The Importance of the Non-Naturalization Certificate in the Process of Recognizing Italian Citizenship by Descent.
Are you a descendant of an Italian citizen and want to obtain Italian citizenship? In this article, we will briefly explain what documentation you need, focusing our attention on the non-naturalization certificate. Before we start, we remind you that you can consult this other article on our blog to delve deeper into the subject.
Italian Citizenship by Descent: What Criterion is Followed?
According to Article 1 of Law No. 91 of 1992, the child of a father or mother who are citizens is a citizen by birth. The criterion for acquiring Italian citizenship by descent is, therefore, that of “jus sanguinis,” i.e., the continuity of the “bloodline” from the first Italian ancestor who emigrated abroad from Italy to the applicant. The condition is that the Italian ancestor died after March 17, 1861 (the date of the proclamation of the Kingdom of Italy). This means that Italian citizenship is transmitted from the Italian ascendant to their child(ren) in a chained manner, without generation limits; the only limitations concern maternal descent (we will see this in the next paragraph).
What are the Requirements to Obtain Italian Citizenship by Descent?
The two basic requirements are:
- Descent from an Italian subject, i.e., the ancestor who emigrated at the time (who will be the cause)
- The absence of interruptions in the transmission of citizenship, i.e., the foreign non-naturalization of both the Italian ancestor (before the birth of their child) and their direct descendants (before the birth of the next generation, up to the applicant). This is why it is crucial to demonstrate that the chain of citizenship transmission has never been interrupted. We also remind that there must not be any declarations of renunciation of Italian citizenship by the descendants of the Italian ancestor. Indeed, Article 7 of Law No. 555 of 1912 provided for the possibility, for Italian citizens who emigrated, to renounce Italian citizenship through an express declaration of intent; today, renunciation, with the entry into force of Law No. 91 of 1992, can be made under Article 11 of this last law.
What Documentation is Necessary?
Regarding the ancestor who emigrated abroad from Italy (the cause), the following original documents must be collected:
- Original birth certificate (an extract from the birth record) of the Italian ancestor from whom the right to citizenship originates, including the parents’ details. This document must be requested from the Italian municipality of the ancestor’s birth. If this is not possible, the applicant must present, in substitution, a Baptism Certificate issued by the local Parish (consult this article to learn more)
- Non-naturalization certificate (CNN): a certificate issued by the competent authorities of the foreign state of emigration (usually the Ministry of Justice or the Ministry of the Interior) that attests that the Italian ancestor who emigrated from Italy did not acquire the citizenship of the foreign state of emigration before the birth of their own children (i.e., the applicant or their ascendants). This document must be translated and legalized/apostilled. Let’s focus on this document and some particular cases. If the Italian ascendant was naturalized, the transmission of citizenship is not prevented, but it is necessary that the naturalization occurred after the birth of the children. In such an event, the “Certificate of Non-Naturalization” must be presented in the original, legalized or apostilled, and translated into Italian by a sworn translator (with apostille/legalization also on the translation). If, however, the Italian ancestor resided in different countries, a certificate of non-naturalization issued by the authorities of all the countries where there was residence must be presented. The applicant can turn to the Italian Consulate competent for the country issuing the document, receiving all instructions for the legalization and translation of the required acts. If the applicant is aware of a possible naturalization done by another member of the “chain” of transmission, or if one of the members moved to another state, even in these cases, the certificate of non-naturalization (always containing all possible surnames/names/aliases) or of naturalization must have a clear date (in reference to the acquisition of foreign citizenship, always subsequent to the birth of the child, as well as the ascendant of the applicant). Otherwise, a copy of the foreign naturalization decree indicating the date of the oath must be presented.
- Marriage and death certificates (consult this article to learn more)
Regarding the Italian-origin ancestors of the applicant, the following documents must be collected:
- Birth, marriage, and death certificates (translated into Italian and apostilled/legalized). If some of the civil status acts are not available, it can be replaced with a certificate issued by judicial mandate (apostilled), coupled with a judicial reconstruction process of the act (apostilled and with apostilled sworn translation)
- Non-naturalization certificate (as described in the previous paragraph). It must be requested from the competent authorities of the foreign state of residence (Ministry of Justice or Ministry of the Interior) also for any Italian-origin ancestors part of the citizenship transmission line. We reiterate, this document is important because it attests to the non-interruption of the blood bond that would exist in case of acquisition of the citizenship of the foreign state of emigration before the birth of the children (i.e., the applicant or their ascendants).
Regarding the applicant, the documents to be in possession are:
- Birth certificate (in copy, translated into Italian and apostilled)
- In case of marriage, full copy of the marriage certificate (translated into Italian and apostilled)
- In the presence of minor children, a full copy of the birth certificate of these (translated into Italian and apostilled)
We remind you that it is possible to submit the application directly in Italy, but only after obtaining Italian residency; in this case, the application must be forwarded to the Civil Status Office of the municipality of residence and not at the Consulate.
Issues
• If doubts arise during the analysis of the documentation, the Consulate has the possibility to request an integration of the documents (those complementary or more recent).
• If the request for citizenship occurs for a family group, one family member must present all the original documentation starting from the Italian ancestor, while the other family members must provide personal documentation and a copy of the Italian certificates of the cause (birth and marriage).
• If the acts of the ancestors have already been deposited at the Consulate where the request is made and are in compliance with current regulations, it is not necessary to present them again, except for the copy of the Italian certificates of the cause (birth and marriage). For the use of the already deposited documentation, it is necessary to have the authorization of those who deposited them.
• If a family member has already obtained recognition of citizenship in Italy or other diplomatic-consular authorities, the applicant must still provide all the documentation (starting from the cause).
What Happens in Cases of Maternal Descent for Applicants Born Before January 1, 1948?
When it comes to maternal descent, have the right to the administrative recognition of Italian citizenship:
- Children of Italian mother and foreign citizenship father born after January 1, 1948
- Children born before 1948 if they have an unknown father (Art. 1 paragraph 2 Law 555 of 1912 and Art. 7 of the Italian Civil Code of 1865) and their descendants.
For children born before January 1, 1948, a judicial procedure in Italy is required for the recognition of Italian citizenship.
What Happens for Brazilian Citizens Descending from Italian Ancestors After the Brazilian Decree of 1889 (“Grande Naturalizzazione”)?
On August 24, 2022, a judgment of the Italian Supreme Court of Cassation in Joint Sections (number 354) was published that addressed the issue of the loss of Italian citizenship for citizens of Italian origin who had acquired Brazilian citizenship, after the so-called Grande Naturalizzazione brasiliana of 1889. This is a “epochal” decision, given the many interested in this issue. It was established that the Grande Naturalizzazione did not entail the loss of Italian citizenship: therefore, citizens of Italian origin who, at the time, had acquired Brazilian citizenship (automatically given by the Brazilian decree), continued to maintain Italian citizenship. For this reason, they may have transmitted it to their descendants.
Conclusions
We hope to have clarified the important role played by the non-naturalization certificate for this mode of obtaining citizenship. For any doubts or clarifications, you can turn to one of our lawyers specializing in citizenship, ready to follow your case in the best way.
