For descendants of Italians who have emigrated abroad, the recognition of Italian citizenship iure sanguinis represents much more than a simple bureaucratic fulfillment. It is a way to keep alive the connection with their roots, family history and Italian culture. But it is also the opportunity to acquire new rights and opportunities, both in Italy and abroad.
The importance of citizenship for descendants of Italians
Citizenship iure sanguinis is a right that is acquired by descent from a parent (father or mother) who is an Italian citizen, regardless of the date and place of birth. This is why so many citizens born in countries with a high rate of emigration from Italy since 1860 claim Italian citizenship from their Italian immigrant ancestors. The reasons are diverse, including the ability to live and work in Italy and all European countries, access to the national health care system, the right to vote, the ability to obtain an Italian passport, access to study and work opportunities, family reunification, inheritance and succession.
Italian citizenship as generational bridge
All descendants of Italian citizens are entitled to Italian citizenship iure sanguinis, with no limit of generation. But it is important to verify that the line of transmission of citizenship has not been interrupted (for example, by foreign naturalization of the Italian ancestor before the birth of their descendant). For many descendants of emigrants, Italian citizenship is a bridge connecting the past with the present, allowing them to bridge the gap between generations and rediscover an identity that had been dormant. It is a way to claim one’s origins, as well as to contribute to Italy’s cultural and social richness with the experience and traditions acquired abroad. In any case, for citizens who are descendants of Italian immigrants, iure sanguinis citizenship is a right and a unique opportunity to change their lives, to open themselves to new opportunities and to strengthen their ties with Italy.
The procedure to apply for Italian citizenship recognition
The administrative chores involved in obtaining citizenship by descent, however, are many, and it is becoming increasingly complex to actually succeed in obtaining an Italian passport. The first thing to do is paying the 600 EUR contribution for each application, even if it is requested in a single introductory act. Next, the application must be filed with the Municipality of residence in Italy or with the Italian consulate responsible for the area of residence abroad. The time frame varies depending on the case and the relevant offices, but in general it takes 2 to 6 years or more. This is why, although it is not mandatory, it is advisable to contact a citizenship lawyer for assistance and advice both in filing the application and in the much quicker process of recognizing citizenship in court.
As a matter of fact, the procedure via Consulate is virtually at a standstill due to the staggering number of applications received in recent years and the difficulty of finding and having recognized as authentic the documents attesting to the descent from Italian ancestors, which are generally:
- Identity documents of the applicants and their Italian ancestors.
- Civil status records (birth, marriage, death certificates) of applicants and their Italian ancestors.
- Proof of descent from an Italian citizen (family tree, family documents, etc.).
- Certificate of residence (if the applicant is resident in Italy).
- Other specific documents as appropriate (e.g., judgments recognizing filiation, acts of naturalization, etc.).
What to do after the judgment that recognises Italian citizenship by descent
Once there is a judgment recognizing that the applicant descended from Italian ancestor and is therefore an Italian citizen, the lawyer who followed the procedure can arrange to have the civil status records transcribed in the Municipality of birth of the Italian ancestor, along with the submission of the certificate of no appeal of the judgment recognizing citizenship, requesting that they be forwarded to the Italian consulate of the new Italian citizen’s place of residence. Then, from the consulate website, the new citizen will have to register with AIRE, the registry of Italians residing abroad, attaching the transcribed certificates and applying for a passport.
The historical decision of the Court of Cassation
Up until now, securing citizenship iure sanguinis could be hampered by red tape and restrictive interpretations of the law. In this particular case, the Municipal registrar had refused to transcribe the residency of the newly-recognised Italian citizen, who had failed to submit the certificate of res judicata (no appeal) of the judgment granting citizenship.
The Supreme Court’s recent order (No. 2281/2025), which represents a historic turning point for the recognition of Italian citizenship iure sanguinis, significantly simplifies the citizenship recognition process and more effectively protects the rights of descendants of Italians who emigrated.
In fact, the Supreme Court ruling clarified that a certificate of res judicata is not required for the enforcement of judgments recognizing citizenship iure sanguinis. Evidence of res judicata can be provided by any means that demonstrate the non-existence of obstructive grounds, such as simply certifying that no appeals have been filed against the judgment. This decision revolutionizes the process of recognition of citizenship by descent and registration in the registry of the municipality in Italy, making it faster, more efficient and accessible. An achievement that is due to the perseverance of an Italian-Brazilian citizen who, faced with the refusal of the Civil Status Officer in Italy to transcribe her citizenship recognition, has resorted through her lawyer to the competent authorities, finally obtaining justice
What changes for Italian immigrants’ descendants
The Supreme Court’s ruling has a concrete impact on the lives of descendants of Italians who emigrated by simplifying and speeding up the citizenship recognition process.
Red tape reduction:
- Eliminating the need for the certificate of res judicata significantly reduces waiting time and simplifies the procedure. This is no small advantage, considering that obtaining such a certificate could have taken months, if not years, of waiting, resulting in bureaucratic costs.
Greater legal certainty:
- The ruling sheds light on the documentation required for the recognition of iure sanguinis citizenship, providing greater legal certainty for descendants of Italians abroad. This is crucial, especially for those who live far from Italy and must deal with a complex and delicate procedure.
Better access to the procedure:
- By simplifying the process, more descendants of Italians abroad will be able to benefit from the recognition of citizenship iure sanguinis. An opportunity that may have seemed distant or too complex before, now becomes more concrete and within the reach of many.
The benefits of a simpler recognition process
The simplification of the process of recognition of citizenship iure sanguinis entails numerous advantages, both for individuals and for the Italian community abroad as a whole.
Reduction of waiting times:
- As we’ve seen, the elimination of the certificate of res judicata drastically reduces the time needed to obtain recognition of citizenship. A fundamental advantage, especially for those who urgently need to move to Italy or take advantage of the rights related to citizenship.
Reduction of bureaucratic costs:
- The simplification of the process also leads to a decrease in bureaucratic costs, an aspect that should not be underestimated, especially for those who have to face legal and administrative costs to obtain recognition of citizenship.
Increased legal certainty:
- The Supreme Court’s ruling offers greater clarity and legal certainty, avoiding arbitrary interpretations and documentary requests not provided for by law. A fundamental aspect to ensure the transparency and fairness of the process.
Incentive for the recognition of citizenship:
- The simplification of the process can encourage a greater number of descendants of Italians abroad to apply for citizenship. An important result to strengthen the ties between Italy and its diaspora in the world, enhancing the contribution of Italian citizens abroad to the cultural and social wealth of the country.
Strengthening ties with Italy:
- A simpler and more accessible recognition process can help strengthen the ties between the descendants of Italians abroad and their country of origin. This is an important aspect for promoting Italian culture in the world, for encouraging tourism and commercial exchanges, and for building a future of prosperity and collaboration between Italy and its diaspora.
A step forward for the protection of the rights of the Italian community abroad
The ruling of the Court of Cassation represents an important step forward in the protection of the rights of the Italian community abroad. The ruling underlines the importance of guaranteeing the effectiveness of the right to citizenship, a fundamental right that cannot be hindered by bureaucratic interpretations or documentary requests not provided for by law. In addition, the simplification of the recognition process and the effectiveness of citizenship benefits the Italian community abroad as a whole, facilitating the exercise of rights related to citizenship and strengthening ties with Italy.
