This article will highlight some of the steps you can take to speed up the process of applying for Italian citizenship by descent, both at Italian consulates and in Italy. It will also address some key points in terms of application requirements, and provide you with information that can be utilized to ensure your claim for Italian citizenship is recognized as quick as possible and without delay.
Understanding if you qualify
As a general rule, you qualify for citizenship by descent if your Italian-born ancestor never naturalized or if he/she was naturalized after the child’s birth, and if none of your ancestors in your direct lineage ever officially renounced their right to Italian citizenship. Regarding female Italian ancestors, their child must have been born after January 1, 1948. The first step is to gather as much information as possible (including from family members and by researching records one might have at home). The rest of the information can be researched on several websites, such as familysearch.org, nara.gov, ancestry.com, and heritage.statueofliberty.org. Note: the “1948 rule” may apply to your case. The 1948 rule refers to a woman in your Italian ancestry who gave birth to a child who was born abroad before January 1, 1948. In these cases, although you may not be able to apply for Italian citizenship by descent through the consulate, you can claim citizenship by filing a case at court in Italy, as will be discussed.
At ICA we offer a free preliminary assessment aimed at confirming quickly the eligibility for Italian citizenship.
Documents
Irrespective of whether you apply for Italian citizenship by descent at the consulate, the Italian municipality (if you apply in Italy), or at court in Italy (if you file a 1948 case), you will need to provide certified copies of your family’s documents, known as vital records. These documents include birth, death, marriage and divorce certificates. Retrieving your vital records is one of the most important aspects of making your Italian citizenship application, and it is essential to ensure you have gathered the correct documents before commencing; otherwise, you risk discrepancies, which may cause delays or even your application being denied. The vital records you need to submit will vary depending on the category under which you apply, on the state which is responsible for issuing the record, on the record that you are requesting (whether it is a birth, marriage or a death record), and on the date of issuance. With this considered, it is important to check the specific requirements at the start of your process. In general, you will need your birth, marriage, and any divorce records (if applicable). For under 18s, you will also need birth certificates. You must retrieve “certified copies” of “full form” or “long form” (not abstract), of all certificates. In relation to your ancestors, you will need to present their birth certificate from the comune (townhall) in the region where they were born, which also has their parents’ names. Also required will be a copy of naturalization records, or proof that your ancestor was never naturalized, passports and permanent resident cards, and death certificates, where applicable. Each vital record must also have attached an Apostille, which is the legalization of a certificate provided by the government of the country where it was issued. The certificates need to be translated into Italian. However, when applying via an Italian consulate in the U.S., the certificate of naturalization, or any document regarding the naturalization status of the Italian ancestor, do not need to be translated and do not need an Apostille.
At ICA we provide a service whereby we collect all the records for our clients.
Discrepancies
It is fundamentally important to check documents to make sure there are no discrepancies or changes in the names, dates and places of birth. If there are errors it will cause delays and a possible rejection of an application. Any major discrepancies will need to be corrected with an official “affidavit to amend a record”, which requires making a request to the Vital Statistics Office that issued the document, and this creates further delay.
Family cooperation when gathering documents
Researching your family lineage is of course an essential part when seeking citizenship. With this considered, being able to communicate and share information with family is useful; however, it is not mandatory that individual family members in your Italian lineage give authorization in order for you to be able to apply for citizenship. However, it is important to note that if you have a living ancestor (for example a parent or grandparent), they will need to sign a declaration form stating that they never renounced their Italian citizenship. If you apply at the consulate, it is important to know that this declaration is one of the forms that will be required as part of the application. So, in this respect, having cooperation is useful. Alternatively, if you apply for citizenship via the municipality in Italy or at court (a 1948 case), then records pertaining to family members who are not direct ancestors are not always required, and this helps speed up the process because there are less forms to retrieve and prepare.
Applying at the consulate: waiting times
If you are in the U.S. you will need to apply at the Italian consulate that has jurisdiction where you reside. It is important to remember that making an appointment at the consulate can take several months because of the high number of people wishing to obtain Italian citizenship.
With that said, there are obvious benefits to applying at the consulate; for example, you can communicate in English, and making the application at the consulate is convenient and does not require you to relocate.
In terms of documents, the application and vital records can all be submitted at the same time in one appointment, and, in terms of records, often there is no need to get the translations of your documents certified. Consulates in the US will generally accept any correct translations into Italian; even if not professionally translated. If your case is more complex, consulates may be better equipped to understand the particulars of your case.
Consulates in Europe
Applying to an Italian Consulate from within Europe is generally quicker than the U.S. counterparts because waiting times for appointments are shorter on account there are less people eligible for Italian citizenship, and consulates in Europe tend to require fewer documents. The only condition is that you need to be a citizen or a legal resident of that country to be able to apply via a consulate from within Europe.
Applying in Italy
Making your citizenship claim in Italy is generally quicker because you do not have to wait for an appointment, which as we have said can take up to several months at a consulate in the U.S. In fact, most municipalities operate a walk-in service, which means you can attend an appointment the day you go. In terms of documents, in Italy you do not need as many to claim citizenship. Vital records of family members who are not in the direct line are not required, and municipalities (comuni), in particular the smaller ones, tend to be less scrutinous of documents, translations and certifications; providing that all documents are without discrepancies. Finally, once you make an application in Italy you are allowed to stay as long as your process takes, without Schengen restrictions applying to you. You can read more about the above in our article here.
Family lineage and the “1948 rule”
1912 Italian citizenship law stipulated that only men could pass on citizenship to their children; women were not allowed. This changed when the Italian Constitution came into effect on January 1, 1948, which granted men and women the same right; meaning that children could inherit citizenship from their Italian-born mother. This means that descendants who have a female ancestor in their lineage, that meets the 1948 rule, can apply for Italian citizenship retroactively by filing a lawsuit on the basis of 1912 law being discriminatory and unjust. Furthermore, thanks to a recent change in law, 1948 cases can be processed much faster because they can now be heard at the regional courts in the municipality where the ancestor was born. Before this, cases could only be filed at the court of Rome, which created large backlogs. Your presence in Italy is not required, and an attorney who you sign power to attorney to can act on your behalf. A judge then gets assigned and they schedule a hearing in which the judge will examine your vital records to ensure they are accurate and without discrepancies. The judge will either grant or deny your claim to citizenship between 1 and 6 weeks after the hearing. The total duration of the process tends to be between 6 and 14 months. For more information about the court process please see related article here.
Minors
An important point worth stating is that if you apply for Italian citizenship while your children are minors (under the age of 18) you will need a copy of their other parent’s birth certificate, as well as the marriage certificate. If you are divorced you will also need documents proving that no appeal was ever filed after the judgement was made. Furthermore, as Italian law stipulates, your spouse must sign a consent form for your minor children to apply for a passport once you have been granted Italian citizenship.
This article has outlined some of the ways you can quicken the process of obtaining Italian citizenship; especially in terms ensuring that your documents are accurate and without discrepancies, knowing the 1948 rule, and differences in waiting times when applying at a consulate or in Italy.
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