Italian Citizenship by Descent

Your Italian Passport

Is getting Italian citizenship your goal? You could already legally be an Italian and apply for an Italian passport and not know it. In order to help clarify some of the key areas, we have organised below some useful information about how you can get Italian citizenship.

It is just general information so if you are facing some legal difficulties related to your Italian citizenship be aware that each individual case has its own peculiarities, depending on different circumstances, and that you might need some professional help. If this is your case, feel free to contact us as we are able to assist you with anything relate to it, both in and out of Court.

Not only you receive bespoke legal advice and step-by-step full assistance in every aspect of the process for receiving you Italian passport, you can also have help if your Italian citizenship application was illegitimately denied or if you have been waiting for a longer time than expected. This is because we are able to defend and represent you in front of the Italian courts, both Civil and Administrative (Tribunale and TAR – Tribunale Amministrativo Regionale).

Furthermore, we deal with Italian Authorities, including the Italian consulates spread all over the world and the Italian town halls (Comuni).

Why Do I Need an Italian Lawyer?

Only an Italian lawyer (“Avvocato”, which is the Italian equivalent of “Attorney”, “Solicitor” and “Barrister”) is allowed to practice Italian law.

Therefore, if you need help with your Italian citizenship application, it is best to consult with someone who is licensed to give you professional legal advice and assistance.

Also Known As Jure Sanguinis

Italian citizenship by descent is also known as Italian citizenship jure sanguinis, which is a Latin expression that means “by right of blood”. In other words, it is determined by having at least one direct ancestor (i.e. parents, grandparents, great-grandparents, etc.) who is a citizen of Italy themselves, regardless of where you were born.

So, if you are a direct descendant of an Italian citizen, you could already be Italian yourself and you just need the Italian State to recognise your Italian citizenship.

Furthermore, you can go back without any limit of generations, as long as you refer back to the ancestor who was born in Italy and then emigrated. Therefore, Italian citizenship is recognised if you are able to prove that you have “Italian blood” by transmission from one of your ancestor.

As a result, you are able to receive your Italian passport with all the consequential benefits it gives, also considering that it is a European passport.

Am I Eligible?

Each situation is different and needs to be properly analysed. However, according to general principles, we can say that you qualify:

Through a Male Ancestor

If your Italian ancestor was still alive on or after March 17th, 1861 (that is when Italy was unified; there were no Italian citizens before that date). If your ancestor emigrated before March 17th, 1861, you might be not entitled to Italian citizenship through descent if the territory from which your ancestor came from did not become part of the Kingdom of Italy.

Through a Female Ancestor

If you were born after January 1st, 1948 (that is when the Italian Constitution came into force). Before that date, according to the Italian Ministry of Interior’s point of view, Italian women were just allowed to hold Italian citizenship, not to pass it on to their children. Nevertheless, even if you were born before January 1st, 1948 you may still qualify for Italian citizenship by ancestry. Have a look at our video interview to know more about the so-called “1948 rule”.

The Transmission Chain – Dates to Check

It is essential to give evidence of your Italian ancestry by providing the competent authorities with the documents which prove the transmission chain, such as birth and marriage certificates. Also, it is very important to prove that the bloodline has not been interrupted. From this viewpoint, the naturalisation of the ancestor in another country is a fundamental aspect to consider.

If your Italian ancestor naturalized:

• Before July 1st, 1912
  They did not transmit the Italian citizenship to their children (unless they were already 21 years old at the moment of the naturalisation), regardless of the fact that the naturalisation was before or after their birth;
• Between July 1st, 1912 and August 15th, 1992
  If their children were born before the naturalisation, Italian citizenship was transmitted and therefore the newborn was Italian jure sanguinis. If their children were born after their naturalisation, the Italian citizenship transmission chain was broken and so the newborn was not Italian jure sanguinis;
• After August 16th, 1992
  Regardless of whether their children were born before or after their naturalization, Italian citizenship is transmitted by blood.

In light of the above, if you wish to get an Italian passport, you need to check, amongst other facts, if and when your ancestor naturalised.

How Do I Apply?

The application for Italian citizenship must be submitted in person either at the competent Italian consulate or town hall (Comune) in Italy, depending on where you reside at the moment of the submission. 

As for the documents that must be collected, the path to dual citizenship is not clear-cut. In general, the relevant documentation includes, as we mentioned above, proof of naturalization (or lack of it) for your emigrating Italian ancestor and all vital records for each generation between you and your Italian ancestor. However, your consulate or town hall, depending on where you currently reside, and therefore where you apply for your Italian citizenship jure sanguinis, may ask for additional documents (the Census record, for instance), so before starting the process we recommend that you get in contact with the relevant Italian public authority. 

Foreign documents must be apostilled and translated into Italian, otherwise, they will not be accepted. Read our FAQs on how to make a foreign certificate legally “acceptable” to Italian Authorities.

