MAJOR UPDATE
to citizenship by descent applications, which may affect your case as well.
This concerns a very specific type of application, which your case might fall under, namely, a Naturalization in Constancy of a minor; if your Italian-born ancestor naturalized while the next in line (US born) was a minor, your case may be affected by the likely upcoming changes.
Two rules apply
- This has happened after July 1 st , 1912 and before August 16, 1992 (outside of those years different rules apply)
- The age of adulthood in Italy was 21 until March 10, 1975 when it was changed to 18.
What were the guidelines?
This issue has been well known among those applying through the Italian courts, especially if petitioning the court in Rome where it all started.
About two years back, an alternative interpretation of law 555 of 1912 emerged there, and was enforced by only a couple of judges. As more judges joined in on this, alternative, interpretation, one of such cases has reached the Court of Cassation (Supreme Court) level this summer.
According to the long-standing Interpretation of the Ministry, and as can be seen from the circolare’ n.9 del 04.07.2001 (to name one):
“Recalled here is the well-established interpretation adopted for Art. 7 of Law No. 555 of 1912, whereby a naturalization abroad by the Italian parent subsequent to the birth of the child did not entail the loss of citizenship by the same child, a dual citizen, born and residing in a foreign state from which he or she was considered its own citizen by birth (jure soli)”
*circolare is issued by the ministry with the aim of giving an interpretation of a legal text or of a regulation, with a view to applying such a regulation consistently.
What changed?
This summer, however, the Court of Cassation ruling (Decision 17161 of June 15, 2023) concluded that: following the parent’s naturalization, the US born child, did indeed loose their Italian citizenship and wasn’t able to transfer it to the next in line based on the fact they didn’t request to reacquire their Italian citizenship once becoming an adult (as per article. 12 of law 555/1912).
A second, more recent ruling, has only reaffirmed this interpretation. This last week, the consulate in Philadelphia has rejected 3 separate applicants whose cases had an Italian parent naturalizing while the US-born child was still a minor, and after 1912 – to the surprise of many applicants.
At this moment, there hasn’t been any other consulates enforcing this view. In fact, just yesterday the consulate in New York accepted one of such cases without raising any concerns.
It’s important to note that the Italian court system doesn’t follow precedents so the Cassation Court’s decision is not binding – each judge has a right to make their own decision.
BUT
- lower level courts are likely to look at Supreme Court’s decision and follow the same interpretation
- the Ministry of Interior might look at the decision as the basis for a new Circolare that would instruct the Consulates and Comuni to stop accepting such cases
There have not yet been any official directives by the Ministry of the Interior, however based on the above events one might be under way. Without an official announcement concerning changes, we can only speculate about what’s to come.
With that in mind, we are on standby, following and monitoring for any new developments.
If this concerns your case, stay subscribed as we will inform you of any changes through the official La Dolce Vita newsletter.
And if your ancestors naturalized while the US-born child was a minor, especially if you are applying at the Philadelphia consulate, reach out to us and we can look into alternative lines and options.
