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1948 Case Italian Citizenship: How it really works?
Did you ever receive a detailed explanation of how the so-called “1948 Case Italian Citizenship” works?
All You Need to Know about the 1948 Cases of Italian Citizenship through Descent, under the Jure Sanguinis Principle.
the “1948 Cases of Italian Citizenship” – Today Contents
The “1948 Case Italian Citizenship” Program: what is that?
We do care about talking about that, because a lot of potentially eligible applicants don’t figure out about this opportunity, and so they risk missing the chance to get their Italian Dual Citizenship through descent.
Why isn’t the “1948 Case Italian Citizenship” Category known so much?
Well, the response is pretty easy: the Italian Consulates never talked (and never will talk) about it.
And, as it’s normal, the Italian Consulates are the official source of information when it comes to Government programs, like is Italian Citizenship by Descent.
Let’s see a clear example below – a statement from the Italian Consulate in Miami on their webpage dedicated to the Jure Sanguinis application.
Let’s think You have an Italian heritage like: Grandmother (Italian) – Mother (born before 1948s) – You.
What will You think if You would have read that statement on the Consulate website?
“Well, I’m not eligible for Italian Citizenship by Descent because my mother was born before 1948, and so Grandma cannot pass Italian Citizenship.”
In that example (GM – M – You), YOU ARE ELIGIBLE for Italian Dual Citizenship by Descent, and that’s because of the “1948 Case Italian Citizenship” Procedure – that the Italian Consulate will never talk about.
As soon as people started discovered this path, You can imagine how much it impacted on the number of the applications.
The data collected on Italian Citizenship acquisitions from the official Italian Government Statistics on Italian Citizenship shows the demand for Italian Citizenship is increasing year by year. This is also thanks to the so-called “1948 Case Italian Citizenship “.
2015-2020 Italian Citizenship applications and increase of demands for how to get Italian Citizenship.
So let’s see in detail how a 1948 Case works into detail, with some concrete judicial examples.
When I have a “1948 Case Italian Citizenship”?
Let’s explain the 1948 Rule with a common example of a 1948 Case Italian Citizenship.
All it begins when you are making your genealogical researches about Your Italian heritage after you found out that Your Great-grandparents, of Your Grandparents, were born in Italy.
So you are starting to build the entire Family tree, and let’s make an example.
You will find that Your Italian Great-Grandfather had your Grandmother in 1908. Then Your Grandmother had Your Father in 1934. Then You were born in 1960.
Your Grandmother had Your Father before 1948.
In this case, you are eligible for obtaining Italian Dual Citizenship under the Jure Sanguinis rule.
The “1948 Rule” says: If you have a woman into the Family Line and had a child before 1948s, You are still eligible for Italian Citizenship by descent.
“So Why the Italian Consulates says it’s not possible to apply in this case?”
The 1948 Cases are cases not recognized by the Italian Consulates (all Italian Consulates) because the 1948 Rule was not (yet) set by the Italian Law but only by the Italian courts’ jurisprudence.
Italian Citizenship Laws do not recognize women, born before 1948s and who had a child before 1948s, to pass Italian Citizenship.
This is simply related to the fact the Italian Constitution was created on January 1st, 1948, and only after this date women were granted the same rights as men.
And that’s why if You fall under the category of “1948 Case Italian Citizenship”, You cannot apply through the Italian Consulate, as the Consulate will certainly reject Your application, but You can ONLY apply at the Italian Court.
Ok, so: if I fall under the 1948 Rule, I cannot apply at the Italian Consulate. The Italian Consulate will reject your application.
But Why the Italian Court? Is that mandatory to go through the Italian Court?
Starting from the 1975s, some Italian Citizenship applicants submitted an appeal at the Italian High Courts as they had a 1948 Case. Still, these cases were formally impossible (at that time), according to Italian Law.
And the High Courts recognized the right to claim Italian Citizenship by Descent also in case there were women in the bloodline who had their child before 1948s.
Courts recognized as discriminatory the different treatments between men and women, so there is no difference if you have only men or women in Your family tree: You are entitled to claim and obtain Italian Citizenship.
And so, Courts started to process these cases – and only Courts, as the Italian legislation never introduced any amendments in order to fix this gap.
This way to apply can be also considered a lucky way – especially with the Covid-19 pandemic, which caused the Italian Consulates to close and interrupt all applications.
Italian Citizenship Wait Time
See the average different wait time (in days for Italian Citizenship through the Italian Consulate and Italian Citizenship through Italian Court.
This is also why Italian Citizenship is the most requested EU Citizenship – 1948 Italian Citizenship Cases have increased the demands.
How the “1948 Case Italian Citizenship” Procedure works?
Now you’ve understood why these are special cases and why it’s always better to contact qualified Italian Citizenship lawyers, for having a free eligibility check on Your situation.