If you qualify for Italian citizenship and you do not want to lose the citizenship of the State of which you are already a citizen, you should check if the legislation of that State recognizes dual citizenship.

The current Italian legislation recognises the right to hold more than one citizenship simultaneously unless otherwise provided for by international agreements. There are exceptions to this. One of the expection has to do with some parts of Italy that do not belong to the Italian State today, meaning immigrants from there cannot obtain Italian citizenship in some circumstances.

Each case, of course, has its own peculiarities so it is wise to consult an experienced Italian citizenship attorney if you believe that you are eligible for Italian citizenship.

I Have Children. Will They Be Considered Italians as Well Once My Italian Citizenship Is Formally Recognised?

It depends on whether they are minors or not.

If they are under 18 years old, they will be recognised citizens of Italy upon their parents’ positively determined Italian citizenship jure sanguinis application. If, on the contrary, they are 18 years old or over, they will have to submit their own application.

The distinction between underage children and children in their legal age is also made in other cases related to Italian citizenship:

• Acquisition or re-acquisition of Italian citizenship
  Children under 18 years old whose parents have acquired or re-acquired Italian citizenship are granted it themselves automatically, while children in their legal age are required to reside in Italy at least 5 years without interruption.
• Italian citizenship by adoption
  Children under 18 years old who are adopted by Italians are recognised Italians themselves, while children in their legal age are required to reside in Italy at least 5 years without interruption.
• Italian citizenship by recognition or judicial statement of descent
  Children who are recognised in their underage acquire Italian citizenship automatically and retroactively from the date of their birth, while children who are recognised after they turn 18 years old are given the chance to opt for Italian citizenship within 1 year from the recognition or the judicial statement.

What If My Italian Ancestor Lost or Renounced Their Italian Citizenship Prior to My Birth?

In the event your Italian ancestor lost or renounced their Italian citizenship before the birth of their children, you would not be entitled to the recognition of Italian citizenship by descent. Nevertheless, you may still be able to become a citizen of Italy, provided that specific requirements are met. 

In particular, if your parent or grandparent was a former Italian citizen, you may be granted Italian citizenship if:

• you serve the Italian State in the military and preventively declare that you want to acquire Italian citizenship;
• if you serve the Italian State with a public office, also abroad, and you declare that you want to acquire Italian citizenship;
• if when you are the legal age (i.e. 18 years old) you have resided in Italy for at least 2 years and you declare that you want to acquire Italian citizenship within  1 year from your legal age;
• if you reside in Italy for at least 3 three years uninterruptedly.

Can Other Family Members Apply Using the Same Set of Original Documents?

Usually, yes. People belonging to the same family and consequently sharing the same lineage can apply for the recognition of Italian citizenship jure sanguinis by using the same set of original documents. For this to be possible, however, all the applicants must apply to the same Italian Consulate or to the same Italian Town Hall, depending on where they reside at the time of the submission of the application (if abroad or in Italy).  

Still, there are some exceptions. Indeed, some Consulates or Town Halls require that each applicant uses their own set of original documents, regardless of whether they belong to the same family or not. So, we suggest that you contact the authority relevant for your case before proceeding.

Appointment With the Consulate

How Do I Book an Appointment at the Consulate?

Some of the appointments at the consulate can only be booked through the “Prenota Online” system, which can be found in each consulate’s website. This is the case for example of Italian citizenship iure sanguinis (but not through marriage where the appointment is given to you by the consulate directly).

Please note that if this is the only way to book an appointment, no request of appointments via email or phone will be, in any circumstance, accepted by the consulate. So, contacting consulates directly will give you no result in this regard because it is an automatic system on which they have no control.

Beware of any persons, agencies and websites that offer to book an appointment on your behalf under a fee.

The majority of our clients faces difficulties in scheduling an appointment since, as they log in all dates are already booked and therefore not available.

Just as a reminder, the dates in the system are written in the Italian format day/month/year.

The system works in a way that automatically releases new dates. It is advisable to check whether on the relevant consulate’s website there is the information about when new dates are released.

If, for example, the system releases new appointments at 6 pm sharp, it means that you have to be connected a few minutes before this time. Next, closer to 6 pm keep refreshing the page until you see the following date becoming green which means available (or orange if someone else was quicker and so the availability is getting less). You click on the green date, then it asks you to choose the time slot, you click on it and then it asks you to put the verification code shown.

The code is a CAPTCHA (Completely Automated Public Turing test to tell the Computers and Humans Apart). Sometimes the code to insert might be tricky and in case you cannot fully understand the characters you have the possibility to change it. Be aware that the characters have to be exactly as in the image, so you should mind if they are capital letters or not. Fill it as quickly as possible and then confirm. 

