The benefits of EU citizenship
Being an Italian or Irish citizen brings vast benefits, such as being able to live and work in each respective country, as well as access their health and social care services. It also means you are an EU citizen, which affords work, life, and study opportunities within Europe, as well and unrestricted, visa-free travel within and between the EU member States.
Italian citizenship by descent and eligibility
Italian citizenship laws uphold the principle of jure sanguinis, which means “by right of blood”. In accordance with this principle, individuals can become Italian citizens at birth if at least one of their parents was an Italian citizen at the time of their birth. For individuals of Italian descent, born outside Italy, they can claim Italian citizenship if they have/had a parent, grandparent, or great-grandparent who was an Italian citizen and if they can demonstrate an uninterrupted line of descent. This means that an individual must be able to show that Italian citizenship was passed from their Italian ancestor to them. They must also show that none of their Italian ancestors ever renounced their Italian citizenship, and that their ancestor who was born in Italy either never naturalized or naturalized after the next individual in the Italian line who was born outside of Italy.
In addition to the above, these are the further requirements:
- If the ancestor who was born in the Italian peninsula passed away before the unification of Italy in 1861, Italian citizenship cannot be claimed via that ancestor. In fact, any person who passed away before that date was not a citizen of Italy, and consequently had no remit to pass on Italian citizenship.
- Ancestors who naturalized before June 14, 1912, cannot pass their citizenship on to their children, even those born before the parent became naturalized.
- Italian women can only transfer Italian citizenship to their children born after January 1st of 1948.
There is no generational limit to claiming citizenship by descent (jure sanguinis), except in relation to the above date of 17 March 1861, when Italy unified as a nation and its people became Italian citizens.
1948 cases
Before the Italian Constitution came in effect on January 1, 1948, only men could pass citizenship on to their children. The Constitution granted the same right to women and a decision made by the Supreme Court in 2009 ruled that this right be applied retroactively. This means that individuals who have a female ancestor in their direct family line, and fall under the “1948 rule”, can apply to have their citizenship retrospectively recognized. Because of such, consulates will not process applications whereby the female Italian antecedent gave birth to a child who was born abroad before January 1, 1948. In these cases, known as 1948 Cases, citizenship must be claimed by filing a case at court in Italy.
Irish citizenship by descent and eligibility
In order to qualify to for Irish citizenship by descent you need to meet at least one of the following criteria:
- You have an Irish-born grandparent.
- You have a parent who was an Irish citizen at the time of your birth.
- You have an Irish-born great-grandparent, and an Irish citizen parent who was registered in the Foreign Births Register (FBR) at the time of your birth.
If you fall under one of the above categories, you can become an Irish citizen through the Foreign Births Register. In respect of great-grandparents ancestors, if your parent did not register in the FBR before you were born, you are unable to apply for citizenship by descent through the Foreign Births Register, however you can still make an application via association.
Irish citizenship through association
If you do not meet the requirements discussed above, you can pursue Irish citizenship through association via a great grandparent. In order to qualify you must:
- Be 18 or over;
- Meet the relevant residency requirements;
- Intend to live in Ireland;
- Be of good character.
Applicants who apply for citizenship through an ancestor who is a great-grandparent or association are expected to have resided in Ireland for around 3 years. In the absence of this, you must present a case by demonstrating strong and tangible links to Ireland. This will include listing any relationships (relatives, friends, business) you have there; any future plans to live in Ireland, and any memberships you may have in Irish clubs or societies. Traveling to Ireland, for work, holiday, or study, will also help the application. You will also need 3 references from Irish citizens. The Irish Minister for Justice has absolute discretion in granting or denying these applications.
Italian citizenship by descent application process and where to apply
In respect of Italian citizenship by descent applications, there are three pathways through which you can apply:
1) Applying at an Italian consulate in the U.S. or abroad
If you are in the U.S. or abroad, you can apply for recognition of your Italian citizenship at an Italian consulate that has jurisdiction where you reside (for list of consulates in the U.S. see here). First, you will need to collate, legalize and translate the required vital records, and register with the online booking system, prenotami (found on the consulate’s website), which is needed to make an appointment. On the day of your appointment, you will need to present all your documentation and vital records.
