Italian citizenship by descent

For many individuals with Italian ancestry, the opportunity to gain Italian citizenship by descent (or Jure Sanguinis) is a meaningful way to reconnect with their heritage while enjoying the benefits of dual citizenship with Italy.

 

Whether you are interested in becoming a dual citizen of Italy or simply seeking to establish your Italian nationality by descent, understanding the process and requirements is essential.

 

In this guide, our specialized Italian immigration lawyers will explain deeply how to get citizenship for Italy through jure sanguinis.

What Is Italian Citizenship by Descent?

Italian citizenship by descent, also known as Jure Sanguinis or Iure Sanguinis, allows individuals with Italian lineage to claim their right to Italian nationality through their bloodline.

 

Unlike other pathways to citizenship, such as naturalization, Italian nationality by descent recognizes the unbroken transmission of Italian citizenship from parent to child, even across multiple generations.

 

This means you could potentially qualify for Italian citizenship in Italy if your distant ancestors were Italian citizens.

Italian citizenship requirements

Eligibility for dual citizenship with Italy and the USA (or other countries) depends on specific Italian citizenship requirements, linked to our recent history, in particular two dates:

• March 17th, 1861: birth of the Kingdom of Italy.
• January 1st, 1948: birth of the Italian Republic and new rights for women.

In general, you may qualify for Italian citizenship by descent if

1. You have at least one ancestor who was an Italian citizen at the time their child was born. This means the Italian ancestor must have passed away after March 17th, 1861. Therefore, if they had a child abroad (who acquired a third country citizenship by jus soli and not the Italian citizenship) and then died before that date, the child is not entitled to Italian citizenship.
2. The transmission of citizenship occurred only if the ancestor did not renounce Italian citizenship or naturalized in another country before the birth of their child who links you to Italy.
3. You can provide the necessary documents to prove your lineage.

 

Note that women can only transmit italian citizenship starting from January 1st, 1948, the date the Italian Constitution came into effect, and only by filing an appeal with the Italian court.

 

For those wondering about Italian citizenship by descent great grandparent, the rules are the same. The key is demonstrating a direct, unbroken line of Italian nationality from your great-grandparent to you.

Italian nationality by descent documents

The documents required for italian nationality by descent may vary depending on the place where you decide to submit your application and your family situation, but generally, they include the following:

• Extract of the birth certificate of the Italian ancestor who emigrated abroad, issued by the Italian municipality where they were born.
• Birth certificates of all their direct descendants, including the claimant’s own birth certificate.

• Death certificates of all their direct descendants.
• Marriage and, if necessary, divorce certificates of all the people in the direct bloodline, including the claimant’s own birth certificate.
• A certificate issued by the competent authorities of the foreign country of emigration stating that the Italian ancestor who emigrated from Italy did not acquire the citizenship of the foreign country before the birth of the claimant’s ascendant.*

 

*This is one of the most important and hard to get documents needed for Italian citizenship by descent as we’ll see in the next sections.

 

Note that

1. Birth, marriage, and death certificates must be in full-text format, including any annotations/corrections present in the records.
2. Names on all documents (marriage, death, etc.) must match the names as stated on birth certificates. Any discrepancy on the documents must be amended.
3. Documents issued by foreign authorities must be translated and, if necessary, legalized or apostilled in accordance with the law.

 

Further explanation on the documents needed and legalization to get citizenship for Italy are in the following sections.

How to Apply for Italian Citizenship by Descent

The process of applying for Italian citizenship by descent involves several steps:

1. Gather documentation for Italy jure sanguinis: collect all the documents, including birth, marriage, and death certificates for each generation connecting you to your Italian ancestor. Remember that these documents may need to be translated and legalized.
2. Meet the requirements for dual citizenship Italy: ensure you meet the Italian citizenship requirements, such as proving that no ancestor renounced their Italian citizenship before the birth of the next generation.
3. Choose your application path:
   – apply through an Italian consulate in your country of residence.
   – apply directly in Italy, which can sometimes expedite the process. This is an excellent option for those already living or planning to live in Italy
4. Submit Your Application: depending on your location, applying for Italian citizenship in Italy may offer a faster and more immersive experience, but consular applications are equally valid.

Gain Italian citizenship by descent through Italian Consulate

One of the most popular ways to obtain Italian citizenship by descent is by applying through the Italian Consulate in your country of residence.

 

While applying through the consulate can be convenient, waiting times may vary significantly depending on the consulate’s workload.

 

You can download here a full checklist of the documents needed for citizenship for Italy.

Getting Italian citizenship in Italy

For those seeking a faster route, getting Italian citizenship by descent in Italy is another excellent option.

