This article will compare the administrative and judicial procedures to claim Italian citizenship by descent. It will also discuss how to confirm your eligibility and determine what type of case you have.
Eligibility Guidelines
The first step on your dual citizenship journey is evaluating your Italian lineage and confirming that you are eligible to apply for Italian citizenship by descent. This often means looking at multiple lines through Italian-born male and female ancestors to find the path with the highest chances of success.
The ability to claim Italian citizenship by descent is based on the principle of jure sanguinis, or “right of blood”. This was established in the 1912 Citizenship Law and stated that Italian citizenship would be passed down from one generation to the next on the condition the Italian-born ancestor did not acquire a foreign citizenship before their next descendant in line was born. Therefore, to be eligible to apply through a consulate or municipality, your Italian ancestor must have either never naturalized in a foreign country or did so after 1912 and after their child was no longer of minor age (before March 9, 1975, the age of majority was 21 in Italy). In fact, new citizenship guidelines were issued on October 3, 2024 regulating the process for individuals applying at Italian consulates and municipalities with cases involving an Italian ancestor that naturalized while their child was still of minor age.
On the other hand, if you have a female Italian ancestor who had her child before January 1, 1948, you will not be able to apply at your local Italian consulate or in an Italian municipality. Not until this date, when the Italian constitution was ratified, were women able to pass citizenship down to their children. However, recent court cases have challenged this as unlawful and discriminatory, with legal precedent now stating that the gender equality established in the constitution should be applied retroactively. Therefore, if you have a woman in your lineage who gave birth before 1948, you may still be eligible to apply by petitioning the Italian courts, with what is called a “1948 case”, often with a high chance of success. The female Italian-born ancestor must have either never naturalized, naturalized after their child was born, or naturalized involuntarily and atomically through her marriage. Furthermore, it is possible to petition an Italian court when a consulate is unable to render their service to someone looking to apply for Italian citizenship due to lack of appointments with the citizenship office.
In summary, an administrative procedure is when you are applying for Italian citizenship jure sanguinis at your local Italian consulate or in an Italian municipality. Both follow guidelines dictated by the Italian Ministry of the Interior and other Italian administrative bodies. This is why the circolare issued on October 3, 2024 by the Ministry of Interior is only applied at Italian consulates and in municipalities. Whereas, the Italian judicial system is legally independent from these public entities and therefore, not bound by these guidelines.
A judicial procedure refers to petitioning the courts with a “1948 case” through a female ancestor who gave birth before January 1, 1948, including female Italian-born ancestors who naturalized involuntarily and automatically through their marriage before 1922. Judicial cases also include regular jure sanguinis cases that would normally be submitted through an administrative procedure but instead are submitted through the courts due to extended wait times at the Italian consulate that exceed 730 days.
Document Retrieval Phase
Similarities between the administrative and judicial process are found at the beginning and end of the application journey. No matter how or where you are applying, the document retrieval phase starts much the same. A successful citizenship application requires vital records of the individuals in your Italian lineage, including birth, marriage, divorce and death (if applicable) records, and proof that your ancestor acquired foreign citizenship or never naturalized. Vital records need to be newly issued certified copies in the “long-form” format, and foreign records must be legalized with an apostille. Furthermore, documents in a foreign language will need to be translated into Italian.
It’s important to remember that demonstrating an unbroken chain of Italian citizenship throughout your Italian lineage is fundamental in claiming Italian citizenship by descent. This is accomplished through vital records that contain consistent and cohesive details pertaining to the individuals in your Italian lineage.
Application Process
Applying at an Italian consulate or municipality (comune) first involves making an appointment at the relevant office and presenting a complete application along with supporting vital records. If applying in Italy, you will need to be living in the municipality where you are applying and have established legal residence in that town. You will not learn the outcome of your application on the day of the appointment, however, as there is further processing of your request which, by law, can take up to 24 months.
Generally, when applying through the administrative route, a separate appointment is required for each adult applicant. However, if you are filing a case with the Italian courts, multiple petitioners can be listed for one lawsuit, and therefore multiple family members can apply together.
Petitioning the Italian courts for Italian citizenship requires having an Italian attorney file the case, after which a judge is assigned and a hearing date is scheduled. As of June 22, 2022, Italian law dictates that for petitioners living abroad, lawsuits must be filed at the local court that has jurisdiction over the municipality where your Italian ancestor was born. By signing power of attorney, you will have Italian legal representation throughout the procedure and your presence in Italy will not be required. Generally, a hearing is scheduled within 3-9 months, depending on the court and availability of the judge, and in some cases, they will require a second hearing before making a decision.
Chances of success with an administrative procedure are generally higher because the citizenship clerks do not interpret Italian citizenship law. They follow the guidelines and criteria set out by the law, using vital records that are included in your application to support your claim. They verify a valid transmission of citizenship from one generation to the next and confirm that no one in the Italian lineage renounced their Italian citizenship.
Alternatively, in the Italian legal system, judges are not bound by legal precedent. While judges will often follow the precedent set by previous cases, they have the ability to interpret the Italian citizenship law differently in relation to the case brought before them and the records in support of the case.
What happens after citizenship has been granted?
Being granted citizenship by an Italian consulate, comune in Italy, or the Italian courts is the same and your citizenship status is no different. After you receive recognition from the consulate, or after your case has been approved by the judge, the next steps follow in a similar fashion. Your vital records will need to be registered in Italy, and if living abroad, you will register with AIRE (Registry of Italian Citizens Residing Abroad).
If you applied via the administrative route at your local Italian consulate abroad, they will send your vital records (birth and marriage), to the municipality in Italy where your Italian ancestor, through which you applied, is from. However, if you applied in Italy, your vital records will be registered directly in the comune where you applied. Alternatively, if you were granted Italian citizenship through a court case, the attorney representing you will request a copy of the final judgment which will then be registered along with your vital records at your local Italian consulate. The consulate will then send the final judgment and vital records to the municipality in Italy where your ancestor was from for registration.
Registration in AIRE is a requirement for any Italian citizen planning to live abroad for more than 12 months or whose place of residence is not in Italy. Being registered in AIRE ensures you are able to access services entitled to Italian citizens, such as voting in Italian elections and applying for an Italian passport.
This article has explained the ways in which to apply for Italian citizenship by descent, either through an administrative or judicial process. It also highlighted the similarities and differences between both procedures. Should you have questions or would like to learn more about Italian citizenship, don’t hesitate to contact us for more information.
