What are the requirements to obtain recognition of Italian citizenship by descent?
The Italian legislature since the Civil Code of 1865 has used the principle of ius sanguinis, through which the parent transmits citizenship to the child. The principle of ius sanguinis was also applied by Law No. 555 of 1912, Article 1 stated that: “A child of a citizen father is a citizen by birth.” The same principle is also confirmed in Law No. 91 of 1992.
Are there generational limits in the transmission of Italian citizenship by descent?
There is no limit. The legislature establishes that Italian citizenship is transmitted from parent to child, without any limitation.
If the ancestor was born before the Constitution of the Kingdom of Italy, can I obtain recognition of Italian citizenship by descent?
It tends to be yes, provided that when the ancestor died, the city where he or she was born was part of the Kingdom of Italy. In such cases, it is advisable to seek the advice of a lawyer specializing in Italian citizenship. Some Italian cities were annexed in periods after the birth of the Kingdom of Italy.
What is the procedure for applying for recognition of Italian citizenship by descent?
The ordinary procedure for obtaining recognition of Italian citizenship by descent is administrative. The application for recognition is submitted to the Civil Status Office of the municipality of residence, for those living in Italy. In the case of descendant citizens living abroad, the application is proposed to the territorially competent Italian Consulate.
Can I obtain Italian citizenship through the judicial process?
As we have said, the ordinary procedure is the administrative one, however there are situations where it is possible to obtain the recognition of Italian citizenship by descent through the judicial process. In all these cases, the advocacy of a lawyer specializing in Italian citizenship is necessary.
Let’s see in which cases judicial recourse is possible:
- The most frequent case is the long waiting lists at the Consulate, which by law must conclude the administrative process within two years of the request for an appointment. In some Italian Consulates there are waiting lists that exceed 10 years, such as the Consulate of Italy in São Paulo. In this scenario we have a classic case of judicial appeal for the recognition of Italian citizenship by descent due to delay by the Consulate.
- Another case that is emerging is related to the inability to book an appointment through the prenotami system. While until recently, appointment requests were submitted via traditional mail or email, for the past few years Italian Consulates have been using a platform called prenotami, where citizens must register to submit any type of request. Unfortunately, the prenotami platform is creating significant difficulties. In very many Consulates, booking an appointment is almost impossible due to the high number of requests and the few places made available by Consular Authorities. Here it is possible to have judicial recourse to obtain recognition of Italian citizenship due to inability to book an appointment.
- Finally, we have the appeal for non-recognition of Italian citizenship, which is made in cases where the application is rejected. One must carefully consider whether the conditions for a judicial appeal are met. It is essential to rely on an experienced lawyer with proven experience in Italian citizenship matters.
What is Citizenship by descent through maternal lineage prior to 1948?
A special case of judicial recourse is that of citizenship by maternal descent prior to 1948. It occurs when there is a son or daughter in the family tree who was born to a woman before 1948. When we are faced with this situation, recognition for citizenship can only be obtained through the judicial route.
Where is the judicial appeal for the recognition of Italian citizenship by descent?
The jurisdiction lies with the Court specialized section Immigration, which is present in each capital of the Court of Appeals. As of June 2022, the application is proposed before the territorially competent court of the place where the Italian ancestor was born, for all cases in which the applicant resides abroad.
During the judicial review, does the appellant have to be present in Italy and attend the hearings?
The procedure is handled by the lawyer on whom the power of attorney has been conferred. It is not necessary for the appellant to attend the hearings.
What documents are needed to apply for recognition of Italian citizenship by descent?
To obtain recognition one must prove unbroken descent from the Italian ancestor. Proof is provided through the production of birth certificates, marriage certificates and death certificates of every descendant up to the applicant.
What form must the certificates proving the line of descent take?
Foreign certificates must be produced in the original, and depending on the country of origin, legalization with an apostille may be required, in addition to a sworn translation by an official translator and apostille of the translation.
What is the Certificate of Non-Naturalization?
It is a document that proves the non-naturalization of the Italian ancestor; it must be produced only for the Italian ancestor.
What if the Italian ancestor has naturalized, i.e., lost Italian citizenship?
If naturalization occurred before the descendant’s birth, the line of descent has been broken. Therefore, neither the child nor the descendants can obtain recognition of Italian citizenship. If the naturalization is after the birth of the child, the line of descent has not been interrupted. In such cases he recommends consulting a lawyer who specializes in Italian citizenship.
What if I cannot find the birth certificate of the Italian ancestor?
The birth certificate of the Italian ancestor is the key document to begin the process of recognizing Italian citizenship. Unfortunately, civil status records in Italy start from 1871. However, it is common for many municipalities to keep records prior to 1871, particularly in southern Italy. However, in cases where it is impossible to find the birth certificate of the Italian ancestor, a baptismal certificate can be requested.
What information do I need to have to request a Birth Certificate?
The ancestor’s name, city of birth, and date of birth. The name of the parents is important in case only the year of birth is known. Our law firm also specializes in genealogical research and assists its Clients with even the most complicated genealogical research. If you want to learn more read our guide.
What information is needed to apply for the Italian Ancestor’s Certificate of Baptism?
The name, city of birth, date of birth, and parish of baptism. The search is more complicated and time-consuming than the birth certificate.
What if I cannot find my ancestor’s birth and baptism certificate?
I can request a military draft certificate.
If you didn’t find the answer you were looking for request legal advice, a lawyer who specializes in Italian citizenship by descent will get in touch with you soon.