How to be recognized as an Italian citizen by descent

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 February 5, 1992. 91.

Citizenship by descent (iure sanguinis)

Article 1 of Law No. 91/92 establishes that the child of an Italian citizen father or mother is an Italian citizen by birth, reconfirming the cardinal principle of ius sanguinis.

Since the law of 1912, in fact, the descendants of Italian citizens who emigrated abroad have also been guaranteed to maintain their ties with Italy. Thus, even for the child of an Italian, although born in a foreign state and a citizen of that state by ius soli, it was possible to retain Italian citizenship, by descent.

The conditions required for such recognition are based, therefore:

1. on the demonstration of descent from the Italian citizen (the ancestor who emigrated, also known as “dante causa”),
2. on proof of the absence of interruptions in the transmission of citizenship (failure of foreign naturalization of the ancestor “dante causa” before the child came of age and absence of declarations of renunciation of Italian citizenship by further descendants before the birth of the next generation).

To whom to submit the application

Competent to recognize Italian citizenship iure sanguinis 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.

You are an exception if your ancestors include a woman who had a child (also your ancestor) before 1948. In fact, it will not be possible for you to apply in either of the above ways, but you will have to go to the Tribunal. To learn more click on Italian Citizenship by Maternal Route before 1948.

Warning: in America, the United Kingdom and Australia at Italian diplomatic representations you will encounter long waiting lines or complete inability to make an appointment. To find out what to do in these cases, contact me!

Required documentation

To prove parentage:

1. Extract of the birth certificate of the Italian ancestor who emigrated abroad, in original;
2. Extract of the marriage act of the Italian ancestor who emigrated abroad, in original (if contracted abroad and not transcribed in Italy, legalized/apostilled and translated);
3. Death certificate of the Italian ancestor;
4. Extract of birth certificates of all lineal descendants up to the applicant legalized/apostilled and translated;
5. Extract of marriage acts of all descendants in the direct line up to the applicant legalized/apostilled and translated (if there have been separations or divorces, the relevant orders, legalized/apostilled and translated, must be attached);
6. Death certificates of all lineal descendants, if deceased, up to the applicant, legalized/apostilled and translated.
7. Extract of the applicant’s birth certificate legalized/apostilled and translated;
8. Extract of the marriage act legalized/apostilled and translated (if there have been separations or divorces, the relevant orders, legalized/apostilled and translated, must be attached).
9. If the applicant has minor children, he can also request recognition of their Italian citizenship at the same time as his own, producing their birth certificates, legalized/astilled and translated.

If the children are already adults they will have to make an independent request.

Warning: if there are discrepancies in the names or errors in the documents produced, it will be necessary to take action. If you want information about it, contact me.

To prove non-interruption in the transmission of citizenship:

1. Documents that prove the lack of foreign naturalization of the ancestor or his naturalization, provided that it occurs after the age of majority of the child (they are issued by specific foreign authorities). To find out more click on “Minor issue” in Italian citizenship jure sanguinis.
2. Documents proving the absence of declarations of renunciation of Italian citizenship by the ancestor and further descendants.

Thanks to a network of collaborations with experienced professionals in the field, I can help you with the search for the necessary documentation, but also with the legalization and translation into Italian of all foreign documents. Contact me!

Conclusion

Talking about Italian citizenship also means talking about European citizenship, which every citizen of an EU member country, such as Italy, enjoys… and citizenship of the European Union, like Italian citizenship, entails a series of rights, also for the spouses of Italian citizens (to find out more click on Citizenship by marriage, even if celebrated before 1983). So, if you have the possibility of being recognized as an Italian citizen by descent or marriage and you want to know more, contact me for a consultation!