In one of the articles we published last year we discussed the differences between the principles of jus soli (“right of soil”) and jus sanguinis (“right of blood”). While the former regulates the acquisition of citizenship by virtue of being born in a country regardless of one’s parents’ nationality, the latter 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. Therefore, applying for Italian citizenship jure sanguinis means claiming citizenship by right of blood (or by right of descent). This article will shed light on the technical aspects of applications for Italian citizenship jure sanguinis and it will explain under which circumstances you can apply, and why. It will also provide you with an overview of the laws that regulate the acquisition of Italian citizenship by descent, and the paths you can pursue in order to reconnect with your Italian heritage.
Generally speaking, most countries that adopt the principle of jus soli also adopt the principle of jus sanguinis; the U.S. for instance, regulates the acquisition of citizenship based on the principle of jus soli, therefore an individual can acquire U.S. citizenship by virtue of being born within U.S. territory. However, the U.S. also allows individuals to apply for U.S. citizenship even though they were born outside the U.S., provided that at least one of the parents was a U.S. citizen when the child was born. Italy grants citizenship jure soli only in exceptional circumstances, such as in cases in which an individual is born to stateless or unknown parents. As a matter of fact, the Italian law states that Italian citizenship is granted if an individual’s father or mother was an Italian citizen at the time of the child’s birth, which is the rule enshrined in the principle of jus sanguinis. But how is this principle applied if your ancestors were born in Italy and you would like to apply for the recognition of Italian citizenship by right of blood?
Firstly, it is worth pointing out that your ancestor 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. In fact, prior to that date, the Italian peninsula was fragmented into many states and regions and it was only on March 17, 1861 that Italy was finally declared a nation-state. Secondly, if you would like to apply for citizenship jure sanguinis you need to prove that your 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 and down to you without breaking the chain. In fact, Law 555/1912 established that if an individual voluntary acquired a foreign citizenship, he/she would lose Italian citizenship. This implies that your ancestor must have never naturalized or he/she must have become a U.S. citizen after the birth of the child who was born in the U.S.[1]. On the other hand, if your ancestor who emigrated from Italy had a child in the U.S. while he/she was still an Italian citizen then the child would have automatically gained Italian citizenship jure sanguinis, as well as U.S. citizenship by virtue of being born on U.S. territory. In fact, art.7 of Law 555/1912 allowed children of Italian citizens who were born in a foreign country which applied the principle of jus soli to acquire both the citizenship of that country and Italian citizenship.
Finally, another requirement is that your ascendants in your Italian lineage must not have renounced their Italian citizenship voluntarily in order for you to be eligible to apply for Italian citizenship by descent. In fact, Law 555/1912 established that Italian citizens who held a foreign citizenship had the right to renounce their right to Italian citizenship.
How can you claim Italian citizenship?
If you would like to apply for Italian citizenship jure sanguinis you will need to consider the factors outlined above. Please bear in mind that if you file an application you cannot skip generations; in other words, when you apply for citizenship, be it via an Italian consulate, a municipality in Italy or via the Italian court system, you will need to collect certified copies of the vital records pertaining to all the family members in your Italian lineage, authenticate them with apostilles and translate them into Italian. This is due to the fact that, as mentioned above, Italian citizenship is passed from the ancestor who was born in Italy on to the next individual in the Italian lineage who, in turn, can pass it on to the next descendant and so on. Therefore, the Italian authorities need all your ascendants’ vital records in order to verify your Italian lineage.
You can pass citizenship on to your children without any generational limits. In particular, if you are applying for citizenship with your minor children, they will be automatically included in your application, provided that you submit certified copies of their birth certificates with apostille and translation into Italian. If you have children after you are granted Italian citizenship, you will only need to register their births before they turn 18 in order for them to be recognized as Italian citizens; in other words, you will not be required to provide the Italian consulate with the documents pertaining to the ancestor who was born in Italy. Registering your children’s birth certificates entails filling out a form, signing it and mailing it to the consulate that covers the jurisdiction where you reside together with the child’s birth certificate with Apostille and translation into Italian. The consulate will then notify you when the vital record has been registered in Italy. On the other hand, if you have adult children, they will not be automatically included in your application and they will need to book a separate appointment at the consulate that covers the jurisdiction where they reside in order to formally apply for the recognition of Italian citizenship by descent. For more information about family applications please click here.
What is a “1948 case”?
Law 555/1912 only allowed men to transfer Italian citizenship on to their children. However, on June 2, 1946 Italy became a republic and its constitution – which granted men and women equal rights – came into effect on January 1, 1948. As a result, under the new constitution, Italian women could pass their Italian citizenship on to their children, but only if they were born after January 1, 1948. Therefore, if the child was born after January 1, 1948, you can file your citizenship application at an Italian consulate or at a municipality in Italy. However, a decision from the Italian Supreme Court (“Corte di Cassazione”) in 2009 established that the principle enshrined in the Italian constitution should be applied retroactively. Therefore, if your qualifying ancestor is a woman who was born in Italy and who never naturalized or who naturalized after the birth of her child who was born prior to January 1, 1948, you can claim Italian citizenship via the court system and file a 1948 case.
Some individuals do not qualify for Italian citizenship because their male Italian ancestor who was born in Italy was naturalized before the birth of the next individual in the Italian line. If this applies to you, you can claim citizenship via your female ancestor provided that she was born in Italy and that she never naturalized, or she became naturalized after the birth of her child who was born before January 1, 1948.
It was also common for some women to become naturalized involuntarily by marriage. In fact, prior to September 22, 1922, a married woman would automatically acquire her husband’s U.S. citizenship thereby losing her Italian citizenship. Acquiring citizenship by marriage prior to September 22, 1922 is now retroactively considered to be unlawful and discriminatory against women and therefore you can try your case in court via a judicial proceeding.
Law 91/1992
Finally, with regard to important dates and laws that regulate the acquisition of Italian citizenship, it is worth mentioning that in 1992 Law 555/1912 was replaced by the Law 91/1992. According to this law, if you were born in Italy and you naturalized in a foreign country after August 16, 1992, you did not lose your Italian citizenship because after that date Italy allowed dual citizenship. On the other hand, before that date, the voluntary acquisition of a foreign citizenship caused the loss of Italian citizenship. Nevertheless, if you fall into this category, you can reacquire Italian citizenship by establishing your residency in Italy.
In conclusion, this article has sought to outline the technical aspects of applications for Italian citizenship jure sanguinis by explaining under which circumstances you can apply for Italian citizenship by descent. If you would like further information regarding the paths you can pursue in order to apply for Italian citizenship and reconnect with your Italian heritage, please contact our team at [email protected]
[1] Please note that if your ancestor (who was born in Italy) was naturalized before June 13, 1912, you cannot claim Italian citizenship. This also applies if your ancestor naturalized after the birth of his child but prior to June 13, 1912. This rule regulated the acquisition of citizenship before the Law 555/1912 came into effect.
