How can i get italian citizenship
Italian law recognizes the protection of legitimate interests by resorting to the Regional Administrative Court and of subjective rights through Civil Courts. You already know that Italian citizenship is transmitted by descent or can be obtained at certain conditions that you can read here
Requirements for the recognition of Italian citizenship
Italian citizenship by descent also regards foreigners who are descendants of an Italian citizen who emigrated to a foreign country after 1861. To obtain Italian Citizenship by iure sanguinis (by descent), you need to prove to the Italian consulate that you are a direct descendant of an Italian citizen who emigrated by producing the required documents (documents required for recognition of citizenship iure sanguinosi). You have the right to the recognition of Italian citizenship and to a iure sanguinis passport, if your ancestor (either man or woman) had children while s/he was still an Italian citizen
How to apply for recognition of Italian citizenship by iure sanguinis
You need to go to the Italian embassy or consulate in your country of residence. Most applications are filed in Brazil, Argentina, the United States, Canada, and Australia. You need to submit the requested documents to the consulate to prove that your ancestor had children while s/he was still an Italian citizen.
Reconstruction of Italian citizenship through courts Until 1948, Italian citizenship was handed down only from the paternal side.
So, for example, if your immigrant ancestor had a daughter, who in turn married a citizen of another country before 1948 (Argentina, Brazil, United States, Canada, Australia), his descendants would not be recognized as Italian citizens. However, in 1948 the Italian Constitution recognised that women had the same rights as men. So now it is possible to reconstruct descent on the part of the mother through courts, also before 1948. In this case, it is necessary to resort to the ordinary civil court of Rome.
The waiting list at the consulate to apply for Italian citizenship
Italian consulates draw up waiting lists for citizenship applications by descent (iure sanguinis). Those entitled may submit an application to have their Italian citizenship recognised at the embassy or consulate of their country of residence, whose offices will carry out the checks and procedures necessary to grant citizenship
The issue of waiting times on waiting lists, lists of citizenship applications at Italian consulates and Italian citizenship
Since 2001, this procedure is becoming increasingly difficult. The waiting lists date back to 2005 in Brazil.
Lawyers and law firms for the protection of citizenship and immigration rights have long since developed strategies for the protection of the right to citizenship (iure sanguinis). By law, the Italian Government is required to respond within 2 years to applicants, as they have a legitimate interest to the recognition of a subjective right they are entitled to. In addition, consulates tend to discourage the filing of new applications, despite the right to file one
How can i get italian citizenship? Recognition of Italian citizenship through Civil and Regional Administrative (TAR) Courts
As already said, for the reconstruction of descent on the maternal side before 1948, it is necessary to contact the Civil Court of Rome. But you file a motion with the Civil Court in Rome on 3 other occasions:
- When you can prove that based on the number of applications that the Consulate has processed to recognize citizenship, you need to wait more than 2 years.
- When it can be demonstrated that the consulate has not accepted the application for inclusion on the waiting list
- When recognition of Italian citizenship is denied
A motion needs to be filed with the Regional Administrative Court (TAR) of Lazio for the protection of a legitimate interest, for the violation of the term of 2 years from the filing of the application or for unlawful refusal.
Becoming an Italian citizen by iure sanguinis in Italy
If you meet the requirements to obtain an entry visa, or if you can enter Italy without a visa for a period of 90 days, you may request citizenship directly in Italy, presenting the necessary documents and then filing an application for change of residence. In fact, the application for recognition of citizenship entitles you to obtain a residence permit to reside in Italy.
Ask the Law Firm for immigrants how to obtain citizenship by ius sanguinis
