Updated November 2024. Italian Citizenship by descent via Judicial Process
Italian law protects legitimate interests through appeals to the Regional Administrative Court (TAR) and subjective rights through appeals to the civil court. It is already known that Italian citizenship is passed down by descent or can be acquired under certain conditions, which you can read about here. In addition to the previously established conditions, there is now a positive development for the recognition of citizenship by descent: it is no longer necessary to travel to Italy. The process can be initiated judicially before an Italian court, without the descendant of an Italian ancestor having to leave their country of residence.
Requirements for Italian Citizenship Recognition Iure Sanguinis. Request to Consulates and Italian Citizenship loophole
Citizenship by descent also applies to foreign descendants of an Italian citizen who emigrated abroad after 1861. To obtain Italian citizenship iure sanguinis, one must demonstrate to the consulate an uninterrupted descent from an Italian emigrant (uninterrupted lineage), by providing the necessary documents (documents for iure sanguinis citizenship recognition). You are entitled to Italian citizenship and a passport iure sanguinis if the emigrated ancestor from whom you descend (male or female) generated offspring while still an Italian citizen. Moreover, it is now easier to apply for Italian citizenship iure sanguinis, thanks to a ruling by the Italian Supreme Court that has revolutionized the procedures for recognizing the citizenship rights of foreign citizens of Italian descent.
The new Italian citizenship ruling
The recent interpretative changes introduced by the Court of Cassation and implemented in Circular No. 43347 of October 3, 2024 represent a turning point for descendants of Italian emigrants seeking to obtain Italian citizenship by descent (iure sanguinis). This new interpretation of Law 555 of 1912 clarifies the conditions under which the transmission of Italian citizenship can be interrupted and, in some cases, restored.
According to the updated guidelines, an Italian citizen who has lost citizenship due to naturalization in another country also passes this loss on to his or her minor children living with him or her. This principle also applies to children born in countries such as the United States, where the right of the soil (jus soli) guarantees local citizenship at birth.
However, if the ancestor who lost Italian citizenship subsequently reacquired it upon reaching the age of majority, the right to the transmission of citizenship can be restored, provided this occurs before the birth of the direct descendant.
This new interpretation is particularly relevant for cases brought before Italian courts, where judges can now recognize the right to citizenship even in complex situations.
The Problem of Waiting Times in reclaiming Italian Citizenship Request Lists at Italian Consulates
Italian consulates create waiting lists for citizenship applications by descent (iure sanguinis). Eligible individuals can apply for citizenship recognition at the Italian embassy or consulate in their country of residence, whose offices will carry out the necessary verifications and procedures to grant citizenship. However, since 2001, this procedure has become increasingly difficult, with waiting lists going as far back as 2005. Lawyers and law firms specializing in citizenship and immigration rights have developed strategies to protect the right to iure sanguinis citizenship. By law, the Italian Administration must respond within two years to those who submit an application, having a legitimate interest in having a subjective right recognized. Furthermore, consulates often do not allow the filing of applications, despite the right to present them.
Reconstruction of Italian Citizenship by descent with lawyer Through Judicial Means
Until 1948, Italian citizenship could only be transmitted through the paternal line. So, for example, if an emigrant ancestor had a daughter who married a citizen of another country before 1948 (Brazil, Argentina, United States, Canada, Australia), their descendants were not recognized as Italian citizens. However, in 1948, the Italian Constitution granted women the same rights as men. Therefore, it is now possible to reconstruct citizenship by maternal descent through judicial means, even for descendants before 1948. In this case, an appeal must be filed with the ordinary civil court in Rome. The court appeal is also used to claim the right to citizenship by descent, thus bypassing the bureaucratic delays of consulates. Moreover, relatives with the same right can be included in the same court proceeding.
Italian Citizenship loophole. Judicial Appeal for Italian Citizenship at the Civil Court in Italy
As mentioned, to reconstruct maternal lineage before 1948, it is necessary to appeal to the Civil Court of Rome. However, it is possible to appeal to the Civil Court of Rome in three other situations:
- When it can be shown that, based on the number of applications the Consulate is handling, it would take more than two years to obtain citizenship recognition.
- When it can be demonstrated that the Consulate did not accept the application to be placed on the waiting list.
- When the request for Italian citizenship has been denied.
Another reason to appeal through the courts is to protect a legitimate interest in cases where the two-year deadline from the application submission has been violated or in the case of an unlawful rejection. In this case, the appeal is filed before the Regional Administrative Court (TAR) of Lazio.
Path to italian citizenship. Becoming an Italian Citizen Iure Sanguinis in Italy
If you meet the requirements for obtaining an entry visa, or if you can enter Italy without a visa for a period of 90 days, it is possible to apply for citizenship directly in Italy, submitting the necessary documentation and then requesting a change of residence. Indeed, the application for citizenship recognition entitles you to obtain a residence permit to live in Italy.
Frequently Asked Questions About Italian Citizenship via Judicial Means
- Who can apply for Italian citizenship via judicial means? Italian citizenship via judicial means can be requested by descendants of Italian citizens who emigrated after 1861, when the citizenship application is denied, or when the Consulate takes too long to respond to the request.
- What documents are required for the iure sanguinis Italian citizenship application? It is necessary to demonstrate uninterrupted descent from an Italian citizen by providing documents proving the Italian citizenship of the ancestor and subsequent birth, marriage, and death records of the descendants.
- Italian citizenship loophole. How does the judicial process for Italian citizenship work? The Used loophole for obtein Italian citizenship by descent is initiated with the judical process without traveling to Italy by filing an appeal with the Civil Court of Rome or the Regional Administrative Court (TAR) to claim subjective rights or legitimate interests.
- What are the waiting times to obtain Italian citizenship? Waiting times can vary. The waiting lists at consulates can be very long, sometimes up to 10 years. However, the law requires the Italian Administration to respond within two years from the application submission. Through a court appeal, the process is much faster.
- Is it possible to obtain Italian citizenship through maternal descent? Yes, following the 1948 ruling of the Supreme Court, it is possible to reconstruct Italian citizenship through the maternal line, even for descendants before 1948. This can be done by filing an appeal with the Civil Court of Rome.
- Is it possible to become an Italian citizen even if the descendant has naturalized as an American citizen? It is possible to claim the right to Italian citizenship upon reaching the age of majority, even when it has been lost due to the acquisition of American citizenship by one’s ancestor, provided that at that time the descendant was a minor
