Let’s see the rules for transmission of citizenship

Introduction

Italian Citizenship by Descent, also known as Jure Sanguinis or Sanguine, is a legal provision that allows individuals with Italian ancestors to claim Italian citizenship. It is a unique pathway that enables eligible descendants to connect with their Italian heritage and obtain Italian citizenship based on their familial ties.

Jure Sanguinis operates on the principle of bloodline descent, meaning that individuals can acquire Italian citizenship through their parents, grandparents, or even great-grandparents, as long as the lineage remains unbroken and meets certain criteria. This process recognizes the enduring bond between generations and offers an opportunity for individuals to embrace their Italian identity.

In this article, we will delve into the intricacies of Italian Citizenship by Descent (Jure Sanguinis) and provide valuable insights into the eligibility criteria, required documents, and steps involved in pursuing Italian citizenship through ancestral connections. Whether you are exploring your Italian heritage or considering applying for Italian citizenship, this comprehensive resource aims to assist you on your journey to reclaiming your Italian roots and embracing the privileges of Italian citizenship.

Benefits of obtaining Dual Italian Citizenship

Obtaining Italian citizenship through Jure Sanguinis can have various benefits. It grants individuals the right to live, work, and study in Italy, as well as within the European Union. Italian citizenship also provides access to free healthcare, social services, and the ability to participate fully in the economic and cultural life of Italy, giving you the right to vote, for example at the national and local, if you reside in Italy, elections.

Eligibility

In order to establish if you are entitled to italian citizenship, it is necessary to provide evidence that citizenship was passed down from your Italian-born ancestor to you.

It’s important to note that until August 15, 1992, Italian citizenship was exclusive. This means that individuals who voluntarily acquired citizenship from another country automatically renounced their Italian citizenship, if they were originally born with Italian citizenship. However, children born to Italian citizens in countries that follow the principle of jus soli, such as the United States, obtained foreign citizenship involuntarily due to their place of birth. As a result, these children can pursue Italian citizenship by descent if they can demonstrate that their Italian-born ancestor was an Italian citizen at the time of their birth. Once they obtain Italian citizenship, they can then pass it on to their children, grandchildren, and so on, as long as there are no interruptions in the lineage.

To understand Italian Citizenship Jure Sanguinis and its eligibility requirements, it is crucial to be aware of some key points. Prior to 17 March 1861, Italy did not exist as a unified nation, and therefore, there were no Italian citizens at that time. Consequently, when applying for jus sanguinis citizenship, the oldest Italian ancestor in your lineage must have been alive on or after this significant date.

In the case of children born to an Italian citizen parent (or a parent who also has the right to Italian citizenship through jus sanguinis), they are generally considered Italian citizens from birth. However, there are a few considerations to keep in mind. Let’s see the most important ones:

1. Parent’s Citizenship: A child is eligible if they are born to an Italian citizen parent or a parent who has the right to Italian citizenship through Jure Sanguinis. For children born before August 16, 1992, the Italian parent must not have acquired another citizenship through naturalization at the time of the child’s birth.
2. Female Ancestors: When tracing lineage through an Italian-born female ancestor or intermediate ascendant, the child must have been born on or after January 1, 1948. It’s worth noting that this requirement has been challenged in court in Italy. However, for the purpose of granting Italian citizenship, municipal and consular officials adhere to this restriction.
3. Naturalization of Ancestors: Ancestors who naturalized before June 14, 1912, cannot transmit Italian citizenship, even to children born prior to their naturalization. This rule is enforced by all Italian consulates.
4. Renunciation of Italian Citizenship: It is crucial that the child has not renounced Italian citizenship before giving birth to his-next-in-line in your family tree. Renunciation occurs if the child naturalizes as a citizen of another country as an adult, before August 15, 1992.

While there is no generational limit to claiming Italian citizenship through Jure Sanguinis, there is a critical requirement related to the date of March 17, 1861. The ancestor who immigrated from Italy must have passed away in the Italian Peninsula or abroad after this date, as specified by the Italian Ministry of Interior. An individual who died before March 17, 1861, was not considered a Citizen of Italy since it was prior to the birth of Italy as a Nation, and therefore, they could not transfer Italian citizenship.

What happens if you’re not eligible for Italian citizenship?

For individuals of Italian descent who do not qualify for Italian citizenship jure sanguinis due, for example, to their ancestors naturalizing before having children, there is no need do despair.

There are several alternative routes tha you can take to make your dreams to live in Italy or reconnect with your roots. For example, the elective residence visa represents an alternative pathway to residency and potential citizenship. This type of visa provides a renewable residence permit for up to 5 years for individuals who can demonstrate sufficient financial resources and intent to reside in Italy.

The elective residence visa application requires documents such as passport, birth certificate, health insurance, proof of income/assets, and processing fees. While eligibility criteria must still be met, the process avoids the often difficult or impossible task of documenting an unbroken chain of Italian citizenship back to Italy-born ancestors.

After residing in Italy for 5 years on an elective residence permit, individuals can apply for Italian permanent residence (so called “carta di soggiorno”). Once permanent residence is granted, they may apply for naturalization and Italian citizenship after only 5 years of legal residence. Therefore, the elective residence visa coupled with permanent residence provides a 10 year route to citizenship without requiring Italian ancestry at all. This makes it an option worth exploring for those of Italian origin who cannot conclusively establish their citizenship bloodline, or, rather, for those who feel to be Italians regardelss of their origins, and therefore want to make Italy their elective motherland.

Importance of thorough research and documentation

Therefore, navigating the complexities of Jure Sanguinis and gathering the required documentation can be a daunting task. It often involves meticulous research, genealogical investigations, and understanding the specific eligibility requirements established by Italian law. Seeking guidance from professionals well-versed in Italian citizenship matters can greatly streamline the application process and ensure a higher likelihood of success.

