Italian Citizenship through Judicial Proceedings

Is it possible to obtain Italian citizenship through judicial means?

A recurring question arises due to the difficulties in obtaining recognition of Italian citizenship through administrative descent, prompting consideration of the possibility of obtaining recognition through judicial channels. In this article, we will explain when it is possible to obtain recognition of Italian citizenship through judicial proceedings.

Before delving into the topic, it is important to clarify that this article will focus on judicial appeals to obtain recognition of Italian citizenship based on descent iure sanguinis, excluding other methods of acquiring Italian citizenship as outlined by Italian legislation.

For information on the requirements for obtaining recognition of Italian citizenship based on descent, it is recommended to read our detailed article on the subject. Regarding the documentation to prove descent, it is advised to refer to the article on documents required for obtaining recognition of Italian citizenship based on descent.

Under what circumstances is it possible to obtain recognition of Italian citizenship through judicial means?

The general rule for the recognition of Italian citizenship based on descent is that the application should be submitted through an administrative procedure, as explained in our article on the subject. Residents in Italy submit their recognition applications to the Civil Status Office of their municipality of residence. For those residing abroad, the application is submitted to the relevant Italian Consulate based on the place of residence.

Now that we understand the standard administrative route, let’s explore the cases in which Italian citizenship can be obtained through judicial means.

Judicial appeal for the recognition of Italian citizenship through maternal descent before 1948.

In a previous article, we explained the concept of Italian citizenship through maternal descent before 1948. In all cases where an Italian woman married to a foreigner had a child born before 1948, Italian citizenship can only be recognized through judicial proceedings.

In summary, when the applicant’s genealogical tree includes a woman who married a foreigner and had a child born before 1948, the only avenue for recognition is through judicial means. Recognition cannot be sought through administrative channels, as emphasized by many consular authorities on their websites, as such requests will be rejected.

Now let’s examine all the other cases in which Italian citizenship can be obtained through judicial means.

Italian citizenship through judicial means due to rejection of the application.

This occurs when the Italian Consulate or the Civil Status Officer rejects the application for recognition of Italian citizenship based on descent. This could be due to missing documents or documents not meeting the required format under Italian law. In all these cases, it is essential to carefully assess whether there are grounds to pursue judicial action.

Italian citizenship through judicial means due to delay by the Italian Consulate.

This is a common scenario. Italian law stipulates that every administrative procedure must be concluded within a specified timeframe. In the case of applications for recognition of Italian citizenship, the Consulate is obligated to conclude the process within 730 days from the submission of the application. Unfortunately, due to a high volume of requests, many consulates process applications even after a delay of up to 10 years, as observed in the Consulate of Italy in São Paulo, Brazil, and the Consulate of Italy in Buenos Aires, Argentina.

Therefore, if the Consulate fails to conclude the process within two years, it is possible to obtain Italian citizenship through judicial means.

Italian citizenship through judicial means due to the impossibility of scheduling an appointment with the Italian Consulate.

This is a more recent issue since the introduction of the “prenot@mi” system to schedule appointments with the Italian Consulate. Until a few years ago, appointment requests for submitting applications for the recognition of Italian citizenship based on descent were sent by mail or email. Subsequently, the applicant would receive a notification confirming their placement on a waiting list. In recent times, appointments can only be made through the “prenot@mi” system. The applicant registers on the platform and then submits the request. The problem is that consular authorities allocate a limited number of appointments, far fewer than the number of recognition requests. From a practical standpoint, scheduling an appointment becomes nearly impossible. Many applicants attempt for months without succeeding in securing an appointment. It is hoped that this issue will be resolved soon, or else the right to obtain recognition of citizenship risks turning into a kind of lottery. Undoubtedly, the previous system better protected the rights of applicants since it ensured their placement on a waiting list. Now, this certainty has disappeared.

This situation has led many applicants to seek recognition of Italian citizenship through judicial means due to the impossibility of scheduling an appointment and, consequently, submitting the application for recognition of Italian citizenship with all the necessary documents.

Italian citizenship through judicial means: How is the process initiated?

Now that we have clarified the scenarios in which Italian citizenship can be obtained through judicial means, let’s understand how the process works. The judicial appeal for the recognition of Italian citizenship must be filed in Italy. Starting from June 2022, the competence lies with the Specialized Section on Immigration Matters present in the capital of each Court of Appeal district. If the petitioner resides abroad, the application is submitted to the competent court in the place of birth of the Italian ancestor.

Is the presence of the petitioner required during the judicial procedure?

There is no need for the petitioner to be present in Italy or to attend the hearings. The procedure will be managed by the lawyer after receiving the power of attorney conferred by the petitioner.

Italian citizenship through judicial means: What documents are required?

The same documents required by Circular K28.1 of 1991 are needed, demonstrating the line of descent from the ancestor and in the same format.

Italian citizenship through judicial means: How long does the process take?

It depends on the court where the appeal is filed and the workload of the judge. Usually, the minimum time to obtain a judgment is 12 months, and in some cases, it may exceed 24 months.

Italian citizenship through judicial means: What happens after the judgment?

If the appeal is accepted, and the judgment is not appealed, one must wait for the decision to become final. Once the judgment becomes final through legal finality, it will be notified to the Civil Status Officer for transcription and registration in the Italian birth registry of the petitioner who has obtained recognition of Italian citizenship.

It is important to note that after the transcription of the petitioner’s name in the birth registry, they will be considered an Italian citizen from birth.

For any doubts or clarifications, do not hesitate to contact us and receive free consultation from our lawyer specializing in Italian citizenship based on descent.