Country Update 2025: ITALY

Contributed by: Ettore Berretta

May 2025

1. Legislative Changes:

In the past year legislative developments on immigration in Italy have primarily

revolved around the Cutro Decree (DL 20/2023, converted into Law No. 50/2023), which has been implemented alongside further regulatory interventions and interpretative circulars. This decree has reinforced measures against irregular immigration, increasing penalties for smugglers and introducing more restrictive procedures for special protection. There has been discussion and implementation of an increase in Centres for Permanent Repatriations (CPRs) and expulsion procedures. Concurrently, quotas for the regular entry of foreign workers have been introduced, focusing on specific economic sectors, although access mechanisms and procedures remain intricate. No comprehensive reforms of the Bossi-Fini law have occurred, but rather targeted interventions on specific aspects.

2. Business Immigration:

The Italian regulatory landscape concerning related immigration matters has seen targeted updates. Regarding business visas, no substantial changes have been noted, remaining anchored in standard procedures for short stays linked to specific commercial activities. Concerning the EU Blue Card, there has been increased attention towards simplifying procedures for highly qualified workers, with a potential broadening of eligible sectors. For seasonal workers, annual "decreti flussi" have continued to define specific quotas for certain sectors (agriculture, tourism), with consolidated entry and temporary stay procedures. For residence permits for non-seasonal subordinate work, no radical reforms have occurred, but rather a more rigorous application of contractual verifications and integration requirements.

Finally, concerning investor visas, the interest in attracting foreign capital has been maintained, with confirmed minimum investments thresholds and specific requirements, without significant legislative innovations.

3. Family based immigration

The Italian legal framework concerning immigration for family reasons has witnessed limited legislative amendments, substantially maintaining the pre-existing provisions. No new, comprehensive statutes specifically dedicated to family cohesion and reunification have been enacted. However, focus has been directed towards the application and interpretation of existing regulations, with certain circulars and administrative practices: a heightened stringency in verifications regarding the authenticity of familial ties and the fulfillment of prescribed requisites has been observed, aimed at preventing abuse.

The timeframes for obtaining the "nulla osta" (clearance) for family reunification continue to present a critical challenge, exhibiting significant regional variations.

4. Asylum:

Italy has continued to adapt its asylum legislation in alignment with European

directives and migratory pressures. There has been a heightened focus on border procedures, with attempts to expedite preliminary assessments and more swiftly identify manifestly unfounded applications. The Cutro Decree (Law No. 50/2023) introduced procedural amendments, potentially impacting the deadlines for submitting applications and access to legal aid. Discussions have ensued regarding the transfer of asylum seekers to other EU Member States within the framework of European agreements, with implementation still partial. No substantive modifications have been made to the definition of refugee or subsidiary protection; however, the application of the relevant legal provisions remains influenced by the prevailing geopolitical context and the volume of incoming flows.

5. Deportation:

The expulsion and deportation regime in Italy has witnessed, over the past year, a stricter application, particularly post-Cutro Decree, with accelerated procedures for individuals deemed a threat to public order or whose protection claims have been rejected. There has been a noted increase in expulsion orders and detentions within CPRs, often accompanied by reports of overcrowding and structural deficiencies.

Regarding Italian Temporary Repatriation Centres (CPRs) located in Albania, the bilateral agreement has been finalized, yet implementation and operationalization face delays and legal-political controversies, with concerns raised regarding compliance with international and EU law relating to human rights and asylum procedures. The overall capacity of the repatriation system remains constrained relative to the number of irregular migrants.

6. Citizenship:

The legal framework concerning citizenship in Italy has remained substantially unchanged. No significant amendments to the existing laws, which continue to be based on the principles of ius sanguinis and ius matrimonii, with limited exceptions for ius soli subject to conditions, have been enacted.

However, public debate has been lively, particularly in anticipation of the

consultative referendum scheduled for June 2025. The proposed referendum, promoted by various associations and political parties, aims to introduce a form of tempered ius soli, granting citizenship to minors born in Italy to foreign parents with at least one parent legally resident for a certain period.

The discussion has focused on the residency requirements of the parents, the necessity of integration of the minors (for example, school attendance), and the potential impact of such reform on Italian society. Positions are polarized, with proponents viewing ius soli as a step towards greater inclusion and opponents fearing a surge in citizenship applications. It is proposed to halve the period of legal residence in Italy required for non-EU foreign adults to apply for Italian citizenship, from 10 to 5 years.

The outcome of the referendum will have a significant impact on the future of citizenship legislation, but it is important to emphasize that it is a consultative referendum, the result of which does not legally bind Parliament to legislate accordingly.