Before embarking on the journey to determine your eligibility for Italian citizenship jure sanguinis, it is essential to consider the following key points:

1. Birth dates of Direct Line Relatives: To establish your eligibility, you will need to know the birth dates of all your direct line relatives connecting you to your Italian ancestor. While exact dates are preferred, having the year of birth is generally sufficient at this stage.
2. Naturalization Date of Ancestor: It is crucial to determine the date when your Italian ancestor became a naturalized citizen of your current country. This information helps establish the eligibility timeline for your application.
3. Implications for Current Citizenship: Before initiating the process of obtaining dual citizenship, it is important to understand how acquiring Italian citizenship may impact your existing citizenship(s). To clarify this, it is advisable to reach out to the nearest Italian authority or consult the nationality laws of the country or countries in which you currently hold citizenship. For example, under Italian Law. any Italian citizen acquiring another citizenship would cause the loss of the Italian one until 1992!

By considering these factors, you can gather the necessary information and evaluate the potential implications of pursuing Italian citizenship jure sanguinis. This will help you make informed decisions and navigate the application process more effectively. 

The Application Process

If you are interested in acquiring an Italian citizenship through your lineage, there are three main pathways to consider.

Applying at the Italian Consulate:

For many years, applying at the Italian Consulate has been the traditional and widely recognized method for filing an Italian citizenship application based on descent. This approach follows the historical standard and is suitable for individuals who meet the eligibility criteria outlined above and in particular for individuals, such as U.S. residents, who are unable to relocate to Italy for an extended period to become Italian residents. The application process is carried out through the Italian Consulate, which serves as the representative office of the Italian Government abroad.

When searching for information on how to obtain italian citizenship through descent, the Consulate’s websites are frequently the go-to resource. This is especially relevant for those seeking Italian Citizenship Jure Sanguinis, as the Consular websites often provide relevant information on the application process.

However, it is important to note that while the Consulate is a key authority on Italian citizenship applications, they are not the only voice to listen, as you may have already found reading this article.

Apply at an Italian Municipality

In addition to the Consulate option, another common approach to acquiring dual citizenship in Italy is through the Italian Municipality, also known as the Comune. However, this option is limited to individuals who are already (or becom just for the purpose of getting the citizenship) Italian residents.

Typically, this method is preferred by those who have been living in Italy for an extended period and wish to obtain either dual citizenship or solely Italian citizenship. Italian Citizenship Law mandates a minimum residency requirement of 10 years in Italy for naturalization as an Italian citizen through the application process known as Italian Citizenship by Naturalization.

Nevertheless, foreign individuals who specifically relocate to Italy with the purpose of pursuing Citizenship can also choose the Municipality option. In this case, non-Italian individuals establish their residency in Italy and then submit their Citizenship application at the Comune.

Opting for the Municipality route can be a favorable choice when seeking dual citizenship in Italy, as the waiting times for the Italian Citizenship Application can be shorter, often ranging between 2 and 8 months, depending how fast the relevant Consulates answers to the request of information sent by the local Municipality.

Applying at the Italian Court

Under specific circumstances, an alternative and potentially expedited route to obtaining Italian dual citizenship by descent is through applying at the Italian Court. This relatively new option provides a faster process for eligible individuals seeking to acquire Italian citizenship. Although the specific criteria for this approach may vary, it offers an alternative avenue for those who may not meet the requirements set by the Consulate or are seeking a more streamlined process.

There are several circumstances in which individuals are entitled to obtain citizenship by descent through the Italian Court.

a) Difficulties booking appointments at the Italian Consulate or long waiting times:

In situations where it is impossible to secure appointments at the Italian Consulate or if the waiting time exceeds two years, individuals have the option to submit their citizenship application through the Italian Court. This process can be completed by granting power of attorney to an Italian citizenship lawyer, eliminating the need to travel to Italy.

For instance, if an individual has gathered all the required documents for their citizenship application but discovers that booking appointments at the Consular office is currently not possible due to closures or suspensions or weird procedures and requirements almost impossible to meet, they can exercise their right to claim Italian citizenship by filling out an application through the Italian Court.

b) Appeal against the rejection of an Italian citizenship application

This applies to both citizenship jus sanguine and other types of Italian citizenship applications. If an application for Italian citizenship, whether Jure Sanguinis or not, has been rejected, individuals have the right to appeal the decision at the Italian Court.

c)  1948 cases

In cases where individuals fall under the Italian Citizenship 1948 Rule, they must apply at the Italian Court as it is the only viable path to obtain dual citizenship in Italy. These cases specifically pertain to citizenship by descent and involve determining whether a female ancestor gave birth before or after 1948, when the Italian Constitution was introduced, granting women the right to pass on Italian citizenship, just like men.

To apply for a 1948 Italian citizenship case, the applicant must gather information about all ancestors, particularly Italian ones, such as grandparents and great-grandparents. Once eligibility is established under the 1948 Italian Citizenship rule, the necessary documents are prepared, including legalizations and translations, and the application is submitted directly to the Italian Court.

It’s important to note that the 1948 Italian Citizenship path can often be shorter and less difficult compared to the Italian Consulate path. Many applications have been successfully processed under the 1948 Italian Citizenship Rule since 2009, with an average wait time of around one year, which is generally faster than the Consulate application process.

In conclusion, exploring the options of obtaining dual citizenship in Italy through the Italian Court offers a viable and potentially expedited path, particularly for individuals seeking Italian citizenship by descent under the Jure Sanguinis Italy rule or those involved in 1948 Italian citizenship cases. Seeking professional guidance can ensure a smoother application process and increase the chances of a successful outcome.

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