The internet is buzzing with news about the Italian government’s new Ministerial Guidelines regarding recent eligibility changes for Italian citizenship by Descent. ICAP is here to help simplify acquiring Italian citizenship.
Understanding Italian Citizenship by Descent
Italian citizenship by descent, also known as Jure Sanguinis, is a nationality law principle allowing individuals to claim Italian citizenship based on ancestry. This means that if you have an Italian ancestor, you may be eligible to obtain Italian citizenship, even if you were not born in Italy. Italian citizenship by descent is a way to connect with your Italian heritage and gain access to the benefits of being an Italian citizen. These benefits include the right to live, work, and study in Italy and other EU countries and access to healthcare and other social services. By claiming Italian citizenship, you can preserve your family’s legacy and enjoy the rich cultural heritage of Italy.
Eligibility Criteria for Italian Citizenship
You must meet certain criteria to be eligible for Italian citizenship by descent. These include:
- You have an Italian ancestor who was a citizen of Italy at the time of your birth.
- It is being able to demonstrate a direct line of descent from your Italian ancestor.
- Not having renounced your Italian citizenship if you were previously a citizen.
- Meeting the language proficiency requirements, if applicable.
It’s essential to note that the eligibility criteria may vary depending on your circumstances, so it’s best to consult with the Italian consulate or a qualified attorney to determine your eligibility. They can provide personalized advice and help you navigate the complexities of Italian citizenship law.
What Changed with the New Ministerial Guidelines on Italian Citizenship Law?
On October 3, 2024, the Italian Ministry of the Interior issued a new circular (memorandum) to public offices. It aligns with two recent decisions by the Italian Supreme Court of Cassation (decisions 454/2024 and 17161/2023). This circular instructs public officials to deny citizenship applications where the Italian ancestor became a foreign citizen (naturalized) while their child was still a minor residing in the same household.
The circular was officially released to Italian public offices on October 10, 2024. It applies only to new applications going forward and does not affect people who have already been granted citizenship.
This article aims to explain the new guidelines and how they affect applications for Italian citizenship by descent. It also explores alternative options for those whose main path to citizenship is blocked due to this “minor issue.” Additionally, verifying that neither the applicant nor their ancestors have renounced Italian citizenship is crucial. The information provided has been gathered from legal consultations with Italian attorneys specializing in Italian citizenship law and direct communication from Italian consulates and municipalities.
Conflicting Laws: Article 7 vs. Article 12
Italian citizenship law 555/1912 (in effect before 1992) had two conflicting provisions:
- Article 12: Children automatically acquire their parents’ citizenship. If a parent gave up Italian citizenship (naturalized) while the child was still a minor living under their care, the child also lost Italian citizenship. This loss additionally affected all future descendants of that child.
- Article 7: Children of Italian citizens born in another country kept their Italian citizenship, even if the Italian parent naturalized. This was valid as long as the naturalization happened after June 30, 1912, and the child did not voluntarily relinquish their Italian citizenship as an adult or after becoming emancipated. This right could also be passed down to future generations.
Until now, Italian consulates, municipalities, and courts generally followed the more lenient Article 7, granting Italian citizenship jure sanguinis to descendants even when the child was a minor at the time of the parent’s naturalization.
Does the Circular Change the Law?
No. The circular is not a law but a recommendation to public officials from the Italian Ministry. The circular does not bind judges in Italian courts, and they still have the authority to interpret the law independently. Some municipalities have already adopted the circular for new applications, while others are still considering its implementation. Italian consulates and embassies in the U.S. have not yet updated their online guidelines to reflect the change, but updates are expected soon. Additionally, the Italian Ministry of Foreign Affairs has not updated its official citizenship guidelines on its website, which still lists Article 7 as the applicable rule. In certain circumstances, applicants may need to apply directly to the Italian Court instead of going through the local Italian consulate.
Although the Circular does not change the law, the consulates have begun to implement it, and it is likely that Italian municipalities will follow its recommendations. Three of the municipalities we work with have confirmed they will apply the new rules to all citizenship applications submitted after October 3, 2024, while two others are still considering its implementation.
It’s important to understand that the circular is a recommendation for public officials and does not affect the Italian judicial system. Additionally, the two Supreme Court of Cassation rulings are not considered law, meaning lower courts, such as provincial courts, can still make their own independent decisions. As a result, court cases already in progress are not impacted by the circular, including those filed due to delays in consulate appointments or issues related to the birthdate of the Italian female ancestor.
The Application Process
The application process for Italian citizenship by descent involves several steps. These include:
- Gathering the required documents, such as birth, marriage, and death certificates.
