How to obtain Italian Citizenship?
Judicial Action for the Recognition of Italian Citizenship Iure Sanguinis before the Court of Rome
GENERAL PRINCIPLES: All descendants of Italian ancestors who emigrated abroad have the right to obtain Italian citizenship iure sanguinis, bringing a case against the Ministry of the Interior, directly before the Court of Rome.
Types of lawsuits
(i) Descent by paternal line: according to Italian Law No 241/1990 and Prime Ministerial Decree No 33 of 17/01/2014, the legal deadline for the recognition of Italian citizenship through the Italian consulate is 730 days, i.e. a maximum of 2 years. However, since it is a well-known fact that in many countries waiting lists in consulates last even longer than 10 years, it is possible to file a lawsuit with the Court of Rome. There is already extensive and well-established case law on this subject and we have always been successful. It is only necessary to send, before the case, an application for recognition of citizenship to the Italian consulate of the place of residence, by registered letter with acknowledgement of receipt.
ii) Descendants by maternal line: this concerns descendants of Italian women who emigrated abroad and married to a foreign citizen or with children born after 1 January 1948 (date of entry into force of the Italian Constitution): in these cases it is possible to have Italian citizenship only by bringing a case before the Court of Rome, since the consulate does not accept applications for citizenship by maternal line.
Legal process
Our firm represents our clients before the Civil Court of Rome to obtain the recognition of the Italian citizenship iure sanguinis. Through a power of attorney for litigation, the law firm Piccolo&Rinaldi will represent you in Italy at all stages of the trial. You do not need to come to Italy to obtain Italian citizenship, we will be able to get to know each other and talk by videoconference.
Who can be part of the process
All family members descending in a straight line from the same Italian ancestor can participate in the process.
Under-age people: they do not necessarily have to participate, since citizenship is linked to that of the parent (father or mother). It is sufficient to transcribe the birth of the minor child directly at the Italian consulate, as soon as the parent has obtained the recognition of citizenship. However, it is advisable that minors who have turned 16 years of age are included in the trial, as they may become of age before the judgment, due to the length of the trial itself.
Required Documents
1. Italian ascendant: birth certificate and possibly marriage, as well as a negative naturalization certificate, certifying that the Italian ancestor has never become a naturalized foreign citizen.
2. Certificates of birth and marriage of all descendants in a straight line to those who have brought legal proceedings.
3. Acknowledgement of receipt - AR - from the post office to the Italian Consulate (for paternal line descendants only).
4. Demand of Litigation, which authorizes us to represent you before the Court of Rome. The power of attorney must follow the model provided by our firm. Children under the age of 18 must also issue the power of attorney, being represented by their parents.
All foreign certificates must be translated by a sworn translator and apostilled according to the Hague Convention. If necessary, we can recommend sworn translators for this bureaucratic phase. The documents can then be scanned and uploaded in the appropriate section of the site, and only afterwards, sent to our office by international courier.
Obtain the Italian Passport
Once the judgment of recognition of one's Italian citizenship has been obtained, it will be transcribed at the municipality where the ancestor emigrated abroad was born, or at the Italian consulate.
Our firm offers a transcription service at the Italian municipalities. Once you have transcribed the sentence and all the civil status documents, you will be able to ask for your passport to your consulate in a very short time and finally fulfill your dream of becoming an Italian citizen.