Italian Citizenship Lawyer – Italian Citizenship through descent

Frequently asked questions regarding Italian Citizenship by Descent

What are the requirements to obtain recognition of Italian citizenship by descent?

Italian legislation has used the principle of iure sanguinis beginning with the Civil Code of 1865, through which a parent passes on their citizenship to their child. The principle of iure was also applied through law n. 555 of 1912, article 1 stated that: “He is a citizen by birth the son of a citizen father”. The same principle is confirmed in law n. 91 of 1992.

Are there generational limitations for the transmission of Italian citizenship by descent?

There are no limits. Legislation states that Italian citizenship is passed on from father to son, without setting any specific limitations.

If the ancestor was born before the Constitution of the Kingdom of Italy, can I obtain recognition of Italian citizenship by descent?

Usually yes, provided that when the ancestor died, the city where they were born was part of the Kingdom of Italy. In these cases, we suggest you ask the opinion of a lawyer specialized in Italian citizenship. Some Italian cities joined the Kingdom of Italy later than others.

How do I go about requesting recognition of Italian citizenship through descent?

The process for recognition of Italian citizenship by descent is administrative. The request for recognition is sent to the registry office of the city of residence, for those who reside in Italy. In the case of descendants residing abroad, the request is presented to the Italian Consulate responsible for their city of residence.

Can I obtain Italian citizenship through a court?

As we said before, the ordinary process is completely administrative, although there may be situations in which Italian citizenship may be obtained through court. Regardless of the situation, the support of a lawyer specialised in Italian citizenship is necessary.

Let’s look at the cases in which it is possible to take legal action through a court:

1) The most frequent reason is the long waiting lists through the Consulate, who is required by law to complete the proceedings within two years of the date an appointment was requested. In some Consulates there are waiting lists that go beyond ten years, like the Consulate of Saint Paul. In these cases, we simply file an appeal for the recognition of Italian citizenship by descent due to the Consulate’s delay.

2) Another reason that has emerged lately is that of the failure to get an appointment through the booking system. Until just a few years ago, the request for an appointment was sent by post or email, but now Italian Consulates are using a booking platform called Prenot@Mi, where citizens need to register to send any type of request. Unfortunately, the platform is creating considerable difficulties. In many Consulates requesting an appointment is almost impossible due to the high number of requests and due to the limited number of appointments made available by the Consular Authorities. In this case, we are able to file an appeal to request recognition of Italian citizenship due to failure to request an appointment.

3) Finally, we have the appeal based on refused recognition of Italian citizenship, which is filed in cases where a request is denied. We need to carefully evaluate whether there are the conditions for initiating an action. In these cases, it is essential that you have the support of a lawyer specialized in Italian citizenship.

What is Italian citizenship through maternal lineage before 1948?

A special case for which an appeal is filed is that of recognition of Italian citizenship through maternal lineage before 1948. This occurs when there is a child in the family tree that was born to a woman before 1948. When that occurs, recognition of citizenship can only be obtained through court action.

Where is an appeal presented for the recognition of Italian citizenship by descent?

It is the responsibility of the immigration division of the court, which is present in every present in each district’s Court of Appeals. Beginning in June of 2022, the appeal is presented in the court responsible for the area where the Italian ancestor was born, in cases where the applicant resides abroad.

Does the applicant need to be present in Italy and participate in the appeals hearings?

The process is managed by the lawyer that was granted power of attorney. It is not necessary that the applicant be present at the hearings.

How long does the appeals process last before obtaining recognition of Italian citizenship?

Unfortunately, we cannot give a definite answer, it depends on the court where the request is submitted. In some courts it is possible to obtain a decision in about a year but in others it might take more than three years.

What documents are needed to present a request for recognition of Italian citizenship by descent?

To obtain recognition you need to prove uninterrupted descent from the Italian ancestor. Eligibility is proven through the demonstration of birth certificates, marriage certificates and death certificates of each ancestor up to the applicant.

What format should the documents that prove line of descent have?

The original of foreign certificates must be presented and, based on the country of origin, legalization through apostille might be requested, along with a sworn translation done by an official translator and the apostille of the translation.

What is a Certificate of non-naturalisation?

It is a document that proves the Italian ancestor was not naturalised, and it need be presented only for the Italian ancestor.

What if the Italian ancestor was naturalized, meaning they lost their Italian citizenship?

If the naturalization occurred before the birth of the descendant, the line of descent was interrupted. Therefore, neither the son, nor the descendants can obtain recognition of Italian citizenship. If the naturalization took place after the birth of the child, the line of descent was not interrupted. In these cases, we suggest the intervention of an Italian lawyer specialized in Italian citizenship.

What if the Italian ancestor’s name was changed when they were registered in the foreign country?

It is very common that the name and surname of the Italian ancestor were incorrectly in the foreign country. Example: Luigi becomes Luis, Paolo becomes Pablo. In such cases, all documents need to be corrected. This is fundamental in proving the line of descent Thanks to our partnerships with lawyers in foreign countries that are specialized in Italian citizenship, we can direct our Clients to a local professional with the necessary experience.

Do the certificates have an expiration date?

They do not expire but it is best to have recent documents.

What if I cannot find my ancestor’s birth certificate?

The Italian ancestor’s birth certificate is fundamental to initiate the process for recognition of Italian citizenship. Unfortunately, registry offices in Italy only date back to 1871. But very often many Comunes have registries dating before 1871, especially in Southern Italy. However, when it is impossible to find the Italian ancestor’s birth certificate, you can try to find their certificate of baptism.

What information is necessary to request a birth certificate?

The full name of the ancestor, the city where they were born and the date of birth. The name of their parents is important in cases where only the year of birth is known. Our legal offices are also specialized in genealogical research, and we can assist our clients even in the most complicated genealogical research.

What information is necessary to request the Italian ancestor’s baptism certificate?

Name, city of birth, date of birth and the diocese where the baptism took place. The search is a bit more complicated compared to that for a birth certificate.

What if I cannot find my ancestor’s birth certificate or baptism certificate?

You can try to request a military draft certificate. If you did not find the answers that you were looking for, request a free legal consultation, an Italian lawyer specialized in Italian citizenship by descent will contact you briefly.