A few seconds after 6 pm all dates are red again and therefore there is no more availability for that day.

A suggestion we could make, which was successful for the majority of our clients, is to book the appointment with two people on a desktop computer or laptop (therefore not with a tablet or with a phone): one in charge of refreshing the page and the other one in charge of clicking the booking.

Sometimes availability happens out of the hours of new releases and this is when dates are freed as a result of cancellations.

When you are able to book the appointment you receive an email with the confirmation and then within 10 days (but no later than 3 days), before the day of the appointment, you need to log in again with your login details and confirm it. It is not automatically confirmed so if you do not confirm it this will result in a cancellation of the booking. Remember this step by writing a reminder on your calendar.

Whilst all of this seems an impossible task, it can be done with some perseverance (and two people).

Good luck!

How Long Do I Have to Wait Before the Date of the Appointment If I Apply Abroad?

Since Italy had been for many years a place of emigration, Italian consulates, especially in the US and South America, face a significant workload with regards to citizenship by descent and therefore it might take months, in some cases, even years before the date of the appointment.

What Do I Have to Do on the Day of the Appointment?

On the day of the appointment, along with the required documentation, you have to bring with you the confirmation letter from the consulate. Be aware that some consulate will not allow you to enter their offices without the printed letter. You will also be asked to pay a fee of € 300. It is advisable to check on the consulate website the methods of payment.

In Case of No Recognition of the Italian Citizenship, Will the € 300 Be Returned Me?

Unfortunately, it will not. The fee is just to apply so it is not refundable.

Residence Permit While Waiting for the Recognition of Italian Citizenship Jure Sanguinis

You have applied for the recognition of Italian citizenship jure sanguinis in Italy. If you come from a country which is outside the EU, you need to obtain a resident permit to stay in here in Italy while your citizenship application is being processed. Indeed, according to Italian immigration law, non-european citizens are allowed to stay in Italy only up to 90 days without owning a resident permit; once this time expires, they shall request for a valid permit should they wish to keep staying in Italy. 

What Type of Resident Permit Shall I Apply For?

If you have submitted an application for the recognition of Italian citizenship jure sanguinis in Italy then you are eligible for the “awaiting citizenship” permit (i.e. permesso di soggiorno per attesa cittadinanza), which allows you to stay in Italy for as long as it takes for your application to be determined. 

What Documentation Do I Have to Provide?

The documentation you must provide in order to apply for the awaiting citizenship permit is:

• the application form (i.e. “Modulo 1”) duly filled in and signed;
• a copy of your valid passport;
• a copy of the documentation that certifies that the process for the recognition of the Italian citizenship started.

Where Must the Application Be Submitted?

The application has to be submitted at the local Post Office. 

Please note that on the day of the submission the Post Office will give you a convocation letter with the date, time and office for the appointment at the relevant central police station (i.e. “Questura”). 

Is There Any Fee I Have to Pay?

The fees to be payed are:

• € 30,46 for the issuance of the residency permit;
• € 30,00 at the Postal office for the application;

You need also to get a € 16,00 tax stamp.

Once I Submit My Request, How Can I Check the Status of My Application?

The status of your application can be checked on the online at this website: Portale Immigrazione. 

Please note that you will receive the instructions for the collection of your residency permit from the Questura.

How Long Does the Residency Permit Last?

It lasts the required timing for the purposes of its issue.

Is It Possible to Work With This Residency Permit?

No, it is not.

(1948 cases) Am I Still Eligible for the Recognition of Italian Citizenship Jure Sanguinis If My Italian Ancestor Was a Woman?

Yes you are, but the process may not be straightforward. 

Indeed, if your direct ancestor was a woman or if a woman is involved in your bloodline, then you may have to invoke the so-called “1948 ruling” before a judge in order to claim your right to Italian citizenship. 

(1948 cases) What Is the “1948 Ruling” About?

Whilst today men and women are equally allowed to transmit Italian citizenship by descent, in the past only the former could do it, whereas the latter were able to hold it but not to pass it on to their descendants. 

Things changed when the Italian Constitution came into force, on January 1st, 1948, and the utmost principle of equality between men and women was laid down. For the first time in the history of Italy, gender discrimination was abolished with the result that women were granted the legal right to transmit Italian citizenship to their offspring. Then, in 1983, the Italian Constitutional Court delivered its judgement on the matter and upheld that not allowing women to pass on their Italian citizenship to their descendants was unlawful. The same year, a second judgement, delivered by the Council of State, clarified the temporal validity of the Italian Constitutional Court’s decision, which would take effect from January 1st, 1948. 

As a result, those who were born to an Italian woman on or after January 1st, 1948 are entitled to apply for the recognition of Italian citizenship jure sanguinis through the administrative procedure (i.e. by submitting the application to the competent Italian Consulate/Town Hall). 

