Consulates Worldwide Are Issuing Rejection Notices for Citizenship Applications. Here’s What to Do.
Italian consulates across the world have begun issuing formal “Notices of Intent to Reject” (preavviso di rigetto) for citizenship-by-descent applications, citing the Ministry of the Interior’s Circular 43347 of October 2024 and the strict interpretation of the minor issue. If you receive one, do not panic, do not withdraw your application, and do not assume it is final. You have the right to respond.
What Is a Preavviso di Rigetto?
A preavviso di rigetto is a formal administrative notice required under Italian law (Law 241/1990, Article 10-bis) before any public authority can issue a denial. It is not a final rejection. It is a preliminary communication that gives the applicant a specific window, typically 10 days, to submit counter-arguments, additional documentation, or objections before a final decision is made.
The preavviso is a procedural requirement, not a discretionary communication. The consulate is legally obligated to consider any response before issuing a final rejection. This means your response matters.
Why Are They Being Issued Now?
The current wave of rejection notices traces directly to two developments:
Circular 43347 (October 3, 2024): The Ministry of the Interior issued administrative guidance directing all consulates and municipalities to apply the strict interpretation of the minor issue, based on Cassazione Orders 17161/2023 and 454/2024. Under this reading, if your Italian ancestor naturalized while their child was a minor, the citizenship chain was broken.
Law 74/2025 (the Tajani Decree): Applications filed after March 27, 2025 that do not meet the new two-generation limit or other exceptions are being flagged for rejection.
What to Do If You Receive One
Critical Steps
Do not withdraw your application. A preavviso is not a rejection. Withdrawing voluntarily may forfeit rights you still have.
Note the deadline. You typically have 10 days from receipt to respond. This deadline is strict.
Consult a qualified attorney immediately. The response to a preavviso requires legal precision. The arguments you make (or fail to make) at this stage can determine whether your case survives.
Document everything. Keep copies of the preavviso, your response, and any delivery confirmation.
Common Grounds for Rejection and Possible Responses
Minor issue (Circular 43347): If the rejection is based on the strict Article 12 reading, your response should note that the Sezioni Unite have been asked to resolve this question definitively (hearing set for April 14, 2026), that the current interpretation is based on First Section orders that are not binding on all courts, and that your application should be held pending rather than rejected.
Tajani Decree restrictions: If the rejection is based on Law 74/2025, your response should identify which exception under Article 3-bis may apply to your case, and note that constitutional challenges to the law remain pending (Mantova hearing June 9, 2026).
Missing documents: If the rejection cites incomplete documentation, Cassazione Sentenza 14194/2024 has established that filiation can be proven through alternative documents beyond birth certificates. This ruling is now incorporated into Circular 43347 itself.
After the Response
If the consulate proceeds to a final rejection after considering your response, you have the right to challenge the rejection in Italian courts. The judicial route remains available and is not subject to the administrative restrictions. Many practitioners are advising affected clients to file protective judicial proceedings in parallel with their administrative responses.
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This article is provided for informational purposes and does not constitute legal advice.