CITIZENSHIP BY DESCENT (IURE SANGUINIS) VIA 1948

How to apply: The application for the recognition of Italian citizenship iure sanguinis (by descent) can be submitted in two ways:

  1. Administratively: By submitting a request to the Consular Authority (if the applicant resides abroad) or to the Mayor of the municipality of residence (if the applicant resides in Italy). In the latter case, to be registered in the registry for the purpose of submitting the application, the applicant does not necessarily need to have a residence permit; a declaration of presence is sufficient, according to the Circular Letter issued by the Ministry of the Interior, no. 32 of June 13, 2007.
  2. Judicially: By filing a petition with the Civil Court of Rome, with the representation of a lawyer, in the case of descendants on the maternal line born before January 1, 1948 and also in cases of descendants on the paternal line when the Consulate for the administrative application has an excessive waiting time for scheduling appointments. This waiting period “freezes” the applicant’s right, allowing them to turn to the Judicial Authority (a typical example is the Consulate of San Paolo, which takes approximately 12 years to process applications).

How we can assist you in obtaining Italian Citizenship iure sanguinis:

Verification of Documents in Possession The first step is to determine the necessary documents for the iure sanguinis citizenship request, whether it is submitted at the Municipality or through a judicial petition. It is essential to verify the continuity of the transmission of Italian citizenship between generations and the non-naturalization of the Italian ancestor. Our Legal Office can guide you through the process of verifying and analyzing the documents before starting the iure sanguinis citizenship procedure.

Search for Necessary Documents in Italy Our Legal Office, with the help of a network of collaborators throughout Italy, can assist you in retrieving the required documents, especially those related to your Italian ancestor, for submission either at the Consulate or to the Mayor of your municipality of residence.

Apostilles and Document LegalizationFor an Italian document to have validity abroad, it must be translated, sworn, and apostilled or legalized, depending on the country in which it must be valid. However, it often happens that due to ignorance of the process, only one apostille or legalization is applied, negating the time and expenses incurred. The correct procedure is as follows:

  1. The document must first be apostilled or legalized at the Prefecture or Prosecutor’s Office, depending on the signer of the document and the country where it must be valid.
  2. The document must then be translated, including the apostille or legalization, and the translation must be notarized at the Registry Office of the Court, the Justice of the Peace or before a Notary.
  3. Finally, an additional apostille or legalization must be affixed to the sworn statement.

 

RECOGNITION OF CITIZENSHIP IURE SANGUINIS THROUGH JUDICIAL PROCESS TO AVOID CONSULAR WAIT TIMES

If you are a foreign citizen and wish to apply for Italian citizenship, you can turn to the competent consular authorities in your geographic area to obtain recognition if you can prove direct (and uninterrupted) descent from an Italian citizen. Unfortunately, wait time at consular authorities can be as long as ten to twelve years.

However, if your lineage traces back to before January 1,1948 and derives from an Italian woman (or an Italian woman who married a foreign citizen), you can seek legal representation and file a petition with an Italian court in the birthplace of your Italian ancestor. The advantage of this procedure is that your physical presence in Italy is not required, and our office can submit the petition on your behalf anywhere in the country. The process typically concludes in just a few court hearings. Our Legal Office can guide you through the petition process and the subsequent transcription of the court judgment and civil status records.

 

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