While our previous articles have explored the steps involved in applying for Italian citizenship by descent to an Italian consulate in the U.S., this article will provide you with information regarding the steps involved in applying for Italian citizenship through the Court in Italy, with particular attention being devoted to what happens after a case is won.
However, before we analyze the process in greater detail, it is worth clarifying that you can claim Italian citizenship retroactively through the court system if there is a woman in your Italian lineage who gave birth to her child before January 1, 1948. This is because on that day Italy’s constitution came into effect, and it granted men and women equal rights and therefore, women were able to pass their citizenship onto their children. Prior to that date, in fact, women were not able to pass on their citizenship, which is now considered to be unlawful and discriminatory against women and this is why it is possible to challenge that situation in Court and apply for Italian citizenship retroactively.
Although there are a number of differences between applying for citizenship by filing a lawsuit and applying via the consulates, there are also a few similarities which mainly concern the documents that need to be retrieved to submit a citizenship application. In particular, when applying via a lawsuit, the petitioner will need to retrieve certified copies of his/her family’s vital records (birth, marriage, divorce and death certificates) and the naturalization records pertaining to the ancestor who was born in Italy. It is worth mentioning that if the woman (who was born in Italy) through whom the applicant is claiming citizenship did not naturalize, the applicant will need to retrieve a Certificate of Non-Existence of records from USCIS (U.S. Citizenship and Immigration Services) and a letter of negative search from NARA (the National Archives and Records Administration) or the County, which states that the individual in question was never naturalized. All the records will need to be authenticated with an Apostille and they will need to be translated into Italian. A compulsory step when applying via a lawsuit is for the translations of the documents to be certified prior to being submitted to the Court. Besides the cost of retrieving and authenticating the vital records, which is dependent on the specific state responsible for issuing them, the petitioner will need to cover the costs to certify the translations. Generally, the easiest way to obtain the certifications is to provide the clerk of the court with the documents; the cost will depend on the number of vital records that need to be translated and, consequently, on the number of revenue stamps that are needed to certify each translation. On average, the cost of certifying the translations of all the vital records varies between €200 and €500. Furthermore, filing a lawsuit will cost approximately €300. Once the lawsuit has been filed, the case will be assigned to a judge who will schedule the first hearing. The waiting time varies greatly depending on the judge’s availability, but it is generally around 12-18 months. During the first hearing the judge will examine the petitioner’s vital records, and if no additional documents are required, the judge will decide whether to grant or deny the applicant’s claim to citizenship. It is always advisable for other family members who descend form the same ancestor to join the lawsuit.
For people who reside outside of Italy, lawsuits are filed at the Court of Rome (“Tribuanle Civile di Roma”) which is on Viale Giulio Cesare, 54B, 00192, Rome.
*** Please note that the Italian Government approved a law on November 26, 2021 (but effective from December 24,2021) that states that when “the petitioner resides abroad, the lawsuit can be filed at the court that covers the jurisdiction of the Italian father, mother or ancestor’s municipality”, The new measures only apply to cases filed 180 days after the day on which the law becomes effective. All cases presented before that date must be filed at the Court of Rome.
The progress of the trial can be monitored on an App called “Giustizia Civile” which is downloadable from an Italian app store. By entering the case number (“ruolo generale”) it will be possible to view the different stages of the trial. The case number (RG) is normally a number which is preceded by the letters RG, which looks like this: RG 0000/2021.
If the case is won and the Court officially recognizes the applicant as an Italian citizen, the ruling will be filed with the clerk of the court and the attorney of record will be notified.
The attorney will need to wait 60 days for the judge’s decision to become final and thus no longer be subject to appeal. When that period of time elapses, the applicant will be able to request a copy of the final judgment with an official seal which indicates that the ruling is final and no longer subject to appeal (“sentenza con passaggio in giudicato”). Generally, the attorney of record needs to appear in person before the clerk of the court to retrieve a certified copy of the judgment with the seal mentioned above.
The final judgment will then need to be registered through the Italian consulate within the jurisdiction where the applicant resides. The consulate will then send the certified copy of the judgment, together with a certified copy of the petitioners’ birth certificate (which the court generally gives back to the applicant) to the municipality in Italy where the applicant’s ancestor came from. Furthermore, the applicant will need to register his/her vital records through the consulate, such as the marriage certificate/s (and divorce, if applicable). This will be rather easy because, as mentioned above, after the final judgement, the applicant can ask the court for the original vital records which had been authenticated with Apostilles and translated into Italian. In some cases, it might be necessary for the petitioner to contact the municipality where the ancestor was born to register the judgment and the applicant’s birth certificate. Technically speaking, when the birth certificate is registered the applicant can formally be considered an Italian citizen. If applicants reside abroad, when they register the final judgment, they will also be able to register with the AIRE (Registry of Italian Citizens Residing Abroad) and apply for a passport. With regards to this, the applicant can request a passport from the Italian consulate which covers the jurisdiction where he/she resides, with no need to travel to Italy.
It is worth mentioning that if you have minor children, you will need to register their birth certificates in Italy.
Here is a helpful recap of what you need to do after a successful ruling:
- wait 60 days from the ruling
- Obtain a certified copy of the judgment with the “passaggio in giudicato” seal
- Register the final judgment in the Italian “comune” (municipality) where your ancestor was born
- Register your birth certificate (and other personal vital records)
- If you reside abroad, register with the A.I.R.E
- Apply for a passport
Below is our podcast about the topic, but if you need further clarifications or would like a free eligibility assessment to determine whether you are eligible to apply for Italian citizenship, do not hesitate to contact us at [email protected]. We will be more than happy to help you!
