The Citizenship can be passed by a woman – even before 1948
If you are applying for Italian Dual Citizenship Jure Sanguini through your “female” line, you may fall in the category of those born to an Italian female ancestor before 1948 (so called “1948 case”). If so, the path to claim italian citizenship can be overwhelming and confusing. There are numerous eligibility requirements and documents that need to be analysied in order to successfully apply for citizenship.
In this blog post, we’ll take a step-by-step look at the entire process of becoming an Italian citizen. We’ll provide all the information you need in order to prepare your application, including what documents are required, how long the process takes, and more. By understanding each step of the journey ahead of time, you’ll find it much easier to obtain your Italian dual Citizenship!
If you prefer watching a video rather than reading our post, this video has been made just for you. Otherwise, keep reading!
Overview of Italian Citizenship by Descent – 1948 cases
Italy is a country filled with history, stunning landscapes, and delicious cuisine. What could be better than claiming that country as your own? For those who have Italian ancestors, applying for dual citizenship might be the perfect opportunity to discover their roots and connect with their heritage. And the good news is, it’s never too late to become an Italian citizen! Thanks to the so-called “1948 rule,” individuals who were denied citizenship in the past due to gender discrimination can now claim their citizenship through their maternal line. But there’s more to it than just emotions and nostalgia: dual citizenship also comes with many practical advantages, such as visa-free travel in the European Union, access to the Italian healthcare system, and the ability to work and live in Italy without any restrictions.
Understanding the 1948 Rule: Why is it so important?
The year 1948 proved to be a game-changer for Italian women as it brought about a significant change in their citizenship status. Prior to this, Italian women faced severe discrimination due to the 1912 Italian law on citizenship, which deemed them ineligible to pass on their nationality to their children. This meant that their offspring were bereft of any citizenship rights. However, with the introduction of the Italian Constitution on 1st January 1948, women were given equal rights as men. The Italian Constitution of 1948 opened many doors and provided opportunities for Italian women to be treated as equals, a long-overdue change.
Why the 1948 rule is so important?
Knowing about the 1948 Rule is crucial because it can significantly impact your eligibility for Italian citizenship. If you have Italian heritage that includes both male and female ancestors, it’s important to research your family tree thoroughly to determine whether you fall under this category. If you do, and you are not aware of it, your application for citizenship will be denied by the Italian Consulate. It’s important to understand the intricacies of this specific case to avoid any potential setbacks down the line and ensure you can successfully obtain Italian citizenship. So, if you’re planning on applying for citizenship, make sure you research thoroughly and educate yourself on the Italian 1948 Rule.
So what is exactly a “Italian Citizenship 1948 Case”?
This case refers to a unique situation for applying for Italian Dual Citizenship through your Italian ancestors (or “jure sanguinis”). This special case arises when you discover a woman in your family tree who had a child before 1948. In such instances, she can pass on Italian citizenship to her child, but its recognition can only be granted by an Italian Judge rather than the Italian Consulate. This means that you will need to go through a more complex process to attain recognition of your Italian heritage. Nonetheless, if you meet the requirements and complete the necessary steps, you can finally obtain dual citizenship and enjoy all the benefits that come with it.
History of the Italian Citizenship 1948 case
Italian laws on citizenship have gone through several changes over the years. One of the most important and influential changes is the 1948 case, which has become a hot topic among Italian-Americans. If you are an American citizen trying to obtain dual citizenship, understanding the history behind this case is crucial.
The Italian Constitution and its impact on Citizenship Law of 1912
The 1948 case revolves around the Constitution of Italy, which was first put into effect in 1948. This constitution resulted in several changes to Italy’s laws, including its citizenship ones .
Indeed, the Law of 1912 allowed citizenship to be passed down through the paternal bloodline only. In other words, men were the only ones allowed to pass down Italian citizenship to their children (whether they were born in or out of the country).
This meant that children born to an Italian mother and a foreign father wouldn’t be granted Italian citizenship. This changed with the introduction of the new Italian Constitution, wich promoted equal rights between men and women.
Therefore, since January 1st, 1948, date of indroduction of the Italian Contitution, Italian women can transmit Citizenship to their children but only to the children born after that date.
The discriminatory citizenship Law of 1912 was repealed only in 1992 by the new citizenship law. Nevertheless the 1992 law did not have a retroactive effect on granting citizenship to the descendants of those Italian women married to foreign citizens before 1948. This has led to many discussions and controversies regarding dual citizenship for this category of descendants, for many years.
