Claiming Italian Citizenship By Descent Through A Female Relative

Claiming Italian Citizenship By Descent Through A Female Relative

If you have an Italian bloodline, you are in a good place to immigrate and start a new life in this incredible country. It is one of the countries that offer citizenship via the descent route. So getting in can be easy if you qualify. But eligibility is more than having Italian parents and grandparents as the gender of your ascendant is in question. Things are pretty straightforward for those with a paternal line, but you may not qualify for the process through a female relative. While Jure Sanguinis may not be an option, you need not give up hope. You can claim citizenship through a judicial process under the 1948 Rule. If you want to know more, here you can read everything about the 1948 route in detail. Let us explain when this rule applies and how you can claim citizenship by descent with it. 

Eligibility for the 1948 Rule

An individual who wants to apply through Jure Sanguinis has to fulfill some requirements to qualify. You have to validate your bloodline through parents or ancestors who were citizens of the country after its formation and unification in 1861. But having a female ancestor may disqualify you from the conventional descent route. If your female relative gave birth before 1948, Jure Sanguinis does not work for you. Italian women did not have the right to pass citizenship to their offspring before this date. In this case, you are eligible to apply via the 1948 Rule. 

What exactly is the 1948 Rule?

Since the descent law was unfair and discriminatory, the Italian government took measures to address it. The 1948 Rule applies to potential applicants who want to claim their citizenship rights through a female relative. After all, you shouldn’t miss out on the opportunity only because your mother or grandmother gave birth before 1948. The difference between the conventional route and this rule is that the latter is a judicial process. You will have to apply through the Italian court instead of a consulate. But the process is not complex as it sounds. You can seek the assistance of a 1948 Rule specialist lawyer and cruise through the journey effortlessly. 

The application process is simple

Although applying through a court process sounds daunting, it is easier than you imagine. You only need to know the steps and have your documents in place, and it can be a breeze. Here is a list of steps that takes you closer to Italian citizenship via the 1948 Rule:

  • Gather documents validating your Italian roots. You will require birth, marriage, and death certificates and proof of immigration and naturalization for your ascendants.
  • Since the Italian court follows Italian as the only official language, you have to ensure the same for your documents. Apart from certified translations for the papers, you will also need apostille stamps for legalizing them.
  • Since the process involves the court, you will need a local attorney to represent you in the court. You can even give them a Power of Attorney to appear on your behalf.
  • You have to file a petition online and the court will assign a judge, and give a hearing date. It may take a few months or even a year to get a date, but you can expect closure in a single hearing if your papers are in place. 

After a final judgment, you get your Italian citizenship, and it happens within a few months of the hearing. You can start your life as a citizen and pass on the rights to your children.

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