The Two-Year Residency Exception: The Remaining Pathway for Descendants Beyond the Two-Generation Limit

For descendants of Italian emigrants who fall beyond the two-generation limit imposed by Law 74/2025, one exception in Article 3-bis remains potentially viable: if a parent or adoptive parent resided in Italy for at least two consecutive years after acquiring Italian citizenship and before the applicant’s birth. Understanding this exception, its requirements, and its limitations, is now essential for families who can no longer rely on the traditional jure sanguinis route.

The Exception

Article 3-bis of Law 91/1992 (as introduced by Law 74/2025) provides that a person born abroad who holds another citizenship is considered never to have acquired Italian citizenship unless one of several exceptions applies. Exception (d) states that citizenship is preserved where “a parent or the adoptive parent has been born in Italy or has resided in Italy for at least two consecutive years after the acquisition of Italian citizenship and before the birth of the person concerned.”

In practical terms, this means: if your parent (not grandparent, not great-grandparent, but your direct parent) lived in Italy for at least two consecutive years after they were recognized as an Italian citizen and before you were born, you may still qualify for citizenship recognition even if you are beyond the two-generation limit from an Italian-born ancestor.

Who This Applies To

This exception is most relevant for a specific category of families: those where a parent made the decision to move to Italy, establish residency, have their citizenship formally recognized, and then had children. The two-year residency must occur after the parent acquires citizenship and before the child’s birth. Both conditions must be met.

For many diaspora families, this pattern did not occur naturally. Italian emigrants and their descendants typically remained abroad. The two-year residency exception therefore functions less as a preservation of existing rights and more as a gateway for families willing to take the step of relocating to Italy.

What Counts as Residency

The law specifies “resided in Italy for at least two consecutive years.” In Italian administrative practice, residency (residenza) means registration with the municipal anagrafe, the population registry. This is not the same as owning property, having a mailing address, or spending extended vacations. It requires physical presence and formal registration.

For the residency to count toward the exception, the parent must have been registered as a resident in an Italian municipality for at least 24 consecutive months. Gaps in registration, even brief ones, could disrupt the continuity requirement. Detailed anagrafe records will be essential documentation.

The Strategic Implication

For families with deep Italian roots who are now excluded by the two-generation limit, the two-year residency exception creates a forward-looking pathway. A parent who obtains Italian citizenship (through their own eligible lineage, the 1948 rule, or another pathway) and then moves to Italy for two years before having children can secure citizenship for those children regardless of how many generations have passed since the original Italian ancestor.

This is a significant commitment. But for families who value Italian citizenship and are willing to invest the time, it may be the most reliable remaining pathway under the current legal framework.

What This Means for PI Clients

If you are an American family exploring Italian citizenship after the Tajani Decree, the first step is determining whether any existing pathway remains open under your specific family circumstances. Many families have multiple lineage options, and the two-year residency exception adds a new variable to the analysis. In some cases, it may be worth a parent securing their own citizenship first, then establishing Italian residency, to open the door for the next generation.

This is exactly the kind of planning PortaleItaly specializes in. Every family’s situation is different, and the details of your lineage, your documents, and your willingness to relocate determine which pathways remain viable.

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This article is provided for informational purposes and does not constitute legal advice.