Italian Dual Citizenship Applicants Begin to Challenge in Italian Courts
Applicants who cite an Italian female ancestor giving birth before 1948 as the basis for their citizenship application will face rejection from Italian consulates. However, there have been numerous cases where applicants have challenged this rejection in court and have obtained the citizenship due to a broader interpretation of laws and human rights. In 2009, a citizzenship applicant challenged this discriminatory situation in court, and the judges ruled that female ancestors could pass on the citizenship to their children retroactively to the date of the 1948 Constitution. Italian legal precedents are quite clear, and this rule has been applied in many cases since then.
This landmark ruling challenged the Law of 1912 and paved the way for changes in citizenship applications, specifically from a primarily paternal system to a more gender-neutral one. Eventually, this change made an impact on many families, both in Italy and all over the world.
As a result of the 1948 case, Italian women were granted the right to pass on citizenship to their children, regardless of their marital status. This ruling also had an impact on the sons and daughters of Italian immigrants who had relocated to other countries. Many had been excluded from the right to Italian citizenship due to the old law, but the 1948 case opened up a new way for them to gain citizenship and reconnect with their Italian heritage.
In conclusion, the 1948 case is a significant episode in Italian history. The story of a brave woman fighting for her rights and the success that followed have made an impact on Italian laws. The case demonstrates the power of the law and its ability to change people’s lives and open doors for future generations. If you are an American client of an Italian law firm, this history is something valuable for you to know. The case is an example of how laws can work for the betterment of people, and it will continue to be an inspiration for generations to come.
Applying for Italian Citizenship, with a 1948 case
If you fall under the 1948 Rule, you should not to apply at the Italian Consulate, as your application will be denied.
Instead, for getting the Citizenship through your grandmother line, you need to submit your application to an Italian Court.
There are no alternative methods available for this process. The appropriate channel for applying for Citizenship in such case is through the Court.
The Italian Court in Rome
Until 2022, the Court of Rome served as the competent authority for individuals residing abroad. Therefore, to pursue Italian Dual Citizenship, it was necessary to apply, until 2022, at the Court in Rome. This requirement applies specifically to cases falling under the 1948 provision. However, after June 2022, the applications will be processed through the new Immigration Courts, as explained below.
Indeed a new rule has come into effect as of June 2022, which applies to 1948 cases of Citizenship, as well as all other Citizenship applications processed through the Italian Tribunal. For the 1948 cases, you can now apply through the local Immigration Court based on the birth municipality of your Italian ancestor. This new rule was introduced by Law 26 November 2021, n. 206, specifically in Article 1, Paragraph 37.
According to the new rule, when the plaintiff resides abroad, disputes regarding the ascertainment of Italian Citizenship status will be assigned based on the municipality of birth of the father, mother, or ancestor of Italian citizens. These provisions apply to proceedings initiated 180 days after the entry into force of this law.
As a result, the traditional route of applying through the Court of Rome for Citizenship will no longer be applicable for all cases. This change may also offer potential benefits to new applicants, as the processing time is expected to be shorter compared to previous procedures.
Advantages of applying following the 1948 rule
Seeking Citizenship under the 1948 provision offers potential advantages in terms of processing times, which can be notably shorter compared to applications submitted through the Italian Consulate. This is particularly relevant given the current closure of most Italian Consulates, making it impossible to secure appointments for Citizenship.
The popularity of Citizenship cases falling under the 1948 provision has been increasing. More individuals have become aware of their eligibility to apply for Citizenship following the 1948 rule since 2009, when the first 1948 Citizenship Case was successfully filed at the Tribunal of Rome. Initially rejected by the Italian Consulate, the applicant pursued an appeal, resulting in a favorable outcome.
Risks of applications via Italian Courts
Even though application through the Italian Courts have in most cases a positive outcome (e.g. the italian citizenship is recognised) the 100% success rate cannot be guaranteed by anyone, because each case is always different from the other and because in the Italian judicial system the judge is always free to interpret the law as he deems reasonable.
This of course may lead to possibly surprising rulings. A minority of judges from the court of Rome, for example, rejected some cases where the ancestor became naturalized while the child was still underage.
This is, in our opinion a mistaken interpretation of the current Italian citizenship law, which states the basic principle that any Italian citizen pass on the citizenship to his children.
However, one must not get discouraged by such negative rulings, because the majority of Court of Rome judges correctly apply thie basic citizenship principle in their decision.
Also, consider that these cases can be appealed before the Court of Appeal which will probaly overturn the decision of the lower Court. Furthermore, after the new law of June 2022 the court of Rome has not exclusive jurisdiction anymore to deal with citizenship cases as you nees to apply to the local Immigration Court, based on where your Italian ancestor was born.
