The possibility of obtaining Italian citizenship by descent is much more common than it seems. Globally, over 80 million people could be eligible for it.
Currently, it is estimated that the number of descendants of Italians living abroad exceeds the number of inhabitants in Italy itself.
In Chile, for example, the figure is approximately 1.3 million potential Italian citizens, many of whom are unaware of their status.
Next, we’ll look at the steps to follow to access citizenship by descent.
Rules for Claiming My Italian Citizenship
Unlike other countries with Citizenship by Descent policies, Italy does not have a generational limit for qualifying through an ancestor. There are two legal regulations governing descent through the maternal line:
The 1948 Rule: This regulation comes from the old Citizenship Law of 1912, which only allowed Italian nationality to be passed down through men. After the Italian Constitution was approved in January 1948, nationality was extended to children born to Italian mothers.
The 1983 Rule: In that year, the Italian Constitutional Court declared the 1912 law unconstitutional due to gender discrimination. At the same time, a legal regulation was issued allowing descendants of Italians born after 1983 to obtain citizenship through the maternal line (“citizenship iure sanguinis”).
It’s important to note that, despite the progress, Italian legislation has not fully adapted to reflect gender equality. For this reason, in some cases, it may be necessary to initiate legal proceedings to obtain Italian citizenship through the maternal line.
Administrative and Judicial Routes
Thus, to proceed with the application process for Italian citizenship by descent, there are two routes: administrative and judicial. What do they involve, and what are the advantages of each?
The most common and recommended route is the administrative one. This is based on the Italian Citizenship Law, which stipulates that descendants of Italians “can apply for Italian citizenship through an administrative request.”
It is a faster and more efficient process than the judicial route and is also less costly. Additionally, it offers greater flexibility in document submission. However, in the case of a negative decision, there is no automatic judicial review.
On the other hand, the judicial route is used when the administrative application is rejected, or when there are no available appointments to proceed administratively. In this case, the applicant files a petition before the Italian courts to obtain citizenship.
The judicial route involves a thorough examination of the documents presented. It also offers greater transparency in decision-making and allows for the possibility of appeals and cassation. What are the downsides? The preparation of the case is more complex, and the overall process is slower and more expensive.
Requirements to Submit the Citizenship Application
- Prove that you are descended from someone with Italian citizenship status, according to the rules discussed earlier.
- The ancestor must have passed away after March 17, 1861.
- Prove that there were no interruptions in the transmission of citizenship.
Do you meet these criteria but are unsure of the steps to take? Schedule a meeting with our team! We’ll provide personalized advice throughout the entire process.
