What are the differences between jus sanguinis and jus soli?
One of the most frequently asked questions about Italian citizenship is about the differences between jus sanguinis and jus soli. Currently, Italy gives the recognition of citizenship jure sanguinis, through naturalization, and it grants citizenship based on the principle of jus soli only in exceptional circumstances.
This article will examine a few points so as to provide you with a clear understanding of the differences between the two citizenship systems and their relevance in the broader discussion about Italian citizenship by descent.
As you may know the terms jus soli and jus sanguinis derive from Latin and are used in citizenship law. More specifically, jus soli means “right of soil”; under this system, the right of citizenship is acquired by being born in a country, regardless of the nationality of an individual’s parents. There are more than 30 countries in the world that recognize birthright citizenship. Among these are Argentina, Brazil, Canada, Cuba, Mexico and the United States, just to name a few. On the other hand, “jus sanguinis” means “right of blood”, and it denotes the ability of an individual to claim the citizenship of a country by virtue of being born to a parent who is a citizen of that country.
As mentioned above, the principle of jus soli regulates the acquisition of citizenship in the United States. This means that you acquire US citizenship by virtue of having born within U.S. territory.
Generally, most countries that adopt the principle of jus soli also adopt the principle of jus sanguinis as an exception to the general rule. For instance, you are recognized as an American citizen even if you were born outside of the U.S. provided that at least one of your parents was a U.S. citizen at the time of your birth.
On the other hand, the principle of jus sanguinis regulates the acquisition in many European countries, including Italy. The Italian law (91/1992) states that Italian citizenship is granted if an individual’s father or mother are or were Italian at the time of the child’s birth. Italy also adopts the principle of jus soli, however only in exceptional circumstances; in fact, individuals who are born in Italy to stateless or unknown parents are recognized as Italian citizens.
Applying for the recognition of Italian citizenship by descent
But how does the principle of jus sanguinis play in your favor if you have Italian ancestry and would like to apply for the recognition of your Italian citizenship?
In order to be granted Italian citizenship you need to prove that either your father or mother were Italian citizens at the time of your birth, or that the ancestor who was born in Italy and through whom you are claiming citizenship passed his or her Italian citizenship to the next individual in the Italian lineage down to you without breaking the chain.
There are some very specific requirements that you need to meet in order to claim Italian citizenship jure sanguinis:
- your ancestor who was born in Italy was alive at the time Italy was unified as a nation on March 17, 1861, or he/she was born after that date;
- your ancestor was never naturalized (or he/she became a U.S. citizen after the birth of the child who was born in the U.S. and after June 14, 1912);
- if there is a woman in your Italian lineage, she gave birth to her child on or after January 1, 1948;
- none of your ancestors in your direct line of descent ever renounced their Italian citizenship.
As discussed in many of our previous articles, you can apply for Italian citizenship at an Italian consulate abroad (provided that it covers the jurisdiction where you reside) or at an Italian municipality. However, if there is a woman in your Italian lineage who gave birth to her child in the U.S. prior to January 1, 1948, you might be able to apply for citizenship through an application via the court rather than via a consulate and file a 1948 case via a judicial proceeding. This is because women were given the ability to transfer their Italian citizenship “by right of blood” to their children only after the Italian constitution came into effect on January 1st 1948. This is now considered to be unlawful and discriminatory against women and therefore you can claim citizenship retroactively via the Italian court.
It is worth mentioning that if you apply for Italian citizenship and you have minor children, they will automatically be included in your application and will be recognized as Italian citizens. Furthermore, if you were adopted as a minor by parents with Italian ancestry (and meet the requirements to apply for their right to Italian citizenship) you and your children will also qualify for Italian citizenship.
Rules for individuals who were born in Italy
Following the huge influx of immigrants to Italy in recent years, the Italian government has discussed introducing jus soli as this would facilitate the acquisition of citizenship for children of immigrants who were born in Italy. Nevertheless, the discussion is still ongoing. It is worth mentioning that if jus soli were introduced it would not affect those who would like to apply for Italian citizenship by descent because the two systems are different and they apply to different circumstances. At this very moment in time, individuals who were born in Italy to non-Italian citizens have a year to decide to become Italian citizens and apply for citizenship via a simplified process when they turn 18 provided that they have lived in Italy since birth.
But what if you were born in Italy to foreign parents and you then relocated to another country prior to reaching the age of 18? In this case you can acquire Italian citizenship by relocating back to Italy for 3 years. This specific circumstance allows individuals who are interested in pursuing Italian citizenship to apply for citizenship after 3 years of legal residency in Italy as opposed to 10 years, which is the time required for non-EU citizens who wish to apply for Italian citizenship by residency. There are, however, a number of requirements you need to meet in order to apply. Firstly, and most importantly, you need to provide evidence that you have legally resided in Italy and that your name has been listed in the registry office of your municipality of residence for a given period of time without interruption. Secondly, in order to apply for Italian citizenship by residency you need to have certified knowledge of Italian at a level no lower than B1. If you would like more information about the B1 language requirement, please click here. Finally, you also need to provide evidence that your yearly income has not been lower than € 8.263,31 for the past 3 years. If you need further information about applying for Italian citizenship by residency, please find more information here.
**The children of immigrants who were born and raised in Italy can apply for Italian citizenship when they turn 18: this application process is radically different from applying for Italian citizenship after 3 years of legal residency in Italy because this option applies to individuals who were born in Italy but did not reside in Italy uninterruptedly until the age of 18.
If you require further information about the rules and the eligibility requirements to apply for Italian citizenship or if you would like a free eligibility assessment, feel free to contact us at [email protected]. Our team will be happy to help you.
