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Process Guide

When Citizenship Laws Change Mid-Application: 2025–2026 in Review

2025 and 2026 were a whiplash period for citizenship by descent. Four countries changed their rules — two tightening, one mixed, one loosening — and the common lesson is that eligibility is perishable.

Italy — tightened (Law 74/2025). On 27 March 2025, a decree (later Law 74/2025) capped administrative jure sanguinis at roughly two generations, deeming many descendants born abroad never to have acquired citizenship. The Constitutional Court upheld it in 2026 (Sentenza 63/2026). Applications filed before 27 March 2025 are processed under the old rules; everyone else lost the great-grandparent route administratively, though some 2026 court rulings and an EU-law challenge keep a judicial door ajar.

Spain — closed (Democratic Memory Law). The generous "grandchildren" window under the Ley de Memoria Democrática closed on 22 October 2025, with the government confirming no extension. Files registered before the deadline keep processing into 2026; late requests are automatically rejected. If you missed it, alternatives remain — notably a 2-year window to apply if a parent regained citizenship under the law.

Portugal — mixed (Lei Orgânica 1/2026). Effective 19 May 2026, the reform closed the Sephardic route to new applicants and raised naturalisation residency to 10 years — but the grandparent descent route survived intact (A2 Portuguese + effective connection), and a new great-grandchild route opened for those willing to reside 5 years with B1 Portuguese.

Canada — loosened (Bill C-3). In the opposite direction, Bill C-3 came into force on 15 December 2025, abolishing the first-generation limit struck down in Bjorkquist. Previously excluded "Lost Canadians" are recognised retroactively; going forward, passing citizenship to a child born abroad beyond the first generation requires 1,095 days of the parent's physical presence in Canada.

The universal takeaway: your filing date decides which law applies. In every tightening case, applications registered before the cutoff were grandfathered. Treat eligibility as something that can vanish overnight — if you qualify today, file as early as you reasonably can, and keep dated proof of every submission.

Passport Heritage provides informational guidance and document organization services. We are not a law firm and do not provide legal advice. Rules can change without notice — always confirm current requirements with the relevant consulate, embassy or archive before acting.