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Various topics relating to Italian law and how it may impact you

Step-by-Step Guide to Obtaining Italian Citizenship by Descent

 

1. Determine Your Eligibility

Basic Eligibility Criteria:

  • Ancestral Lineage: You have at least one Italian ancestor who was an Italian citizen after the formation of the Italian state on March 17, 1861.
  • Continuous Citizenship Line: The Italian ancestor did not renounce their Italian citizenship before the birth of the next person in your direct line.
  • No Naturalization Before Child's Birth: If your ancestor became a naturalized citizen of another country, it must have occurred after the birth of their child through whom you are claiming citizenship.
  • No Limitation on Generations: There is no limit on the number of generations, provided the line of citizenship was not broken.
  • 1948 Rule Exception: If there is a woman in your direct line who gave birth to her child before January 1, 1948, special legal procedures apply (see our Maternal Line Pre-1948 post).
2. Map Out Your Family Tree
  • Identify Your Italian Ancestor:
    • Start with yourself and trace back to your Italian-born ancestor.
  • Gather Basic Information:
    • Full names, dates, and places of birth, marriage, naturalization, and death for each person in your direct line.
3. Gather Necessary Documents

From Italy:

  • Birth Certificate of Italian Ancestor:
    • Obtain from the Italian commune (municipality) where they were born.
  • Marriage Certificate (if applicable):
    • If the marriage occurred in Italy.

From Other Countries:

  • Birth Certificates:
    • For yourself and all ancestors in the direct line.
  • Marriage Certificates:
    • For your parents and ancestors in the direct line.
  • Death Certificates:
    • If applicable, for ancestors in the direct line.
  • Naturalization Records:
    • Proof that your Italian ancestor did not naturalize before their child's birth.
    • If They Never Naturalized:
      • Obtain a statement of "No Record" of naturalization from relevant authorities.
  • Name Change Documents:
    • If there are discrepancies in names across documents.
4. Authenticate Documents
  • Apostille Certification:
    • Obtain an apostille for each non-Italian document. This is a form of authentication issued by your country's designated authority.
  • Professional Translations:
    • Translate all non-Italian documents into Italian.
    • Use a certified translator recognized by the Italian consulate or authorities.
  • Legalization (if required):
    • Some consulates may require documents to be legalized or verified.
5. Apply at the Appropriate Italian Authority

a. Through the Italian Consulate:

  • Locate Your Jurisdiction:
    • Identify the Italian consulate that has jurisdiction over your place of residence. We have included links so you can find a consulate nearest you:

      Canada: https://ambottawa.esteri.it/en/
      USA: https://ambwashingtondc.esteri.it/en/chi-siamo/la-rete-consolare/
  • Schedule an Appointment:
    • Consulates often have long waiting times; schedule as early as possible.
  • Prepare Application Forms:
    • Complete the citizenship application forms provided by the consulate. Here are checkists provided by the government of Italy. Make sure you have checked off the following lists or your application will be denied:

      Canada: https://constoronto.esteri.it/wp-content/uploads/2023/02/Genitori-italiani.pdf
      USA: https://ambwashingtondc.esteri.it/wp-content/uploads/2023/01/richiesta_riconoscimento_citt_jure_sanguinis.pdf
  • Submit Your Application:
    • Present your documents in person during your appointment.
  • Pay Applicable Fees:
    • Fees vary by consulate; check their website for details.

b. Applying in Italy:

  • Establish Legal Residency:
    • You must reside in Italy legally during the application process.
  • Register at the Anagrafe:
    • Register your residency at the local municipality (Comune).
  • Submit Application:
    • Apply at the local Ufficio di Stato Civile (Civil Status Office).
6. Wait for Processing
  • Processing Times:
    • Vary significantly; can range from several months to a few years.
  • Follow-Up:
    • Stay in contact with the consulate or Italian authorities for updates.
  • Additional Information:
    • Be prepared to provide more documents or information if requested.
7. Special Cases: The 1948 Rule
  • Understanding the Rule:
    • Prior to January 1, 1948, Italian women could not pass citizenship to their children.
  • Eligibility:
    • If your line of descent includes a woman who gave birth to a child before this date, you cannot apply through the consulate.
  • Judicial Process Required:
    • You must file a case in the Italian courts.
  • Hiring an Italian Attorney:
    • Engage a lawyer experienced in "1948 cases" to represent you.
  • No Need to Be in Italy:
    • Legal representation can handle the process without your physical presence.
8. Receive Confirmation of Citizenship
  • Recognition of Citizenship:
    • Once approved, you will receive official confirmation.
  • Register in Italy:
    • Your birth and other vital records will be registered in your ancestor's commune.
  • Apply for Italian Passport:
    • With citizenship recognized, you can apply for an Italian passport.
9. Tips and Recommendations
  • Start Early:
    • Gathering documents and scheduling appointments can be time-consuming.
  • Accuracy Is Crucial:
    • Ensure all documents are accurate and consistent; discrepancies can cause delays.
  • Professional Assistance:
    • Consider hiring a specialist or legal professional to assist, especially for complex cases.
  • Stay Informed:
    • Italian laws and consular procedures can change; regularly check official websites.
10. Benefits of Italian Citizenship
  • European Union Membership:
    • Freedom to live, work, and study in any EU country.
  • Cultural Connection:
    • Reconnect with your Italian heritage.
  • Health and Education:
    • Access to Italy's healthcare system and educational institutions.
  • Property Ownership:
    • Easier processes for buying property in Italy.
  • Voting Rights:
    • Participate in Italian elections.

