Italian Citizenship Application
Method: Jure Sanguinis Stage: 03B
Stage 03-B: Things may change if your Italian ancestor was born to a mother of Italian origin before January 1st 1948 because, in force of the the 1912 Citizenship law, only men were able to transfer their Italian citizenship to their children. The principle of gender equality was laid down only on January 1, 1948 when the Italian Constitution entered into force but the new legislation was not retroactive and so children born to an Italian mother before 1948 are still not automatically recognized as Italian.
Thanks to an important jurisprudential principle established by the Italian Supreme Court in 2009, now it is unconstitutional to discriminate between women and men even in citizenship matters and so now all descendants born anytime from an Italian parent, father or mother, are Italian citizens by right of blood. Unfortunately, this judgement does not have any consequences on the Consular/Town Hall behaviour and so if your case falls into the “1948 cases” and you submit the application for Italian citizenship Jure Sanguinis, Consulates/Town Hall will strictly apply the Italian nationality law and deny your application. Consequently, you can only proceed through a legal proceeding at the Italian Court in Rome for the recognition of your Italian citizenship in which the judge will apply the principle of gender equality.
In this stage we will study the potential feasibility of the application through a set of information we will ask the client, such as the precise list of the Italian ancestors, with regards to their date/place of birth/death, marriages and their eventual naturalization with other nationalities. After this first pre-screening, we will be able to acknowledge if the client has the potential requirements to apply for Italian citizenship.
In this second stage we will provide our professional advice on the procedure and on the material preparation and collection of the documentation. We will provide the client with the full list of the documentation needed both from Italian offices (that we will obtain for the client if needed for an extra cost) and foreign offices (that the client will have to obtain, but we will be available in case of need).
Please, consider that in Italy there is no central telematic database of the demographic certificates and information, so these researches must be done in every single town hall in which the certificate has been produced/registered. That means that the cost of the certificate as an extra service will depend on the cost for the shipping of the papers, or for the assistance of a trusted field consultant who will have to request/withdraw the documents in person.
Also take into consideration that, before 1866, Churches and Dioceses (and not governmental public offices) were in charge to maintain the register of the local population, so if the client’s ancestor was born before that date, we will have to address our research to such clerical offices – and this could take some time. Due to the long period of time that has passed, it is quite common that Churches’ demographic registers are damaged or can’t be read, and as a consequence it won’t be possible to obtain such certificates and so going on with the application.
This is why only at the end of this stage, we will be 100% sure of the possibility to apply, since only the obtaining of the material certificates will give us the evidence of the existing requirements.
In this last stage we will provide our assistance in filing the application and stay in touch with the Embassy/Consulate/Town Hall in charge of the application, and we will provide our assistance even in case the Public Administration will ask for further documentation. Our assistance will last until the end (positive or negative) of the procedure, and we will monitor the situation through the years and keep you updated.
Italian citizenship applicant has two option to file his/her request:
- Through the Town Hall of residency in Italy: This is a fast track procedure that can be filed if the applicant is resident in Italy and residency can even be fixed only for the time necessary for the procedure and the applicant will file the application presenting the documentation directly at the Town Hall of competence and obtaining a permit to stay related to the application. This procedure is faster and generally easier, and we strongly recommend it.
- Through the relevant Italian Consulate/Embassy in case of residency abroad: Tthis procedure can last up to 3 years (by law, but unfortunately lasts more) and it is usually very slow and tricky. The applicant will have to file the documentation to the Italian Consulate/Embassy of reference due to his/her residence. Of course we can assist also on this, but we always recommend to go for the option a) if possible.
The documentation required for the two options is the same, but the first one is faster (usually much less than 1 year, around 8/10 months but often less) and due to the fact that we are based in Italy, it would be easier also for us to assist and intervene in case of issues.
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