Appointment waiting times in the U.S. can range between 12-18 months, and by law consulates have up to 24 months to process an application for Italian citizenship by descent. Waiting times can be lengthy, due to the high numbers of people wanting to obtain Italian citizenship, however the benefits to applying at the consulate are that you can communicate in English, and you do not have to relocate. Applying at an Italian consulate from within Europe is generally quicker than in the U.S. because waiting times for appointments are lower. However, the condition is that you are a citizen or a legal resident of the country within which you want to apply for citizenship.
For more information on applying via a consulate see here.
2) Applying via an Italian municipality
Applying for citizenship by descent in Italy tends to be a faster process than applying at a consulate. The process takes between 6-9 months, but this will vary depending on the municipality. If you apply in Italy you need to be physically present in Italy, and resident in the Italian municipality (comune) where you will submit your application. Your residency permit allows you to stay as long as your process takes, without Schengen restrictions (90-day limit for non-EU citizens). Only the vital records of individuals in your direct line are required, and municipalities (comuni), as long as they are without discrepancies, are generally less scrutinous of documents, translations and certifications.
For more information about applying in Italy here.
3) Applying via the courts in Italy
One of the advantages of having a “1948 case” is that your presence in Italy is not required. You can sign power to attorney who can act on your behalf. Cases can be filed at the regional court in the municipality where your ancestor was born. Once a judge is assigned, a hearing is scheduled 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 in the hearing, or between 1 and 6 weeks after the hearing. The process in total takes between 6 and 14 months.
For more information about filing a court case see here.
Irish citizenship by descent application process and where to apply
The Department of Foreign Affairs is responsible for processing Irish citizenship by descent applications, and involves registering in the Foreign Births Register.
In order to do this, you will need to collate the necessary documentation, and complete the application form which is online. Once this is done, you will need to print a copy of your application, and a witness must certify documents and photos.
You will then need to print and send the application form, along with all supporting documentation, to the PO Box address in Ireland, which will be on the application form.
It is important to note that Irish embassies and consulates abroad do not process citizenship applications. All applications must go to the office in Dublin.
See more about applying through the Foreign Births register see here.
In terms of application processing times, the Foreign Birth Registration department take approximately 9 months to process citizenship by applications.
Applications by association
Applications by association are managed by The Department of Justice, and as stated the Irish Minister has absolute authority and discretion to waive requirements and grant or deny requests. There is no automatic right to be granted citizenship by association (naturalization). You must present a strong case to show you have meaningful connections to Ireland. Demonstrating strong associations to Ireland is especially important in the absence of not meeting residency requirement. In respect of applications made via association, it can take up to 30 months to process and assess each application.
For more information about applications through association cases here.
How to obtain an Italian or Irish passport
Once Italian citizenship is granted, you can apply for a passport. If you live in Italy, you can apply for a passport at the local questura (police headquarters), or if you reside abroad you can apply at the Italian consulate that covers jurisdiction where you live. You will need to submit your application and attend an appointment with the necessary documentation. The process can take between 1 and 6 weeks.
See here for more information on applying for an Italian passport.
In respect of Irish passports, the Department of Foreign Affairs and Trade in Ireland and Irish consulates and embassies abroad issue passports. Again, you will be required to complete the application form which is online and accessible at Passport Online, and submit all required documentation to the passport service. First time online applications take on average 20 working days to process.
See here for more information about applying for an Irish passport.
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In summary, obtaining Italian citizenship by descent enables those with ancestors as far back as great-grandparents to apply, making it a feasible and accessible process. Furthermore, the various pathways through which individuals can apply means there is an option for each circumstance.
Applying for Irish citizenship by descent through an Irish parent or grandparent, providing you understand what is required, can be a fairly straightforward process.
In relation to a great-grandparent, although obtaining citizenship is more complex on account of the criteria, it is still attainable providing that a strong case is presented.
If you would like to know more about applying for Italian citizenship by descent, or have any other queries, you can visit our homepage, or contact us directly and one of our friendly experts will be in touch to answer your questions.
