Italy is one of the countries that recognize citizenship by descent. If you want to relocate to the country and have Italian roots, consider it a stroke of good luck.
You can explore the Jure Sanguinis route and move to Italy with your family. The process is relatively fast and easy, and you pass on the rights to your family and the next generations. But before going ahead with the process, you need to understand how it works. You may have to apply through a consulate or court, depending on your bloodline and background. You can check the complete guide on mbersanilaw.com to understand the ideal option that works for you. Let us explain them in short here.
Jure Sanguinis- Applying through the consulate
Typically, the citizenship by descent process requires you to apply through your local consulate. But you have to check your eligibility first. You can apply if born to or adopted as a minor by an Italian parent. Your ancestors should have retained their citizenship and not lost it by naturalization in a foreign country. Even if they naturalized, they must have done it after the birth of their child next in the direct Italian lineage of the applicant. Also, the ancestor should have been an Italian citizen after the country’s formation in 1861. You will need to have valid translated and legalized documents as evidence of these facts. Apply at your local consulate with these documents to go ahead with the process.
The 1948 Rule- Applying through court
Italian citizenship by descent has some exceptions to the conventional eligibility rules. The law discriminates against Italian women as they cannot pass on the citizenship rights to children born before 1948. If your Italian ancestor was a female and had her child before 1948, you cannot apply through the consulate. You will have to take the legal route through the 1948 Rule. Although applying through the court sounds daunting, it is easier than you think. You only need the apt documents and a seasoned lawyer to represent your case in court. There are good chances to close the case even faster than the administrative route.
Consulate or court?
The choice between consulate and court depends on your bloodline. Things are pretty straightforward when applying through a male ascendant as you can go ahead with the administrative process. Things may get tricky when a female ancestor is in your bloodline. You have to check the date when she delivered her child. The 1948 Rule applies if she gave birth before 1948, so it means you will have to move ahead with the judicial process. A citizenship expert is a relevant person to guide you with the right choice. It is best to follow their guidance and pick the apt route to avoid complications.
Getting Italian citizenship by descent is a simple process if you follow the eligibility criteria and choose the ideal option accordingly. It is best to consult a seasoned specialist because dates and rules can get confusing to understand. Having professional guidance keeps your application on the right track.
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