As a lawyer experienced in iure sanguinis citizenship law, I understand the challenges a Brazilian citizen may face in the process of applying for Italian citizenship.
As is well known, the principle of acquisition of citizenship iure sanguinis refers to the transmission of citizenship through lineage. A principle that is highly exploited in Latin American countries such as Brazil, Argentina and Peru, destinations of the mass migration phenomenon that involved millions of Italians who moved to those countries between the late 1800s and early 1900s.
The case of the ruling on the recognition of iure sanguinis citizenship by the Court of Brescia
An application for recognition of Italian citizenship iure sanguinis involves demonstrating a clear link of descent to an Italian ancestor. The process requires:
- careful collection and presentation of official documents, such as birth, marriage, and death certificates;
- demonstration of evidence of the ancestor’s Italian origin by showing passports or other identification documents;
- presentation of the documents accompanied by certified translation;
- apostillation for their validity in Italy.
Moreover, although Italian law provides for specific situations in which iure sanguinis citizenship can be terminated, such as naturalisation in another country before a certain date, several Constitutional Court and Supreme Court of Cassation pronouncements have stated that citizenship cannot be lost other than through a voluntary act. In this regard, especially in cases of application for Italian citizenship iure sanguinis by Brazilian citizens, the Italian Ministry of the Interior denies the recognition of Italian citizenship and objects the loss of the right iure sanguinis due to the so-called ‘great Brazilian naturalisation’.
Accelerating the process of acquiring Italian citizenship iure sanguinis in Court
The obstacles and difficulties in obtaining Italian citizenship by right of descent from an Italian ancestor are increased by the Italian bureaucracy, specifically because of:
- the long waiting times for processing citizenship applications at Italian consulates in Latin American countries;
- the consequent ‘blocking’ of waiting lists at consulates;
- the general orientation of denying citizenship because of the long time elapsed between the migration of the Italian ancestor and the descendant’s request;
so that recognition of citizenship through administrative channels is often precluded.
The reasons why it is worth consulting a lawyer in Italy to quickly obtain citizenship recognition by judicial process
For a number of reasons, for citizens of Brazil, Argentina, Peru and Uruguay descended from Italian ancestors, the recognition of iure sanguinis citizenship by judicial process is the only way to lawfully become Italian citizens:
- legal competence to recognize Italian citizenship is no longer only of the Court of Rome: the competent Court is that of the place of origin of the Italian ancestor. Damiani&Damiani law firm offers legal assistance at all Italian Courts, especially in Sicily;
- the denial of administrative recognition of citizenship by the Italian consular authority is often specious. Very seldom, in fact, does Ministry of the Interior represent itself in legal proceedings;
- Italian State Law n. 241/1991 has defined precise and certain timeframes and deadlines for the resolution of administrative procedures, which makes waiting lists at consulates and the lack of response to applications for Italian citizenship illegitimate.
It is therefore essential that the line of descent and citizenship history are carefully examined.
Lastly, managing the process can be made difficult by the long timelines and bureaucracy in both Italian and Brazilian public offices. Therefore, facing this path requires patience and perseverance but, most importantly, the assistance of a legal expert.
Read Here the Judgment on the Appeal for the Acquisition of Italian Citizenship by Italian ancestry
Contact our experienced international law firm for the recognition of Italian citizenship iure sanguinis
