This site uses technical (necessary) and analytics cookies.
By continuing to browse, you agree to the use of cookies.

Acquisition of Italian citizenship by “benefit of law” (minor children born abroad)

The following procedure is reserved exclusively for minor children with at least one parent is an Italian citizen by birth (iure sanguinis) who does not transmit automatically Italian citizenship (consult the section of the website relative to Vital Records).

This procedure does also not apply to the minor children of Italian citizens who acquired citizenship through:

  • Naturalisation (Art. 9, Law No. 91/1992)
  • Acquisition by special provisions (Art. 4, Law No. 91/1992)
  • Marriage (Art. 5, Law No. 91/1992 or Art. 10, Law No. 555/1912)
  • Acquisition as a minor living with a newly naturalized parent (Art. 14, Law No. 91/1992)

This means that, for example, a parent who acquired Italian citizenship through a previous marriage to an Italian citizen cannot submit a declaration of intent for his/her minor child to also acquire Italian citizenship, unless the other parent is Italian by birth. Likewise, an Italian citizen who acquired Italian citizenship because, at the time, they were a minor child living with their naturalized Italian parent cannot submit a declaration of intent.

In two cases—specified by Article 4, paragraph 1-bis of Law No. 91/1992 and Article 1, paragraph 1-ter of Decree-Law No. 36/2025—minor children born abroad to a parent who does not automatically transmit citizenship may acquire Italian citizenship.

The minor who benefits from this acquisition will not be a citizen by birth (iure sanguinis).
According to Article 15 of Law No. 91/1992, the child does not acquire citizenship at birth, but the day after the legal conditions are met.

A) First case (Article 4, paragraph 1-bis of Law 91/1992)
All the following conditions must be met jointly:

  1. One parent must be an Italian citizen by birth. This excludes those who are citizens by naturalization (Article 9, Law 91/1992), by benefit of law (Article 4, Law 91/1992), by marriage (Article 5, Law 91/1992 or Article 10, Law 555/1912), by reacquisition (Articles 13 or 17 of Law 91/1992), or iure communicatione (Article 14, Law 91/1992).
  2. Both parents (including the foreign parent) or the guardian must sign a formal declaration of intent to acquire citizenship within one year of the child’s birth (or from the date the child’s filiation is legally established from an Italian citizen, or from adoption by an Italian citizen while the child is underage). If both parents are citizens by birth, the one-year period starts from the first recognition of filiation, since that alone transmits citizenship. If the foreign-parent recognition occurs first, the one-year period begins upon recognition by the second parent who is a citizen by birth.

The declaration must be made in person, before the Consular authority. If the parents’ declaration is not made at the same time, the requirement is fulfilled on the date of the second declaration. If filiation (including adoption) is established by only one parent (or if the other parent is deceased), a single parent’s declaration is sufficient. If the minor subsequently lives legally in Italy, the declaration can be made after the one-year deadline, but the minor must maintain at least two consecutive years of residence in Italy after the declaration is submitted.


B) Second case (Article 1, paragraph 1-ter of Decree-Law 36/2025)
This applies when all the following conditions are met:

  • The individual was under 18 on May 24, 2025 (the date the conversion law took effect).
  • They are children of Italian citizens by birth who fall under conditions a), a-bis), or b) of Article 3-bis of Law 91/1992. In other words, their parents were recognized as citizens based on an administrative or judicial application filed by 11:59 PM (Rome time) on March 27, 2025, or via appointment confirmed by the consulate or municipality by that date.
  • The parents’ or guardian’s declaration must be submitted to the consular office by May 31, 2026. If the minor turns 18 after May 24, 2025, they must submit the declaration personally by that date.

The declarations must be made in person at the Consulate General of Italy in Vancouver, in front of Consular Officer authorized to perform Civil Status functions, by appointment, which must be requested by following the instructions provided below.

REQUIRED DOCUMENTS

  • Form CITT02 Acquisition of Italian citizenship by “benefit of law” (minor children born abroad), duly completed and signed by both parents.
  • Valid passports for the parents and child;
  • The child’s original birth document in long-form (not the “Certificate” format) with the apostille (click here for information on the Apostille in Canada):
    – Alberta: Photocopy of a Registration of Birth (click hereto view a sample)
    – British Columbia: Certified Copy of a Birth Registration (click here) or Certified Electronic Extract of a Birth Registration (click here)
    – Saskatchewan: Certified Copy” (also known as “Copy of Registration of Live Birth (click here)
    – Yukon: Restricted photocopy of Yukon Birth Registration
  • Italian translation of the birth certificate (the apostille does not require translation), carried out by a certified translator. Please refer to the “Forms” section for a list of recognized certified translators. The certified translator’s signature must be legalized by the Consulate General and the applicable consular fee (see art. 69 of the Table of Consular Fees) must be paid in Canadian dollars,and  in either cash or money order payable to the Consulate General of Italy in Vancouver.
  • “Certificato storico di cittadinanza” of the Italian parent, to be requested from the Italian municipality where the citizenship was obtained. For Italian citizens registered with AIRE and residing in this consular district, the certificate of Italian citizenship by birth of the father or mother can be replaced by a self-declaration (dichiarazione sostitutiva di certificazione).
  • Receipt of the €250 contribution payment made in favour of the Ministry of the Interior. The receipt must bear the original stamp of the Canadian bank where the payment was made.

 

APPLICATION FEE (Article 9-bis of Law 91/1992)

A fee of €250 per minor must be paid via bank transfer to the Ministry of the Interior (bank fees to be borne by the person requesting the transfer):

  • Beneficiary: “Ministero dell’Interno D.L.C.I Cittadinanza”
  • Bank: Poste Italiane S.p.A.
  • IBAN: IT54D0760103200000000809020
  • Reason for payment: “Acquisto cittadinanza a seguito di dichiarazione ex art. 9‑bis L. 91/1992” and the name and surname of the minor
  • BIC/SWIFT for foreign transfers: BPPIITRRXXX (Poste Italiane)  (for wire transfers from Canada)
  • BIC/SWIFT: PIBPITRA (for EUROGIRO circuit operations)

 

HOW TO SUBMIT THE APPLICATION AND REQUEST AN APPOINTMENT FOR BOTH OF THE ABOVE-MENTIONED CASES

1. Once you have all the required documentation listed above, create a profile on the online booking portal  Prenot@mi (creating the profile is sufficient: it is not necessary to make a booking), and send an email with the above-mentioned documentation to ricezione.vancouver@esteri.it
2.
The Office will schedule an appointment through the Prenot@mi portal on the earliest available date. Information regarding the date and time of the appointment will be communicated via email as well as through the Prenot@mi portal. Please make sure to also check your spam folder.
3. Both parents must appear in person at the offices of the Consulate General of Italy in Vancouver, bringing with them the original documentation.

Once the minor acquires Italian citizenship through these provisions, they may renounce it after reaching adulthood, provided that doing so does not result in statelessness.

 

Last update: 30/10/2025