Given the limited temporal validity of the Italian Constitutional Court’s judgement, however, those who were born to an Italian woman prior to that date were prevented from applying for Italian citizenship by descent since the bloodline was considered interrupted. This unequal treatment had significant consequences on families as it was not unusual that siblings had a different citizenship status on the basis of their year of birth. 

It has been possible to overcome this hurdle thanks to the Italian Supreme Court which in 2009 stated that the descendant of an Italian woman is citizen of Italy even if born before January 1st, 1948.

Even though the aforementioned decision is legally acknowledged, the Italian Parliament has not amended the law yet and the Italian Ministry of Interior does not adhere to that line of thought. As a consequence, those who were born to an Italian woman before January 1st, 1948 cannot apply for the recognition of Italian citizenship by descent via the administrative route, conversely they must go through the Italian legal system and file a petition against the Italian Ministry of Interior before the Court in Rome. Luckily, the latter is consistently upholding the “1948 ruling” based on the Italian Supreme Court’s decision, which means that there are very high chances of being recognised as an Italian citizen in such cases. 

It must be pointed out that even those who were born after January 1st, 1948 might be prevented from applying via the administrative route and have to go through the Court for the recognition of Italian citizenship iure sanguinis if they descend from an Italian woman who had lost her Italian citizenship upon marrying a foreigner or a naturalised citizen. Have a look at the next section to know more on this.

(1948 cases) What If My Female Ancestor Lost Her Italian Citizenship Upon Marriage?

If your Italian ancestor was a woman, you should be aware that Italian women would have followed the spouse’s citizenship, unless the husband was stateless or his citizenship could not be passed upon marriage.

This means that:

• if the Italian woman got married with a foreigner, she would have lost her Italian citizenship and acquired the spouse’s one;
• if the Italian spouse’s naturalized, the Italian woman would have consequently naturalized as well.

In these cases, in order to verify if the husband’s citizenship could be transmissible to the wife, it is important to consider the foreign law in force at the time of your ancestor’s marriage or naturalization (e.g. the Cable Act 1922 in the US).

The Italian law on this matter (art. 10 paragraph 3, Law 555/1912) was declared unconstitutional by the Italian Constitutional Court in 1975. In particular, it was upheld that the automatic loss of Italian citizenship upon marriage did not comply with the principle of gender equality stated by the Italian Constitution and, for this reason, was unlawful. As a consequence, Italian citizenship has been granted to women who had lost it because of marriage after January 1st, 1948, and to their descendants. 

Then, the judgement delivered by the Italian Supreme Court in 2009 made possible even for women who had lost her Italian citizenship upon marriage before January 1st, 1948  and their descendants to claim their right to be considered Italian citizens in all respect. These, however, cannot apply administratevely but have to appeal against the Italian Ministry of Interior before the Court in Rome.

Continue reading below to find out more about the 1948 lawsuit.

(1948 cases) The Lawsuit: What You Need to Know

In both the cases above mentioned, in order to file a lawsuit you need the assistance of a qualified lawyer registered to any Italian Bar Association. The trial takes place before the Court in Rome, the sole competent in matters related to the Italian citizenship jure sanguinis, and it normally consists of one, sometimes, two hearings. Contrary to what you might think, its duration is about two years and a half/three years. This is strictly related to the fact that the Court faces everyday a significant workload.

Once the petition has been filed, a Protocol Number (i.e. numero di ruolo generale) is assigned. Then the Judge is designated and the first hearing scheduled. The final decision might be delivered a few months later after the hearing (or hearings, if more than one is necessary).

It is important to provide the Court with the relevant documentation (i.e. birth/marriage/naturalization certificates related to all the people involved in the line, starting from the first Italian ancestor) that gives evidence of your Italian ancestry. It is also important to explain and prove the reason why you are prevented from following the administrative procedure. In this respect, please bear in mind that the administrative procedure is the rule and the trial the exception, which means that in case you have the possibility to follow both the male and the female line, you cannot file a lawsuit.

It is not necessary for you to be present during the hearing as you give your lawyer the power to represent you during the entire proceeding by signing the Power of Attorney. In any case, if you wish, you have the possibility and the right to attend the hearing personally. Please be aware that the hearing will be in Italian and that you will not be asked for any explanation by the Judge as the citizenship proof is documental. This is the main reason why it is so important that all the documents are consistent with each other.

As for the number of plaintiffs, there is no limit as soon as the documentation provided is applicable for all of them. Nevertheless, it is important that all the people joining the lawsuit confer the power to be represented to their lawyer, again through the Power of Attorney. 

We will share with you the legal deed before filing it and we will constantly keep you informed about the stage of the proceeding, the outcome of the hearing and any other thing related to the trial. In any case, do not hesitate to ask us any questions or to request any additional explanation.