Homeport Sources checked · 9 Sep 2026
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Who in your family was born in Italy, and what happened after: that is all the check asks. No email, no account. It runs in your browser and your answers never leave it. It can end with a plain no.

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Italian citizenship by descent from Australia, after the 2025 law

The Italian rule is the same in Sydney as it is anywhere else: article 3-bis of Law 91/1992 asks whether a parent or grandparent held exclusively Italian citizenship at the moment the rule measures. What is Australian is where the records come from, and two dates in Australian law: Australian citizenship itself begins on 26 January 1949, and from 20 August 1986 birth in Australia alone stopped conferring it. The posts in Australia publish the new conditions in plain English, and this page follows what they say.

The rule itself is set out on the main page, and the exclusivity test on its own. This page is the Australian half.

The part that is identical everywhere

Article 3-bis treats a person born abroad who holds another citizenship as never having acquired Italian citizenship, unless one of five things is true.

The Interior Ministry circular of 28 May 2025 fixes when exclusivity is measured: at the applicant's birth, or at the ascendant's death if that came first. The Sydney post states the same test in its own words, and adds the rule that has always applied in Australia as everywhere: a woman transmits citizenship to her descendants only from 1 January 1948.

Where the Australian records come from

Civil records: the states and territories

Births, deaths and marriages in Australia are registered by the state or territory. The certificate comes from the Registry of Births, Deaths and Marriages of the place where the event happened. The Melbourne post requires Australian civil status certificates with an apostille and an Italian translation.

Whether the ancestor became Australian

The Melbourne post asks for a declaration of non-acquisition or acquisition of Australian citizenship, apostilled and translated. In its general form the requirement is a certificate from the competent authority of the country of emigration. It states whether the Italian ancestor acquired that country's citizenship before the birth of the next person in the line.

For a person who has died, the Department of Home Affairs has a request for confirmation of Australian citizenship status of a deceased person, Form 1391. It is open to a child or grandchild of the deceased, or to the executor named in the will. For records about a living person or about yourself, the department's access channels are the personal access and freedom of information routes, with Form 424A for access to documents or information.

Apostilles

Australian public documents are apostilled by the Department of Foreign Affairs and Trade, through the Australian Passport Office in each capital city. The department checks the signature, stamp or seal against a specimen it holds, then attaches the certificate.

Fees for these notarial services sit under the Consular Fees Act 1955 and are revised on 1 January each year. We publish no figure. Read the current one on the department's own page before you post anything.

The Australian dates, as questions about your own family

Three questions, and documents answer all three
Was the parent or grandparent you are counting on born in Italy or in Australia? If they emigrated from Italy, is there an Australian naturalisation for them, and does its date fall before or after the birth the rule measures at? And what citizenship did you yourself hold at your own birth?

The third question is the one peculiar to Australia, and it is worth reading twice. Australian citizenship did not exist before 26 January 1949. On that day the Australian Citizenship Act 1948 commenced, and people who were British subjects became Australian citizens.

From 20 August 1986 birth in Australia by itself no longer confers citizenship. At least one parent has to be an Australian citizen or a permanent resident at the birth. A separate rule covers a child ordinarily resident in Australia through the first ten years of life.

Why that matters for the Italian test: article 3-bis is written for a person born abroad who holds another citizenship. The Sydney post lists being entitled exclusively to Italian citizenship as one of its conditions. A person born in Australia after August 1986 to Italian parents who were neither citizens nor permanent residents may not have acquired Australian citizenship at birth. Whether that describes you is a question for the office deciding your file, and not one this page answers.

Filing in Australia, in practice

What we have not documented for Australia

Our step-by-step records material covers United States offices in detail and Australian offices only at the level of this page. That is a limit of what we have verified, not a judgement about Australian files.

Sources, checked on 9 September 2026
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An Australian file turns on the same two facts as any other: who in your family was born in Italy, and what citizenship the person above you held on the day you were born. The check asks for those in family words and names the rule your answers reach.

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