The journey to securing Italian citizenship, particularly through Jure Sanguinis, can sometimes feel intricate, woven with history, laws, and numerous stipulations. The essence of Jure Sanguinis, or “by right of blood,” revolves around one’s ancestral lineage, tracing back to Italian roots. Here, we aim to clarify the eligibility criteria, painting a clearer path for those eager to connect with their Italian heritage.
Jure Sanguinis: The Basics
To qualify for Italian citizenship via Jure Sanguinis, the following criteria must be met:
Italian Ancestry
The ancestor through whom you’re claiming citizenship must have been alive on or after March 17, 1861, when Italy was unified as a nation.
Naturalization
This ancestor shouldn’t have been naturalized as a U.S. citizen before the birth of the child in the U.S. (post-June 14, 1912).
Gender and Date Considerations
If the lineage involves an Italian female ancestor, she must have given birth to her child on or after January 1, 1948.
Non-Renunciation
None of the direct descendants should have ever renounced their Italian citizenship.
Understanding the Routes: Consulate or Lawsuit?
There are primarily two avenues to claim Italian citizenship:
Consulate
Most applicants proceed via the consulate responsible for their residential jurisdiction. This route involves:
- Determining the appropriate consulate
- Checking specific requirements of said consulate
- Booking an appointment, which may have a long wait period
- Collecting and amending documentation as needed
- Getting an apostille for the documents and translating them
Lawsuit
Certain conditions push the application from consulate into the realm of lawsuits, such as:
- Male ancestors naturalizing before their child’s birth, leading to claims through a mother who gave birth before January 1, 1948.
- Ancestors naturalizing before June 14, 1912. Such ancestors cannot transmit citizenship even if the naturalization was post the child’s birth.
Diving Deeper: Historical and Legal Intricacies
Several historical contexts intertwine with Italian citizenship claims:
1948 Cases
Before 1948, Italian women faced discriminatory laws. They couldn’t pass on citizenship or lost it upon marrying a foreigner. These are termed as “1948 cases,” where lawsuits typically request retroactive application of the post-1948 law to recognize citizenship via a female ancestor. However, when it comes to marriages involving foreign citizens, apart from being familiar with Italian laws, it’s essential to know the laws of the other country as well. These laws can significantly impact the right to citizenship, as is the case with the UK; a woman married to a British man (whether by birth, descent, or otherwise) before 01.01.1949. automatically becomes British on 01.01.1949, regardless of her original nationality or place of birth.
U.S. Cable Act of 1922
The Cable Act was a significant shift in America, where women gained the right to vote and naturalize independently. Contrastingly, Italy embraced these changes in 1948. When handling cases involving Italian female ancestors, both laws frequently surface, particularly to discern if an Italian woman naturalized by choice or through her husband’s status.
Naturalization and Age Criteria
Since 1975, Italy has considered the age of majority as 18, changed from 21. This distinction becomes crucial when evaluating the naturalization timeline of a parent.
Case in Point
Imagine two siblings, both children of an Italian parent. One is born in New York, and the other in Italy. If the father naturalizes after both children are born (while they are still minors), the child born in the USA retains their Italian citizenship and can pass it on, while the child born in Italy loses their Italian citizenship due to the father’s naturalization.
As citizenship experts, we can navigate these complex situations and find the best solution. For example, in cases involving a child born in Italy, there’s an option to pursue Italian citizenship via a lawsuit through the maternal lineage.
Recent Changes and Caveats
Since mid-2022, all citizenship cases are filed with local courts depending on the ancestor’s origin, diverging from the previous practice of exclusively handling them in Rome. Importantly, Italian courts operate independently. While many might deliver favorable decisions, individual courts or judges possess autonomy in their rulings.
Special Territories and Naturalization
Regions like Dalmatia, Istra, Rijeka, and parts of Trentino and Alto Adige have unique rules due to their historical contexts. For instance, if an ancestor migrated before these regions were annexed to Italy, the descendants might not be eligible for Italian citizenship.
Given the intertwined legal frameworks and historical nuances, navigating the pathways to Italian citizenship can be complex. It’s not just about tracing lineage, but understanding the legislative landscapes of both Italy and other nations involved. However, with thorough research and the right experts on your side, you too can successfully conclude your journey as an official italian citizen.
Don’t hesitate to get in touch with us to start your journey!