- Applying with the Italian consulate or court.
- Passing a language proficiency test, if applicable.
- Meeting with an Italian consular officer to discuss your application.
- Receiving a decision on your application.
The application process can be complex and time-consuming, so it’s recommended that you seek the assistance of a qualified attorney or expert in Italian citizenship law. They can help ensure that your application is complete and accurate, increasing your chances of a successful outcome.
Documents Needed for Italian Citizenship
To apply for Italian citizenship by descent, you must provide various documents to support your application. These may include:
- Birth, marriage, and death certificates for your Italian ancestor and their descendants.
- Proof of your Italian ancestor’s citizenship, such as a passport or naturalization certificate.
- Proof of your identity, such as a passport or driver’s license.
- Language proficiency test results, if applicable.
Ensuring that all documents are authentic and officially translated into Italian is essential. This will help avoid any delays or issues with your application.
Applying at the Italian Consulate
If you are eligible for Italian citizenship by descent, you can apply at the Italian consulate in your country of residence. The consulate will review your application and supporting documents to determine your eligibility. You will be granted Italian citizenship and an Italian passport if your application is approved.
Alternatively, you can also apply for Italian citizenship by descent through the Italian court. This process involves filing a petition with the court and providing supporting documentation. The court will review your application and decide on your eligibility.
You should consult with the Italian consulate or a qualified attorney to determine the best course of action for your circumstances. They can provide guidance on the most efficient and effective way to obtain Italian citizenship by descent.
How to Know if Your Application is Affected?
Follow this guide to help determine if your case of Italian descent is affected by the minor issue:
Check if the “Minor Ruling” Applies
Start by confirming whether your ancestor ever became a citizen of another country. If they never naturalize, this minor issue will not affect your case. However, if you are seeking assistance in obtaining Italian dual citizenship, understanding the qualifications and processes involved is crucial.
If your ancestor did naturalize, check if the child of the Italian ancestor you are using to apply for citizenship was considered a minor when the ancestor naturalized. Before 1975, this meant being under 21 years old.
Confirm that the child was living in the household with the parent when the parent naturalized. The children sometimes moved to Italy with their mother and lived there when their father became a foreign citizen. If the child was a minor born before 1912 and wasn’t living with the parent who naturalized, the “minor issue” does not apply.
Confirm the marital status of the ancestor’s child. Back then, it was not uncommon to be married at a young age. Marriage would cause the child to become emancipated, thus making the minor issue not applicable.
If your application is affected by the new circular, you still may have options:
Review the Female Lineage
If your lineage includes a female ancestor, check if she became naturalized. If she never naturalized, it is possible to pursue obtaining Italian citizenship through the female ancestor instead.
If your female ancestor did naturalize, ensure she did not naturalize through “derived citizenship.” Before September 22, 1922, women automatically took on their husband’s new citizenship if he naturalized. However, under Italian law, this “derived citizenship” does not count as a loss of Italian citizenship.
Even if the Italian female spouse naturalized, it might not have happened at the same time as her husband and could have occurred later. If her naturalization was after the child became an adult, this could be a potential pathway worth exploring.
Remember that before January 1, 1948, women couldn’t pass citizenship to their children. If your female ancestor had the next descendant before that date, you must file a court case in Italy, usually with legal representation, to establish citizenship.
Italian courts are not required to follow the circular or the two Supreme Court decisions, as each provincial court makes its rulings on citizenship. While there is a chance that a lower court judge could deny a case due to a “minor issue,” many applicants have still won their cases successfully.
Explore Other Italian Ancestors in Your Family Tree
Many people have more than one Italian-born ancestor in their family tree. If both your male and female lines are blocked, try exploring other Italian-born ancestors, following the same guidelines to confirm your eligibility. Additionally, demonstrating proficiency in the Italian language, often at a B1 level, is crucial for those claiming citizenship through ancestors up to the third degree.
If researching other Italian ancestors feels overwhelming due to limited information, don’t let that stop you. A free trial on Ancestry.com or a visit to the Family History Library may provide the clues you need to move forward.
ICAP is Here to Help
We can assist if you’re unsure how these changes affect your eligibility or need help determining other potentially eligible pathways. Our intake specialists are skilled at identifying the best path to citizenship, even in complicated cases. We also have experienced naturalization record specialists, Italian vital record researchers, and genealogists who can help locate the documents you need for your application.
Contact us for a consultation—we’re ready to guide you through every step of the process and help you determine your eligibility for Italian citizenship by descent.