A common misconception about Italian Citizenship by descent is that there is a generational limit. Many people think that this is the case but it is simply not true. It is believed that it is only possible to gain citizenship either through a parent or grandparent, but this is absolutely not the case either. We can say unequivocally that there are absolutely zero generational limits for Italian citizenship by descent. Although to be perfectly clear, this does not mean that the process is without restrictions. In fact, there are numerous laws, regulations to follow and requirements to meet when determining eligibility for Italian citizenship by descent.
The initial step to take is to decide which ancestor of yours you would need to make your claim through. To many peoples’ surprise, the gender of your ancestor can make a difference. The process differs greatly, contingent upon whether you are proceeding through a family line starting with male or a line that includes a female ancestor. Where the two process may share similarities is that your ancestors in both cases must have been alive and a citizen of Italy after the formation and unification of Italy in 1861 (with the exception of few pre-unitary states that became part of the Italian nation at a later date).
If it would be necessary to go through a female ancestor who gave birth to her child (another part of your direct family line back to Italy), and gave birth before January 1st 1948, then you would not be eligible to apply for Italian citizenship under Italian law. In fact, prior to the promulgation of the 1948 Italian constitution, Italian-born women and women of Italian descent (who had the right to Italian citizenship) did not have the same rights as men and were unable to transfer their citizenship onto their children. This is why, if you have a female Italian ancestor in your Italian line going back to Italy, who gave birth to her child before 1948, you would not be considered as an Italian citizen by birth. Though, in these cases, it is still possible to pursue Italian citizenship via the court system, based on several legal precedents and a 2009 ruling of the Italian Supreme Court, which declared retroactively that citizenship could be transferred by a female ancestor even to children born before 1948. It would be necessary to go through a judicial process to make your claim for Italian citizenship because, as it currently stands, the law discriminating against women has not been repealed by the Italian parliament. For more information on citizenship through 1948 court proceedings click here.
However, if your ancestry goes through a female who gave birth on or after January 1, 1948, or through a male regardless of what year it was, these processes will be alike and both go through an administrative process through a consulate or comune (Italian municipality) in order to make your claim to petition for recognition of Italian citizenship by descent.
Here are some examples of how to qualify for Italian citizenship:
Italian citizenship through a parent
If one or both of your parents were born in Italy and you were born in a country where citizenship is acquired by birth, such as the USA through what is referred to as “birthright” citizenship, you will be eligible to claim Italian citizenship only if one or both of your parents was not yet a US citizen when you were born. However, if you were born on or after August 15, 1992, then it would not matter if your parent had taken on another citizenship as long as they never intentionally renounced their Italian citizenship prior to your birth.
If you were born before January 1st,1948, and are making a claim through your mother, you would not be eligible for Italian citizenship by descent; meaning that your father would be your only qualifying Italian ancestor. However, if your mother was the only Italian citizen at the time of your birth and you were born before January 1st, 1948, you can pursue Italian citizenship via the court system.
Italian citizenship through grandparents
If one or both of your grandparents were born in Italy and you and your parent, who is in your direct Italian line of descent, were born in a country where citizenship is acquired by birth; such as the USA, you would only be eligible to claim Italian citizenship if at least one of your grandparents was not yet a US citizen at the time of your parent’s birth.
If your mother or father were born before January 1st, 1948, you are not eligible to apply for Italian citizenship by descent IF it is necessary to petition through your grandmother. If your grandmother was the only Italian citizen at the time of your mother’s/father’s birth and your mother/father was born before 1948, you can pursue Italian citizenship via the court system through a “1948 case”. However, if there is a viable Italian line that runs through a male ancestor instead of a female ancestor, you would still be able to apply for Italian citizenship by descent.
For more information on citizenship through 1948 court proceedings click here.
Italian citizenship through great-grandparents.
If one or both of your great-grandparents were born in Italy and you and your parent and a grandparent, were born in a country where citizenship is acquired by birth, such as the USA, you would only be eligible to claim Italian citizenship if at least one of your great-grandparents was not yet a US citizen at the time of your grandparent’s birth.
However, if your family line went through a female who gave birth before January 1st, 1948, to her child who would also be considered in your direct family line back to Italy, it would be necessary to pursue Italian citizenship via the court system through a “1948 case”.
For more information on citizenship through 1948 court proceedings click here.
If you find yourself requiring assistance in your search for determining eligibility, we offer a free no obligation eligibility assessment. This may require the collection of various documents or records which may be able to demonstrate your eligibility. Generally, the documents which may contain information that will be vital in this eligibility search are often found on draft cards, census records, birth, marriage, and death certificates.
As long as the minimum requirements have been met and as long as you have procured the documentation of each generation from your Italian born ancestor all the way down to you to show and prove to the Italian government your right to be recognized as an Italian citizen, you will be able to pursue the recognition process.
For more information on document procurement/research and for your Free No Obligation Eligibility Assessment, click here to contact our team of Italian dual citizenship experts for more information.
