Are you entitled to Italian citizenship by descent? Do you intend to apply for your Italian citizenship by descent? If your answer is yes, this article is for you. Let’s get to the article!
Italian citizenship by descent
Italian citizenship by descent, jus sanguinis is based on the principle of the right of blood. This means that Italian immigrant sons and daughters are entitled to citizenship regardless of the country of birth.
The law that allows descendants of Italians to be Italian citizens is Legge 91 of 1992.
The remote kinship with the Italian “antenatto” does not prevent the transmission of citizenship, because there is no limit of generations.
You don’t need to have the Italian surname to be eligible for citizenship. The important thing is that his “Antenate” was born in Italy.
Breach of the right to Italian citizenship
Italian law establishes specific criteria for determining who is entitled to apply for Italian citizenship.
This means that even if you are of Italian descent, there may be situations that break your right to citizenship.
The following are some examples of failures in the process of obtaining Italian citizenship.
1. Lack of necessary documentation:
To apply for Italian citizenship it is necessary to provide a series of documents proving descent.
These documents are:
Your birth certificate and that of your ancestors;
Your marriage certificate is from your ancestors
Dante Causa’s Certificate of Non-Naturalization.
It is essential to obtain all the documents determined by the Italian bodies. The lack of one of these documents can be seen as a breach of the transmission of citizenship.
2. Rules on naturalization:
In some cases, the ancestor became naturalized as a citizen of another country. This will be a problem if it happens before the birth of your offspring. As a result, the transmission of Italian citizenship may have been interrupted.
This issue can be complex and requires detailed analysis of applicable laws.
3. Dante causes birth during Austro-Hungarian Empire:
If your antenna originates from Trento or a nearby region, you should analyze your situation with caution.
This is because, if his dante causa immigrated to Brazil before 16.07.1920 he did so as an Austro-Hungarian citizen. So he wasn’t Italian.
4. Maternal line:
Italian citizenship can be transmitted by both the paternal and maternal line. However, there is one exception:
Under Italian law, a woman only transmits citizenship to a child born after January 1, 1948.
Before that date, only men transmitted citizenship.
However, the judicial request makes it possible to recognize Italian citizenship through the mother.
Where to recognize the right to Italian citizenship
After you confirm your right to citizenship, your next step is to define where you will enter the application for recognition of Italian citizenship:
At the Italian consulate of the jurisdiction of your city of residence
Directly in Italy (but it is necessary that you live in Italy during the period of the process).
Or by judicial means
Application for citizenship by judicial means
It is possible to apply for citizenship through the courts for two reasons:
Italian citizenship Via Judicial Materna – when there is a woman in the line of descent and her child was born before 1948.
Italian citizenship against the consulate queue– When the waiting time in the queue at the consulates exceeds 730 days.
To apply for Italian citizenship through the courts, you will need to hire a lawyer who specializes in this area, who will assist you in the legal process. Here are the general steps involved in this procedure:
1-Find a specialized lawyer: Research and contact lawyers who have experience in Italian citizenship processes through the courts. They will be responsible for representing you before the court and guiding you through the entire process.
2-Gather documentation: Prepare all the necessary documents to prove your link with an Italian ancestor. This can include birth, marriage, and death certificates of all relatives that prove the line of descent to the Italian ancestor, as well as documents that show your direct relationship to that ancestor, such as birth, marriage, and naturalization certificates.
3-Start the judicial process: The lawyer will file a lawsuit to apply for your Italian citizenship. This process is usually based on the interpretation of Italian law and international treaties.
4-Follow the process: During the judicial process, you will need to follow the steps and provide any additional information requested by the court. Your attorney will be responsible for handling the legal proceedings and representing you appropriately.
5-Judicial decision: After the analysis of the process, the court will make a decision on your application for Italian citizenship. If the decision is favorable, you will receive a sentence recognizing your citizenship.
6-Civil registration: With the favorable court ruling, it will be necessary to register at the Italian consulate or the nearest embassy to obtain official recognition of your Italian citizenship. The civil registration process varies depending on the country and specific consulate.
Remember that the process of Italian citizenship by judicial means can be complex and time-consuming. Each case is unique, and requirements and procedures may vary by jurisdiction. It is highly recommended to seek the assistance of an expert lawyer to properly guide you throughout the process.
I hope the article on the right to be an Italian citizen by descent is satisfactory. However, don’t hesitate to contact Casamia if you still need help.
Thank you for reading this article!
Vocabulary:
1-“Antenato”- Italian word meaning ancestor. In the popular language of Italian citizenship, the word “Antenato” refers to the “Dante Causa”.
. 2-Family tree – Presents the family ancestral history. Representation of individuals who belong to a family.
3-Dante Causa – “He who gives the cause”. Family tree individuals considered the first to transmit citizenship. One who is born in Italy and migrates to another country.
4-Jure Sanguinis – right of blood – It is the legal term that indicates that the person will have the nationality of the parents.
5-Jus Soli – legal term derived from Latin meaning right of soil. That is, the nationality will be assigned according to the place, territory in which the person was born.
