Embarking on the journey to obtain Italian citizenship by descent is an exciting opportunity to reconnect with your roots. Eligibility for this process is based on having Italian descent, meaning you must have Italian ancestors in your family lineage. However, there are many misconceptions about the process that can make it seem overwhelming or unattainable. Whether you’re worried about generational limits, price concerns, or language requirements, we’re here to set the record straight. In this blog post, we’ll debunk some of the most prevalent myths about Italian citizenship by descent, providing you with clarity and confidence as you explore your eligibility.
Myth #1: My last Italian Ancestor was my great-great-grandfather, so I do not qualify.
There are no generational limits for Jure Sanguinis in Italy. This means if you meet the qualifications and can prove your line of eligibility to the Italian Government, you likely have the right to claim Italian citizenship! Eligibility is based on proving your Italian lineage through a direct line to your Italian-born ancestors.
There are a few key dates that must be examined to fully determine your eligibility. First is March 17, 1861, which is the date of Italian Unification under the Kingdom of Italy. You must be able to prove that your last Italian-born ancestor had lived in Italy some time after that date to qualify for Jure Sanguinis. You must identify all relevant Italian ancestors and obtain each ancestor’s birth certificate to establish your claim. The second date to keep in mind is July 1, 1912. This was the date that Italian Law 555, or Jure Sanguinis, took effect. Your Italian Ancestor must not have naturalized to a foreign country before this date; otherwise, you may not be eligible for Italian Citizenship. If an ancestor naturalized, especially if a parent naturalized while the child was a minor, it can affect eligibility.
Many US citizens with Italian ancestry must verify whether their ancestor or parent naturalized before the next generation’s birth, as this impacts their ability to claim citizenship.
If you are uncertain if your Italian ancestry falls under these parameters, our intake specialists would be happy to schedule a free eligibility screening with you to review your eligibility status!
Myth #2: My Italian Ancestor was a female, so I can’t apply.
Until January 1, 1948, Italian-born women did not have the right to pass citizenship to their descendants. Following Italian women receiving full rights of citizenship in 1948, any children born to a female with an unbroken line of Jure Sanguinis were able to claim citizenship. A very common point of confusion is that the date of birth of someone’s female ancestor is what dictates if a case is a Via Materna/1948 case, but rather, it is the date of birth of the descendant that dictates this. If your female ancestor gave birth before 1948, you may need to pursue legal action in the Italian courts to have your citizenship recognized.
If your Italian-born ancestor, or an intermediary female ancestor, passed citizenship to their descendants before 1948, not all hope is lost. A landmark Italian court case in 2009 contested this law, stating that it was discriminatory and that Italian women had passed citizenship before 1948 and had equally legitimate claims to the laws of Jure Sanguinis. Legal action in the Italian courts, including cases decided by the Italian Supreme Court, has been necessary to challenge these discriminatory laws. The Supreme Court’s interpretation of the Italian constitution was pivotal in overturning previous restrictions and ensuring equal rights for women to pass on citizenship. Since that ruling, Via Materna or 1948 cases have been an equally valid route to obtaining Italian citizenship by descent.
There are many nuances to the 1948 law, which can be confusing, so if it is unclear whether your Italian female ancestor qualifies you for citizenship, please visit our webpage regarding Via Materna cases or schedule a call with us!
Myth #3: Applying for Italian Citizenship by Descent will take a very long time.
The most common route for United States citizens to obtain Italian dual citizenship is through their regionally assigned Italian Consulate. Depending on the consulate, the wait times for an appointment for citizenship by descent can vary widely. Long wait times at the consulate can be discouraging for some, but there are alternative routes that can speed up the process of obtaining your citizenship. The process of applying for Italian citizenship by descent can be time-consuming due to multiple steps and legal requirements.
One of these paths is a 730-day court case, commonly referred to as an “Against the Queue Case.” If you can prove through legal recourse that you are unable to obtain a consulate appointment at your designated consulate within 730 days, or 2 years, you may be eligible to have your case heard in the Italian court system. For many individuals whose consulates have long wait times, this can be a much more efficient path to obtaining their citizenship. The second possible alternative route to obtaining your citizenship is the aforementioned Via Materna/1948 case. Because these types of cases must go through the Italian courts, these cases also serve as an alternative route to obtaining your citizenship by avoiding the potentially long wait times at your assigned consulate.