Submitting Your Application and Supporting Documents
This section will provide a comprehensive understanding of the process involved in applying for a 1948 Citizenship case, including the necessary requirements and key steps to be followed.
1. Conduct Thorough Research
Prior to commencing the application process, it is crucial to diligently assess one’s eligibility for Italian Citizenship under the 1948 provision. This entails determining whether Citizenship can be acquired through the maternal line or through a female ancestor in the Italian bloodline. The significance of this preliminary step should not be underestimated.
Understanding the uniqueness of the lineage is of utmost importance. For instance, if the application is based on the grandmother or great-grandmother, it is vital to ensure that it unequivocally falls under the criteria specified by the 1948 Citizenship case. It should be noted that the 1948 rule constitutes a distinctive and exceptional circumstance, applicable only when there are no other available avenues for obtaining Citizenship.
Suppose, for example, that there are two distinct eligible lines. The first line originates from the mother’s side, involving the maternal grandfather, the maternal father, and the applicant. In this case, the maternal grandfather never renounced his Italian Citizenship. The second line pertains to the paternal side, encompassing the paternal grandmother, the father, and the applicant. The paternal grandmother, similarly, never renounced her Citizenship.
It is possible to be eligible for Citizenship by Descent through both lines, which is favorable. However, it is important to exercise caution. The first line represents an ordinary case that can be pursued through the Italian Consulate, while the second line corresponds to a 1948 Citizenship case.
It is essential to recognize that individuals cannot choose their preferred lineage in this scenario. If eligibility exists across multiple lines, the Italian Citizenship Laws dictate the appropriate course of action, leading to the selection of the first line. It is crucial to emphasize that the 1948 Rule does not stem from the Citizenship Law itself; rather, it originated from Italian Jurisprudence in 2009. While the 1948 Cases established by Italian Courts hold validity, they are applicable only when alternative options for Italian Citizenship are unavailable.
Individuals may opt for the 1948 route under specific circumstances, such as when the other line is ineligible, lacking records, or presenting obstacles that hinder application submission. Notably, instances of denial based on this choice are rare. Consequently, selecting a 1948 case as the primary choice is acceptable. However, from a legal standpoint, potential challenges may arise, with opposing arguments potentially being made.
Please note that this overview provides a general understanding of the process and should not be considered legal advice. It is advisable to consult qualified legal professional, like us, to navigate the complexities of a 1948 Citizenship case effectively.
2: GATHER ALL VITAL RECORDS
Once we have determined the eligibility of your case, it is crucial to accurately gather all pertinent Vital Records and associated documents.
Check this generic document checklist for your reference
List of Required Documents for a 1948 Case:
- Vital Records of Italian ancestors
- Vital Records of the next person in the lineage
- Your own Vital Records
- Vital Records of your children (if applicable)
- Vital Records of the next person in line for your children (if applicable)
It is not uncommon to discover variations in names (first names, surnames, etc.). For example, you may have always referred to your Italian grandfather as “Peter.” However, upon obtaining the Italian Birth Certificates, you discover that his authentic and original name is “PIETRO.” Does this discrepancy jeopardize your Citizenship application?
Short answer is no.
Long answer is that it depends on the complexity of the issue but in most cases it is possible to correct the discrepancies with a few amendements, or Court Orders.
3. Filing the application before the Court.
This is the moment when we can proceed with the submission of your Citizenship 1948 Case at the Italian Court, after ensuring that all documents have been collected and appropriately addressed, if necessary.
There is no need for you to personally travel to Italy. Through the use of a Power of Attorney, we, as your Italian Citizenship lawyers, will handle all necessary procedures on your behalf.
We will initiate the process by submitting the Citizenship application at the Italian Court.
Once your case is registered, a judge will be appointed and assigned to oversee your specific situation. Subsequently, we will notify our Court Appeal at the Italian Ministry of Internal Affairs, ensuring that all necessary parties are informed and involved.
The Hearing takes place at the Court, where the judge will evaluate your 1948 Case and meticulously scrutinize all accompanying documentation. The Hearing serves as an opportunity for the judge to assess the merits of your application and determine its eligibility for Citizenship by descent.
4. The Court Decision
After careful examination of all presented documents, the judge will make a final decision. If everything is in order and meets the requisite criteria, the judge will recognize your rightful claim to Citizenship through descent. Additionally, the judge will issue an order instructing the relevant Italian authorities to acknowledge and affirm your status as an Italian Citizen.
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