Many countries allow for dual citizenship with the United States, including Italy, Ireland, France, Germany and the United Kingdom, to name a few. Notably, every government has its own set of immigration policies and citizenship laws, which in turn shape the eligibility requirements and the conditions one must meet in order to apply for dual citizenship. With regards to dual citizenship with Italy, the Italian government’s requirements to apply for Italian citizenship jure sanguinis (by descent) are less strict compared to other EU countries, which make Italian citizenship by descent one of the easiest citizenships to acquire in Europe. There is no language requirement in order to apply; the application can be filed via an Italian consulate in the U.S., or via an Italian consulate in your country of residency, or via a municipality in Italy (in this case you will need to establish your residency in Italy); finally, you will be able to transfer it to your children regardless of where they are born. Most importantly, unlike other countries such as Spain or Ireland, there are no generational limits that will prevent you from applying for Italian citizenship by right of blood. In other words, it does not matter if you apply through your most recent ancestor or through your most distant ancestor since there is no limit in the number of generations one can go back. However, you must meet a number of requirements.
An overview of the laws regulating the acquisition of Italian citizenship across generations
Article 1 of Law n.555/1912 introduced provisions regulating the acquisition of Italian citizenship. The law established that an individual could become an Italian citizen regardless of his or her place of birth, but provided that the father was an Italian citizen when the child was born. If the father acquired U.S. citizenship by naturalizing in the U.S. BEFORE the birth of his child then the child would have lost his Italian citizenship. This is the reason why it is important to determine whether your ancestor who was born in Italy and then emigrated to the U.S. ever naturalized and, if so, whether naturalization occurred before or after the child’s birth abroad.
NOTE: in the U.S. naturalization was a multi-step process, which in most cases would take a few years. For more information about the naturalization process click here.
Furthermore, in order to apply your ancestor who was born in Italy must have been alive at the time Italy was unified as a nation on March 17, 1861 or he/she must have been born after that date and, finally, none of your ancestors in your direct line of descent must have ever renounced their Italian citizenship. If the requirements mentioned above are met, citizenship can be passed from one generation to another.
As for Italian women, they were allowed to pass their Italian citizenship onto their children when the Italian constitution came into effect on January 1, 1948. Therefore, if there is a woman in your Italian lineage who gave birth to her child prior to January 1, 1948 you might not be able to apply for Italian citizenship via an Italian consulate or a municipality in Italy but rather via filing a lawsuit in Italy. This is due to the fact that when Italy became a republic on January 1, 1948, its constitution granted women and men equal rights. As a result, Italian women could pass their Italian citizenship on to their children but only if they were born after January 1, 1948. This is why if your female ancestor gave birth to her child prior to January 1, 1948 you can only claim citizenship retroactively via a judicial proceeding and file a 1948 case as mentioned above. On the other hand, if there is a female ancestor in your Italian line who gave birth to her child after January 1, 1948 you can file your citizenship application at an Italian consulate or at a municipality in Italy. More information about the most important dates one must keep in mind when considering applying for Italian citizenship can be found here.
Note, if your male ancestor naturalized before his child’s birth you might be able to claim citizenship via a female ancestor (provided that she was born in Italy) because she might have become naturalized automatically and involuntarily through marriage. This is now considered to be unlawful and discriminatory against women and therefore you can try your case in court via a judicial proceeding.
Passing Italian citizenship to your children
If you have minor children and you apply for Italian citizenship, your children will automatically be part of your application. In other words, you can pass citizenship on to them automatically, and they will be able to pass it down to their children and so on provided that the Italian parent registers the child’s birth prior to the child turning 18, or that the child formally applies for the recognition of Italian citizenship by descent at an Italian consulate or at an Italian municipality. In order for your children to be granted Italian citizenship you will need to present certified copies of their birth certificates with an Apostille and a translation into Italian when you file your application. When you are granted Italian citizenship the Italian consulate or municipality will then register you with the AIRE (Registry of Italian Citizens Residing Abroad), and you will be able to apply for passports for both your children and yourself.
If you have children after you are granted Italian citizenship, you will need to register their births before they turn 18 in order for them to be recognized as Italian citizens. If you do not register your children’s births prior to their 18th birthday, they will need to file a formal request comprising certified copies of the vital records of all the family members in the Italian lineage starting from the ancestor who was born in Italy.
Finally, if you apply for Italian citizenship and you have adult children they will not be automatically included in your application, and they will need to book an appointment at the Italian consulate or municipality in order to apply for the recognition of Italian citizenship by descent. If you and your children reside under the same consular jurisdiction you will be able to apply via the same consulate but each adult applicant will need to book his/her appointment, however, you will be able to share the documents which prove your eligibility to apply. On the other hand, if you apply via different consulates, each adult applicant will need to retrieve certified copies of the vital records pertaining to the family members in the Italian lineage starting from the ancestor who was born in Italy and who emigrated to the United States. More detailed information about applying for Italian citizenship with your children can be found here.
We hope that this article has provided you with an insight into one of the most interesting aspects of Italian citizenship, i.e., the possibility and the benefits of extending it to future generations without any limits. If you are considering applying for Italian citizenship by descent and you would like further information, please contact us for a free eligibility assessment at [email protected]. We will be happy to help you!