If you are interested in learning more about court cases for obtaining your Italian Citizenship, please visit our webpage regarding court cases.
Myth #4: You must live in Italy to apply for Italian Citizenship by Descent.
Generally, there is no residency requirement in Italy to apply for Italian Citizenship by Descent. The most common route of obtaining citizenship by descent is applying through your local Italian consulate, which does not require you to have spent any time in Italy whatsoever.
In some countries, having permanent residency or a qualifying visa may be required to apply for Italian citizenship at the local consulate. Applicants may also need to provide sufficient proof of their residence status when submitting their application abroad.
While there is no residency requirement in Italy, those who qualify for Jure Sanguinis can potentially expedite the process by applying for citizenship in Italy. ICAP has several programs in various comunes, or towns, throughout Italy where you can apply for citizenship. We seamlessly guide your citizenship application with the help of our local program managers in each town who will help you secure a short-term lease, establish your residency, arrange meetings with necessary government officials, translate on your behalf, and guide you through every step of the citizenship process.
If you are interested in learning more about our Apply in Italy programs, please visit our webpage or schedule a call with us today.
Myth #5: You must be fluent in Italian to become an Italian Citizen.
The Italian laws of Jure Sanguinis have no language requirements. Unlike many other European countries with similar laws of Jure Sanguinis, Italy does not require you to learn Italian to obtain citizenship by descent. You do not need to speak Italian or pass a language test when claiming citizenship by descent. From the Italian government’s perspective, individuals of Italian descent are considered citizens by birthright and are not required to formally apply or demonstrate language proficiency.
While there is no Italian Language requirement for those who are eligible for citizenship by descent, we always encourage our clients to learn Italian to connect to their ancestry. ICAP offers Italian Language lessons for all knowledge levels of the Italian Language.
Please visit our webpage on Italian Language Lessons if you would like to master the Italian language or if you wish to brush up on your current skills.
Myth #6: Working with a firm to assist with Italian Citizenship by Descent will be extremely expensive.
ICAP has specialized in helping individuals obtain Italian Citizenship by Descent for almost 18 years! We separate ourselves by tailoring our cases to each individual’s unique family history and their path to citizenship.
By tailoring our cases to our client’s individual needs, along with a “pay as you go” invoicing structure, we provide a financially viable pathway to obtain Italian citizenship. We commonly work with families to divide costs in order to make the investment in Italian Citizenship much more financially feasible and provide flexible payment options for our clients.
If you are curious about our pricing, please visit our webpage on ICAP’s pricing or schedule a call with us today.
Embrace Your Heritage with Confidence
Understanding the realities behind these common myths is the first step toward successfully obtaining your Italian citizenship by descent. If you have questions about eligibility, legal obligations, or the application process, we encourage you to seek further information to ensure you have the most up-to-date guidance.
Acquiring Italian citizenship can benefit family members, including minor children, and it is essential to register children’s birth certificates and other vital records to pass citizenship to future generations. Births, marriages, and changes in family status can affect eligibility and the process of being granted Italian citizenship. Holding Italian citizenship does not automatically require you to pay taxes or perform military service; these obligations depend on your residency and current Italian law. With an Italian passport, you gain the ability to live, work, and travel freely in EU countries and other EU countries, enjoying a wide range of benefits.
The process of acquiring Italian citizenship is governed by Italian citizenship law, which is subject to ongoing changes and interpretations by foreign affairs authorities, lower courts, and other legal bodies. Some individuals may also need to address issues of lost Italian citizenship due to historical legal changes.
The process may seem daunting, but with accurate information and the right support, Italian citizenship is an achievable goal. At ICAP, we’re dedicated to guiding you through every phase of your citizenship journey, tailoring our services to your unique family history and needs. If you’re ready to take the next step or have any questions, schedule a call with us today. Reconnect with your Italian roots and open the door to new opportunities for yourself and future generations.