When you embark on your journey to Italian citizenship it is not unusual to spark the interest of immediate and non-immediate family members such as siblings, cousins, aunts and uncles. Today’s article is addressed to individuals who wish to apply for Italian citizenship by descent as a group. In particular, the article will answer some of the most frequently asked questions with regards to applying for Italian citizenship as a family. It will also outline the most common scenarios and explain why applying as a group is generally a cost-effective solution. If you meet the eligibility requirements to apply for Italian citizenship by descent, there are three main paths to applying: by filing an application at an Italian consulate abroad or via a municipality in Italy, and by petitioning an Italian court. In some cases, you might find that there are some members within the same family group who are eligible to apply for citizenship via different paths. We at ItalianCitizenshipAssistance.com carry out free eligibility assessments in order to determine the best path for our clients.
If, after reading this article, you have any questions feel free to contact us for a free assessment.
Applying for Italian citizenship via an Italian consulate
If you apply via an Italian consulate abroad, please bear in mind that all applicants over 18 years old will generally need make their own appointment and pay the consular fee for the consulate to process their application. However, if all your family members apply to the same consulate you will only need to submit one set of documents pertaining to the individuals in the Italian lineage (provided that you all apply via the same Italian ancestor). On the other hand, if you apply via different consulates, each consulate will require a set of documents. For example, if you and your sibling apply via the same Italian consulate, in addition to your own personal vital records you will need to submit one copy of each certified vital record pertaining to the individuals in the Italian lineage. On the other hand, if you apply via different consulates, you will need to provide each consulate with one set of documents respectively. Please keep in mind that you can only apply through the consulate that covers the jurisdiction where you reside.
If one of your family members previously applied via the consulate you will be applying to, you might be able to use the vital records pertaining to the individuals in the Italian lineage which your relative previously submitted and thus are already on file at the consulate. However, it is always advisable to enquire with the consulate as to whether they still hold the records that were submitted by the family member who applied first. If they do, you will only need to submit your own personal records such as your birth certificate and marriage certificate, if applicable.
If you have minor children and you are applying for Italian citizenship, your children will automatically be part of your application and they will be granted Italian citizenship. They will not need to pay a consular fee to be granted citizenship. On the other hand, your adult children will need to file an application and pay the consular fee. If you have children after you have been recognized as an Italian citizen, their births can be registered through the A.I.R.E (Registry of Italian Citizens Residing Abroad) before they turn 18 years old. When their birth certificates have been registered in Italy they will be able to obtain an Italian passport. If you do not register your children’s birth certificates before they turn 18 years old, they will need to apply for Italian citizenship by descent in order to be granted citizenship.
Any living intermediate ascendant (e.g. parent or grandparent,) will not receive citizenship automatically based on your application. However, they will need to sign a declaration (FORM 3) stating that they never renounced their Italian citizenship before the Italian authorities in order for you to apply for Italian citizenship by descent. In fact, this declaration is one of the forms that the consulate will require you to submit together with your citizenship application comprising all your family’s vital records. For instance, if you are claiming citizenship via your grandfather who was born in the U.S. from Italian parents, he will need to sign FORM 3 in order for you to be granted Italian citizenship but he will not be recognized as an Italian citizen unless he wishes to be part of your citizenship application.
As for the documents needed to apply, you will need to collect your family’s vital records. More specifically, you will need certified copies of your family’s birth, marriage, divorce (if applicable) and death certificates, and proof that the ancestor through whom you are claiming citizenship was naturalized or was never naturalized. Finally, you will also need your ancestor’s vital records from Italy and these can be retrieved from the registry office (“stato civile”) of the Italian municipality in which the event occurred. Once all the records have been retrieved they will need to be authenticated with Apostilles by the Secretary of State or by the U.S. Department of State (for federal documents), and they will also need to be translated into Italian.
Applying for Italian citizenship via a municipality in Italy
Applying for citizenship directly in Italy is generally faster than applying via the consulate. if you wish to file an application for citizenship as a family in Italy, all the applicants will need to be physically present in Italy. In other words, you cannot apply for Italian citizenship on behalf of other family members. As with applying via a consulate, in order to apply for citizenship via a municipality in Italy, you will need to collect your family’s vital records and proof that the ancestor through whom you are claiming citizenship was naturalized or was never naturalized. All family members applying for Italian citizenship at the same Italian municipality can share the documents pertaining to the ascendants in the Italian lineage. Once all the records have been retrieved they will need to be authenticated with Apostilles and they will also need to be translated into Italian. Please bear in mind that in order to apply to a municipality in Italy the translations of all vital records will need to be certified in court in Italy. It is also worth pointing out that if you and your family members apply via different municipalities each municipality will require a set of certified vital records; in other words, vital records cannot be transferred from one municipality to the other.
Once you arrive in Italy you will need to formally establish residency in a municipality with the purpose of applying for Italian citizenship jure sanguinis. All the members of the family can share the same residency address if you live together. The local police will then verify that you are living in the property where you established your residency. By law, they will have up to 45 days to check if you reside in the location where you established your residency. Once your residency status has been verified you can formally apply for citizenship by descent through the citizenship office in the municipality’s town hall. You will then need to submit all the documents supporting your citizenship application and give the clerk the time to evaluate your case. You will be issued a specific residency permit which allows you to stay in Italy while your application is being processed. On average, it will take a few months for Italian citizenship to be recognized, and once it has been formally granted you can then apply for a passport directly in Italy. Alternatively, you can register with the A.I.R.E and apply for a passport at the Italian consulate that covers the jurisdiction where you reside in your home country.
Obtaining Italian Citizenship through the Italian Courts
Finally, if you apply for citizenship via a court case, you can apply as a family provided that you are claiming citizenship via the same Italian ancestor. You do not need to travel to Italy because our lawyers can represent you in court, but it is advisable that all family members who are eligible and wish to apply for citizenship to join the same application. This is due to the fact that when the judge rules in favor of the recognition of Italian citizenship, only the applicants in the direct line of descent who are named in the lawsuit will be granted Italian citizenship. Therefore, if a family member wishes to apply for Italian citizenship after the case has been closed, they will need to file another citizenship claim.
In order to apply you will need to retrieve certified copies of your family’s vital records (these include birth, marriage, divorce and death certificates) and the naturalization records pertaining to the ancestor/s who was born in Italy. All the records will need to be authenticated with an Apostille and a certified translation into Italian is required. The cost of certifying the translation varies depending on the number of vital records that need to be translated and, consequently, on the number of revenue stamps that are needed to certify each translation. On average, the cost of the translations of an applicant’s vital records varies between €200 and €500. In addition to this, the cost of filing a lawsuit presently amounts to €286.
Once you are granted Italian citizenship you will need to register the final judgment and your vital records via the Italian consulate that covers the jurisdiction where you reside. The consulate will then forward these records to the municipality in Italy where your ancestor was born. Only when the municipality has registered your vital records will you be able to apply for a passport and there is no need for you to travel to Italy.
If you are a family group and you are considering applying for Italian citizenship by descent, please contact us for a free eligibility assessment at [email protected]. We offer family discounts and family group fees and would be delighted to help you embark on your family journey to Italian citizenship!