 

This process involves relocating to Italy and filing your application directly with the local municipality (comune). By establishing residency, you can significantly reduce the processing time compared to consular applications.

 

However, this method requires careful planning, as you must maintain legal residency in Italy until the process is complete.

 

Note that it’s possible to apply for Italian citizenship in Italy even if you don’t have a visa and the relating residence permit, but you can get a “waiting for citizenship residence permit”.

Getting citizenship in Italy through tribunal

For individuals who face extreme delays or rejections at the consulate, getting citizenship in Italy through the tribunal is an effective alternative.

 

This legal route is especially important for applicants whose eligibility falls under specific circumstances, such as cases where the Italian ancestor is a female who gave birth before January 1st, 1948.

 

In such cases, women were not allowed to pass on their citizenship automatically, but applicants can now appeal through the Italian tribunal to assert their right.

 

The judicial process involves filing a case in an Italian court with the assistance of a qualified Italian citizenship lawyer specializing in Italian nationality by descent (you don’t need to move to Italy).

 

This route is often chosen by individuals who have been rejected by consulates or those who prefer a definitive legal resolution. Many applicants have successfully applied for Italian citizenship and gained their nationality through this method.

 

Document Legalization and Translation for Italian Citizenship by descent  

Proper document legalization and translation are essential steps in this process, as the Italian government mandates that all foreign-issued documents be recognized as valid under Italian law.  

 

Legalization and apostille for Italian citizenship

Legalization means that you must bring the documents and related translations to the Italian consulate to authenticate them.

 

If the country is part of the Hague Apostille Convention, the document can be legalized through an apostille through a local office usually of the Ministry of Foreign Affairs.

Translating documents into Italian

The translation must be done by an authorized translator in Italy or abroad. Note that also the translation must be legalized or apostilled.

 

It is not mandatory to translate the Apostille.

Benefits of Dual Citizenship in Italy

Acquiring dual citizenship Italy offers numerous advantages. As a dual citizen, you can:

• Reside, work, and study freely in any EU member state.
• Gain access to healthcare and social benefits in Italy.
• Enjoy visa-free travel to over 180 countries with an Italian passport.
• Pass on your Italian nationality to future generations.

How we can help you at SH Immigration Specialists  

At SH Immigration Specialists, we are experts in Italian citizenship by descent and immigration services.

 

Our agency provides comprehensive guidance and support to foreign nationals looking to navigate the complexities of Italian bureaucracy. Here’s how we offer a customised Italian citizenship help:

 

• Feasibility and Requirement Check: We evaluate the feasibility of your case, verify the Italian dual citizenship requirements, review documents, and identify the best path to take.
• Judicial Applications: For those facing legal challenges, we assist with applications through the Italian tribunal, ensuring a strong case for your Italian nationality by descent.
• Municipality Applications: We guide those already living in Italy with a valid residence permit to apply for Italian citizenship by descent in Italy at their local municipality.
• Residency-Based Applications: For individuals not yet residing in Italy but planning to move (e.g., dual citizenship USA and Italy seekers who can travel to Italy without a visa), we facilitate obtaining a residence permit for citizenship while awaiting recognition.
• Registration of Citizenship: We handle the registration of the citizenship decree in the municipal registry (anagrafe).
• Italian Passport Appointment: Once your citizenship is recognized, we help secure your appointment to obtain the Italian passport.
• Appeals to the Administrative Court (TAR): If your Italian citizenship by descent application has been denied, we assist in filing an appeal with the TAR.
• Translation of Documents: We ensure all necessary documents are accurately translated into Italian, meeting the requirements for dual citizenship in Italy applications.

 

As a specialized italian immigration agency, we provide a wide range of services, including assistance with entry visas, residence permits, family reunifications, citizenship applications, work permits under the decreto flussi, and amnesty requests.  

 

Our mission is to simplify the administrative process by offering personalized legal support and tailored consultancy, making getting citizenship in Italy or securing immigration permits a seamless experience.

 

Normativa e circolari

• L. n. 555 del 13 giugno 1912 – on Italian citizenship.
• L. n. 91 del 5 febbraio 1992 – latest citizenship law.
• D.P.R. n. 445 del 28 dicembre 2000 – new public administration rules
• Circolare del Ministero dell’Interno n. K.28.1 dell’8 Aprile 1991 “Riconoscimento del possesso dello status civitatis italiano ai cittadini stranieri di ceppo italiano”
• Circolare del Ministero dell’Interno n. K.28.1.170 del 24 Febbraio 2003 “Problematiche legate al rimpatrio dei cittadini argentini di origine italiana”
• Circolare del Ministero dell’Interno n. 26 del 1° Giugno 2007  

 

FAQ – Italian citizenship by descent