Citizenship through the maternal line before 1948
The term “citizenship” indicates the relationship between an individual and the state and is the status to which the legal system attaches the fullness of civil and political rights. In Italy, the concept of citizenship originated at the time of the establishment of the unitary state and is currently regulated by Law No. 91 of Feb. 5, 1992.
Citizenship by descent, before and after 1948
Since the 1912 law, the cardinal principle of Italian citizenship has been that of its transmission by descent (iure sanguinis).
The same law provided, however, that transmission to sons was only by their fathers, unless they were stateless or their citizenship was not transmissible.
In contrast, Italian women:
- could not transmit citizenship to their children (except in exceptional cases),
- could not choose to keep their citizenship and, upon marriage to a foreigner, acquired their husband’s. It was not until 1948 that the Italian Constitution equalized the rights of men and women and allowed Italian women to transmit their citizenship to their children born, precisely, after January 1, 1948.
Current legislation on the subject, moreover, expressly provides that an “Italian citizen by birth is the child of a citizen father or mother.”
Attention! In all cases in which the ascendants include the child of an Italian woman born before January 1, 1948, there is still a chance for the descendant to be granted Italian citizenship!
How to apply for citizenship recognition
Competent to recognize Italian citizenship iure sanguinis, administratively, are: the Italian diplomatic representation in the applicant’s country, if resident abroad, and the Italian municipality of residence of the applicant, if resident in Italy.
Attention: in America, the United Kingdom and Australia at Italian diplomatic representations are encountering long waiting lines or complete inability to make appointments. For advice on this, contact me!
On the contrary, in cases where the applicant’s ancestors include the child of an Italian woman born before January 1, 1948, the administrative route is not viable and it is necessary for the person concerned to appeal to the Italian court in order to be recognized as a citizen.
In fact, the status of Italian citizen is considered to be permanent, except in cases of express renunciation.
Therefore, this status is also to be considered granted to the children of an Italian woman born before January 1, 1948, and, consequently, to all their descendants. To find out about the procedure, timing and costs, contact me!
Required documentation
The conditions required for the recognition of citizenship by descent are based on:
1. on proof of descent from the Italian citizen (the ancestor who emigrated, also called “dante causa”),
2. on proof of the absence of interruptions in the transmission of citizenship (failure to naturalize or voluntary renunciation before the child came of age). For more on all the necessary documentation, click on How to be recognized as an Italian citizen by descent.
Conclusion
Talking about Italian citizenship also means talking about European citizenship, which is enjoyed by every citizen of an EU member country, such as Italy… and EU citizenship, like Italian citizenship, entails a number of rights, including for spouses of Italian citizens. So, if you have a chance to be recognized as an Italian citizen by descent or marriage and you want to know more, contact me for advice!