 

Obtaining Italian citizenship by descent is a valuable opportunity to embrace your heritage and gain the benefits of Italian and EU citizenship. While the process requires diligence and patience, understanding each step can simplify your journey toward becoming an Italian citizen.

We are here to help you on this journey for whatever you may need. Whether it's obtaining records or guiding you through the entire process of obtaining your Italian citizenship. Contact us at any time for a free consultation.

Italian Citizenship by Descent – Maternal Line Pre-1948 (The "1948 Case")

Understanding the so-called "1948 case" is essential for individuals seeking Italian citizenship by descent, as it often leads to confusion. This situation arises due to historical laws affecting the transmission of Italian citizenship through maternal lines for children born before January 1, 1948.

What Is the "1948 Case"?

Prior to January 1, 1948, Italian law did not permit women to transmit their Italian citizenship to their children. Citizenship could only be passed down through the paternal line. This means that if an Italian woman gave birth to a child before this date, that child did not automatically acquire Italian citizenship through her.

However, subsequent legal interpretations and court rulings have acknowledged this as discriminatory. As a result, descendants in this situation are now eligible to claim Italian citizenship, but the process differs from the standard administrative route.

Are You Eligible?

You may be eligible for Italian citizenship by descent under the "1948 case" if:

  • In your direct line of descent from an Italian-born ancestor, there is a person (male or female) who was born before January 1, 1948, to an Italian woman.
  • The line of descent involves an Italian mother who gave birth to a child before 1948.

Important: The critical factor is who gave birth to the child before 1948. If it was an Italian woman, special procedures apply.

The Required Legal Process

Because the old Italian law did not recognize the right of women to pass on citizenship to their children born before 1948, you cannot apply through the usual administrative channels:

  • Not at the Italian Consulate in your country.
  • Not by going to Italy to file an administrative application.

Instead, you must:

  • File a judicial case before the competent Italian court.
  • Hire an Italian attorney who specializes in citizenship cases to represent you.
  • Note: You do not need to be physically present in Italy at any point during this process. Your attorney can handle all proceedings on your behalf.
Examples to Clarify
Example 1: A "1948 Case"
  • Great-Grandfather (GGF): Born in Italy in 1890.
  • Grandmother (GM): Born in the USA in 1918.
  • Father (F): Born in the USA in 1947.
  • You: Born in the USA in 1970.

In this case:

  • Your father was born before 1948 to your Italian grandmother.
  • Since your father was born to an Italian woman before January 1, 1948, this is considered a "1948 case".
  • You must file a judicial case in Italy to obtain citizenship.
Example 2: Not a "1948 Case"
  • Great-Grandfather (GGF): Born in Italy in 1890.
  • Grandfather (GF): Born in the USA in 1918.
  • Mother (M): Born in the USA in 1947.
  • You: Born in the USA in 1970.

In this scenario:

  • Your mother was born before 1948 but to your Italian grandfather (a man).
  • Since the line passes through a male ancestor at the point before 1948, this is not a "1948 case".
  • You can apply for citizenship through the standard administrative process at the Italian Consulate or in Italy.
Key Takeaways
  • The "1948 case" applies when an Italian woman gave birth to a child before January 1, 1948.
  • If this situation exists in your lineage, you are still eligible for Italian citizenship.
  • You must apply through the Italian courts with the assistance of an Italian attorney.
  • Physical presence in Italy is not required during the legal process.
  • If the child born before 1948 was born to an Italian man, the standard administrative procedures apply.
Next Steps

If you believe you fall under the "1948 case":

  1. Consult with an Italian Attorney:

    • Seek legal advice from a lawyer experienced in Italian citizenship cases.
    • They can assess your eligibility and guide you through the judicial process.

  2. Gather Documentation:

    • Collect all necessary birth, marriage, and death certificates in your direct line of descent.
    • Ensure documents are authenticated and, if necessary, translated into Italian.

  3. Initiate Legal Proceedings:

    • Your attorney will file a case in the Italian court on your behalf.
    • The process may take some time, so patience and diligence are essential.
In Closing

While the "1948 case" adds an extra legal step for certain applicants, it provides a pathway for those who would have been excluded under old laws. By understanding the requirements and working with a qualified Italian attorney, you can navigate the process of obtaining Italian citizenship through your maternal line.

Remember, the crucial factor is who gave birth to a child before January 1, 1948:

  • If it was an Italian woman, and the child was born before this date, you need to proceed through the Italian courts.
  • If it was an Italian man, standard administrative procedures apply.

Obtaining Italian citizenship can connect you with your heritage and provide numerous benefits. With the right guidance, the process is achievable even in complex cases like those involving the "1948 case."