Applying via an Italian consulate
Once you have gathered, legalized and translated all the required vital records, you are able to submit your application at the Italian consulate that has jurisdiction where you live (a list of consulates in the U.S. can be found here). You will need to first register with the online booking system, prenotami (availble on the consulate’s website), and once your account has been confirmed you can book an appointment for citizenship by descent.
Consulate appointment waiting times in the U.S. can be between 12-18 months, with some exceptions: waiting periods vary, depending on the consulate and how many applications they are processing.
Some consulates allow applications via mail, in which case the application and all the supporting documents must be mailed to the consulate on the day of the appointment. Other consulates conduct short interviews over the phone, and ask applicants to send their application electronically, followed by mailing their “citizenship kits” once their online submission has been assessed. Be sure to always check the specific requirements of the consulate through which you will apply to make sure of the modality in which the application is to be submitted. Upon submission of the application, if there are discrepancies the consulate may request more information, which could delay the process. By law, consulates have up to 24 months to process an application for Italian citizenship by descent.
For those residing in Europe, submitting an application at an Italian consulate within Europe is generally a quicker process compared to its U.S. counterparts because these consulates serve a population with a lower number of residents who are eligible for Italian citizenship. The same applies to other Italian consulates in other countries around the world with a lower population of individuals of Italian descent.
Additionally, Italian consulates in Europe tend to require fewer documents, which reduces the duration of the process. The only stipulation is that you must be a citizen or a legal resident of the country within which you want to apply via a consulate from within Europe.
“Diffida”
If a consulate fails to comply with the legal timeframes set forth, and no outcome is provided within 24 months from the submission of the application, one of the legal remedies is to send a “diffida”, which is a formal legal request for the conclusion of the process. Although you can write this yourself, it is advisable to use an attorney to act on your behalf, as it is generally more effective. Some consulates ask that the attorney has been assigned with official “power of attorney”, so always confirm before sending.
The attorney must be admitted to practice law in Italy and will compose the diffida, in which the following points are addressed: an outline of your case and information about your application (including the applicant’s personal information, the date of submission of the application, and the case number), a timeframe by which you want the application to be processed, and an outcome provided, usually 10 days. Also contained within a diffida will be legal references, such as relevant laws and recent Italian case-law, personal and contact information of the attorney. It is also important to list the occasions whereby you have made attempts to contact the consulate, which supports that you have utilized and exhausted all efforts and means of communication, and you have no other choice but to take this course of action.
The diffida will request a conclusion of the process, and although it asks for an amicable settlement outside of the court arena, it also contains within it the right of the person to take legal action if the consulate fails to provide a conclusion within a set timeframe.
Consulates, in general, will process an application immediately after receiving a diffida, to avoid legal action, and therefore they are highly effective. A consulate will inform you if your application has been approved or denied. In order to send a diffida, be aware that an email has no legal value, and so the option is to send it either by recorded delivery, with a register of receipt, or with the official pack, or via a certified email (“PEC”).
A diffida can also be employed in cases relating to citizenship by marriage applications. The process for Italian citizenship by marriage applications is different from citizenship by descent applications. There are two stages of the process: the online submission of the application plus required documents, and, once approved, an appointment at the Italian consulate (if abroad) or at the local prefettura (prefecture) if in Italy. The time by lay allowed for the processing of these application is 24 months, which can be extended to 36 months. If a consulate fails to provide you with an outcome of your application you can follow the same course of action detailed above.
Application processing times if applying in Italy
Submitting an application in Italy is generally a faster process than applying through an Italian consulate, but it requires being in Italy and establishing legal residency while you complete your application. In Italy, the duration tends to be between 6-12 months, and with this considered it is necessary to secure residency (ICA provides support in the area of securing accommodation). Once you have gathered and collated your vital records, you will need to become a resident in the Italian municipality (comune) where you will submit your application. Upon arrival in Italy, you will have to submit a dichiarazione di presenza (declaration of presence). You must also attend the local immigration office within 8 days of your arrival. You will need to obtain an Italian tax code (codice fiscale) from the local agenzia delle entrate (Italian tax office). You will need to provide the municipality with proof of your residency (e.g. lease agreement or property deed), and the local police will verify that you reside there within 45 days from your residency application.
Once your residency status has been verified, you can file an application via the citizenship office in the town hall and provide them with all of your vital records. Applications must be made in person. Many municipalities operate a walk-in service, which means you can attend an appointment the day you go, others will require that you schedule an appointment. Be sure to check the instructions of the municipality that is relevant to you.
In terms of documents, in Italy, only the vital records of family members who are in your direct line are required, and municipalities (comuni) tend to be less scrutinous of documents, translations and certifications, providing they are without discrepancies.
Finally, once you make an application in Italy, the residency permit allows you to stay as long as your process takes, without Schengen restrictions (90-day limit for non-EU citizens) applying to you.
On average it takes a few months for your application to be processed, but will vary depending on the municipality. In the event that your application comes to a standstill, which can happen if checks carried out by the municipality, which involves contacting consulates in the U.S., and the municipality where your ancestor was born, to ensure that none of your ascendants ever renounced their Italian citizenship, you have the option to hire an attorney to act on your behalf. An attorney can contact both the municipality of birth of your Italian ancestor and consulates to request a response, and this is a very effective strategy in moving the process along.
Processing times via an Italian court
If you are filing a 1948 Case you must apply via a court in Italy. Cases must be filed at the court that has jurisdiction where the Italian ancestor of the applicant was born. Your presence is not required, and you can sign a power of attorney to enable them to represent you (our ICA attorneys can represent you before any Italian court). A judge is assigned to the case and a hearing scheduled. How long you wait for a hearing will depend of the availability of the judge, but it tends to be 6-12 months. During the hearing, the judge will examine the applicant’s vital records, and if no discrepancies are found, the judge will rule to either grant or deny the claim to citizenship. Alternatively, a ruling could be made between 1 and 6 weeks from that day, or a second hearing may be arranged. It will take 60 days for the judge’s decision to become final, which means it is no longer subject to appeal. Then a certified copy of the final judgment is sent to the Italian municipality of birth of the ancestor to be registered, and you are also registered with the A.I.R.E.
Filing a motion to obtain an early hearing
The surge of citizenship cases resulted in many courts increasing their waiting times for hearings, which created a backlog of cases in certain jurisdictions. The law states that waiting and processing times should not go beyond 24 months, and therefore if you are not able to obtain a hearing or a ruling within that timeframe, and if you have documented reasons for urgency, you can file a motion to obtain an early hearing. This motion must be submitted with evidence to support the request. For example, if you need to be granted citizenship in order to assume a job role that requires being an Italian/EU citizen, or if you must be in the country to receive medical treatment. In these cases, a motion may be filed to the court which will grant or deny the request for an earlier hearing.
If you would like to know more about applying for Italian citizenship, you can visit our homepage, or contact us directly, and one of our friendly experts will be in touch.
