulates require the translation itself to be notarized or carry its own Apostille. Professional translations for vital records typically run $30 to $75 per page; complex legal documents or lengthy naturalization petitions cost more. Every document in your file needs a corresponding translation, including court orders, no-record letters, and sworn affidavits.

Filing and What Happens After

For most countries, you attend an in-person appointment at the consulate with jurisdiction over your residence. Italy’s Prenot@mi booking system is the most notorious bottleneck, but consulates for other countries also maintain waitlists that can stretch for months. During the appointment, a consular officer reviews your originals, compares them against the copies and translations, and collects the processing fee. Some countries allow mail-in submissions or use their own online portals.

After submission, the consulate or home government begins verifying your lineage. You’ll typically receive a reference number to track the case. Processing times vary enormously: Ireland’s Foreign Births Register takes about 12 months; Italian consulates have the 730-day legal deadline they frequently exceed. During review, authorities may ask you to supply additional documents or explain inconsistencies. That back-and-forth can add months.

Once approved, you’re registered as a citizen in the country’s records and can apply for a national passport through a separate process. For EU countries, that passport carries the right to live and work anywhere in the European Union. The recognition is permanent and, in most countries, extends to your future children by operation of law.

Spouses and Minor Children

Gaining citizenship by descent doesn’t automatically make your spouse a citizen, but it opens a pathway. Italy allows the foreign spouse of an Italian citizen to apply after two years of marriage if the couple lives in Italy, or three years if they live abroad. Those timeframes are cut in half if the couple has children together. The spouse must demonstrate B1-level proficiency in Italian and show that the marriage has been registered with the Italian municipality.¹³

Minor children generally acquire citizenship automatically when a parent is recognized, though the mechanics differ by country. For Italian claims, you can include minor children in your own application. Under the 2025 reform’s transitional rules, parents of eligible minors under 18 on May 24, 2025, must submit a declaration on the child’s behalf by May 31, 2026, if the parent’s application was filed before the reform cutoff.¹

Tax and Legal Obligations After Recognition

A second citizenship creates legal obligations that catch people off guard. The United States taxes its citizens on worldwide income regardless of where they live, and that obligation doesn’t change when you add a second passport. What does change is your reporting burden if you open bank accounts or hold financial assets in your new country.

If the combined value of your foreign financial accounts exceeds $10,000 at any point during the year, you must file a Report of Foreign Bank and Financial Accounts (FBAR) using FinCEN Form 114. The deadline is April 15 with an automatic extension to October 15.¹⁴ Separately, if your foreign financial assets exceed $50,000 on the last day of the tax year, or $75,000 at any point, you must also file Form 8938 under FATCA with your income tax return. Those thresholds are higher if you live abroad or file jointly. Penalties for failing to file Form 8938 start at $10,000 and can climb to $50,000 for continued non-compliance after IRS notification.¹⁵

Some EU countries impose obligations on citizens that Americans rarely think about. Greece, Austria, Denmark, Estonia, Finland, and Lithuania maintain mandatory military service or conscription requirements. If you’re a dual citizen of one of these countries, you may technically be subject to those obligations, though enforcement against citizens living abroad varies widely. Know what your new country expects of its citizens, beyond the right to a passport, before you file.

1
Consolato d’Italia Brisbane. Citizenship by Descent (New Rules)
2
Consolato Generale d’Italia Londra. Citizenship Iure Sanguinis – Previous Regulatory Framework
3
Consolato Generale d’Italia a New York. Citizenship by Descent – Notice to Users: Consular Fee Increase for Citizenship by Descent (Iure Sanguinis) Applications
4
Consolato d’Italia Sydney. Citizenship by Descent – Previous Legislation
5
Consolato Generale d’Italia Miami. Prenot@mi
6
Ireland.ie. Registering a Foreign Birth
7
Gesetze im Internet. Nationality Act
8
Embassy of Hungary Tel Aviv. Simplified Naturalization (Citizenship)
9
Congress.gov. 67th Congress Session II Chapter 411 – An Act Relative to the Naturalization and Citizenship of Married Women
10
National Archives. Naturalization Records
11
Hague Conference on Private International Law. Convention of 5 October 1961 Abolishing the Requirement of Legalisation for Foreign Public Documents
12
U.S. Department of State. Office of Authentications
13
Consolato Generale d’Italia Boston. Jure Matrimonii (Citizenship by Marriage)
14
IRS. Report of Foreign Bank and Financial Accounts (FBAR)
15
IRS. Summary of FATCA Reporting for U.S. Taxpayers