Let’s see now how a 1948 Case Italian Citizenship works, what are the requirements, and all You need to know about the process.
Collect All Relevant Documents about Your Italian Heritage.
What is common for all Italian Citizenship procedures (and not only for the Jure Sanguinis one, but also for the Italian Citizenship by Marriage too) is to obtain all documents, and right ones, in the right way.
This is the most important part of the entire application, as we have to satisfy the 3 main conditions: ALL documents, RIGHT document, RIGHT Way.
Let’s see a little more about how to satisfy these three conditions.
All & Right Documents for the 1948 Case Italian Citizenship.
As soon as we checked Your case is exactly an eligible case under the Italian Citizenship 1948 Rule, You are ready to start.
In this step, it’s important not only to collect all relevant Vital Records and related Documents but to do that in the right way.
A simple and generic checklist of the document may be synthesized as below.
Note: The List below has not to be considered as legal advice, but just as general information. Also for the fact that each case must be processed on a “case-by-case” basis, with a tailored and personalized strategy.
Italian Ancestors Vital Records
Next in line’s Vital Records
Your Vital Records
(if You have children) Your next in line’s Vital Records
Power of Attorney
“What I Have to do if there are some issues the documents?”
This is a really good question and nobody tells You about it until it happens [and it may be late!].
The main issue You may find is to have the so-called Discrepancies on Names (First name or last name). Generally, it happens on Last Names (it may be a problem).
It’s pretty common, especially from the U.S., to find some discrepancies on the names). Why does it happen? Most of the ancestors, at that time, were not literate (mostly they didn’t know to write or read). And so, it’s pretty common that the documents were filed by the Vital Records Officers (and they were not used with Italian names, so they anglicized them, or they totally misunderstood them).
For example, You always refer to your Italian grandfather with the name “JOHN”, but as soon as You obtain the Italian Birth Certificates, You find our the real and original name was “GIOVANNI”.
So now? Is my Italian Citizenship application in trouble?
Here there are different solutions, depending on the complexity of the issue, that we analyze here in due examples “Case #1” and “Case #2”.
If You Find a Minor Discrepancy.
This is the better scenario and also the most common.
An example: You always refer to your Italian grandfather with the name “JOHN”, but as soon as You obtain the Italian Birth Certificates, You find our the real and original name was “GIOVANNI”.
This is actually a non-critical discrepancy: the name is formally spelled differently, but John is the anglicization of Giovanni, so You may be successful if all other Vital information can be clearly associated with the same person.
If You Find a Big Discrepancy
This is the worst-case scenario.
Let’s see an example: You thought your Italian grandfather’s full name was “JAMES ROSSI” but as soon as You obtain the Italian Birth Certificates, You find our the real and original name was “ANTONIO ROSSANO”.
This is no relation, apparently, between Antonio Rossano and “JAMES ROSSI”.
So what I can do to fix it?
If all the other Vital Records information is correct, you can also risk applying without amending the issue – it’s a risk, of course (especially applying through Consulates as they are pretty severe).
The most common way to fix a discrepancy is to contact the Vital Record office and ask to amend the Certificate, providing the original Italian Certificate proving the real identity.
In case, for some reasons, the Vital Record office won’t be able to fix or amend the discrepancy, You need to fill an appeal at your local Court, asking for a Judge to certify the identity (and so amend the Certificate) with a “one and the same person Court order“.
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How does the 1948 Case Italian citizenship work at the Court?
So now You collected all the relevant documents in the right way.
You’re officially ready to submit the application at the Court and claiming Your Italian Dual Citizenship under the 1948 Rule.
In this case, you have a one-time payment as Court Fees, that is equal to € 287.
As you may notice, the fees are lower than the Consular Fees.
This is just one of the several reasons to choose to apply through the Italian Court for Your Italian Citizenship by Descent (when possible, of course).
THE APPLICATION AT THE ITALIAN COURT
The application at the Italian Court will be prepared by Your Italian Citizenship Lawyer and so submitted by him.
That’s why one of the required documents is the Power Of Attorney, which You will have to sign, notarized, and Apostilled (Like the other documents).
Within the application, the Lawyer will explain all the Italian Heritage and will attach all the relevant documents You collected.
In the same application, the Attorney will also explain why you’re eligible citing all the jurisprudence and precedents in favor of your case.
As long as You submitted the application, after few weeks You will have a Judge assigned to the case, and the same Judge will set You the hearing date.
Here an example on a recent 1948 Case:
THE DECISION OF YOUR 1948 CASE ITALIAN CITIZENSHIP
At the hearing date, the Judge will review all your documents before taking his/her decision and declare You an Italian Citizen through descents.
Beware that at the hearing, the Ministry of Internal Affairs may participate – and may contest Your application.
In this case, another hearing may be necessary as we will have to defend Your case against the contestations (for the 1948 Cases it’s now not so common to see the Ministry lawyers yet).