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Today we want to talk about the so-called “1948 Italian Citizenship Rule”, as there is a lot of confusion on Applying for an Italian Citizenship 1948 case.
The main problem is related to the fact that this path seems not possible according to the Italian Consulate websites, where you can read statements like “You cannot apply if there is a woman in Your Italian ancestry bloodline.”
But this is not true.
When You read about Italian Citizenship Assistance Program, there are several ways to obtain an Italian Passport through Ancestry:
It’s normal to find out some confusion, and many Clients asked us:
How Can I apply for Italian Citizenship through my grandmother?
How Can I apply for Italian Citizenship by Descent through maternal line?
The Italian Consulate said to me that I cannot apply because I have a female in my bloodline!
Now You will definitely understand How To Apply for Italian Citizenship on the 1948 Rule.
We will explain to You How to apply through the maternal line under the “1948 Italian Citizenship Rule“
When we talk about the 1948 Italian Citizenship Case, we refer to a special situation that allows You to claim Italian Citizenship by Descent.
As You maybe know, there are many ways to apply for Italian Citizenship Jure Sanguinis.
Generally, the main application is through the Italian Consulate (if you are living abroad) or the Italian Municipality (if you live in Italy).
This is called the Administrative Path.
But they are not the only ways you can obtain Your Italian Citizenship by Descent.
These Italian Citizenship options allow you to apply according to the general Italian Citizenship by Descent Law, but there are some “Special Cases” recognized outside the law.
These cases are recognized as “Case Law“, so by the Italian jurisprudence of the Italian Courts.
The 1948 Italian Citizenship Cases are exactly one of these cases.
So, if you fall under an Italian Citizenship 1948 Case, You CAN Apply for Italian Citizenship by Descent. And You can do that through the Italian Court.
If during your researches, in order to discover your italian ancestors, you find a woman in the blood line, you should first check if your female ascendant gave birth to her child before or after 1948.
Why 1948s? Why this year is so important?
In 1948, on January 1st, the Italian Constitution was proclaimed.
The Italian Constitution, for the first time, declared the equality of women and men.
This also meant that women were able to pass the Italian Citizenship rights to their children.
Indeed, before 1948, women were not legally considered like men: so women didn’t have the right to pass Italian Citizenship by blood.
First of all, the applicant must start to collect all information about all ancestors, starting from the Italian ones (grandparents, great-grandparents, and so on).
Then we will be able to determine your eligibility under the 1948 Italian Citizenship rule and start preparing all documents in the right way (legalizations, translations, etc.).
Then we will be able to submit the application through the Italian Court.
So there is no application through the Italian Consulate, but we can appeal the Court directly.
As you can understand, this process is very advantageous for 2 main reasons:
In most cases, the 1948 Italian Citizenship rule is the main one to allow You to claim your Italian Citizenship Jure Sanguinis through the Italian Court.
It’s the main one, so not the only one.
You can indeed submit your Italian Citizenship Application through the Italian Court in all cases you wouldn’t be able to follow the administrative path.
This year complicated a lot more the previous situation: Italian Consulates are closed and there is no way to book appointments, as they process all Italian Citizenship applications by appointment only.
So let’s think at the typical case: a Client already has all documents for applying for his/her Italian Citizenship by Descent.
He/she goes on the Consular website, and he/she discovers it’s impossible to book appointments.
You can understand, this is a violation of the right to claim Italian Citizenship right and to obtain an Italian Passport thanks to the right of blood (Jure Sanguinis).
Let’s make some examples: at this Italian Consulate in L.A., in NYC, are closed and/or suspended all appointments. It means there is no way to apply for Italian Citizenship by Descent if you are an NY resident or an LA resident.
That’s why Your Need a new Italian Citizenship Assistance Program option, and you can fill your application through the Italian Court.
You can be also interested on: Italian Citizenship 1948 Cases: The ULTIMATE GUIDE [2020]
You can be also interested on: Italian Citizenship Assistance New York: All You Need to Know
In conclusion and for being more clear: applying through the administrative path (the Italian Consulate, if you reside abroad) is the rule and there are no short ways or other different ways.
But In exceptional circumstances (so out of cases listed by the Italian Citizenship Legislation), you can avoid applying for Italian Citizenship by Descent through the Italian Consulate.
These exceptional circumstances are:
If You fall under one of these circumstances, You can hire an Italian Citizenship Lawyer like Us, and fill Your application through the Italian Court.
« How can I apply if Consulate didn’t allow me to book appointments and/or there are years and years of wait? »
Discover Why our Italian Citizenship by Descent Assistance is different and all Our tailored solutions to avoid these common Italian Consulate issues.
Read all about
The 1948 Italian Citizenship path does not necessarily mean that the process will be longer or more difficult.
Instead, it can be shorter than the Italian Consulate path, and generally, it is.
This can be actually a big advantage, to be honest: In fact, hundreds of Italian Dual Citizenship 1948 Rule have been positively judged since 2009, and the average wait time is pretty faster (1 year) than the Consulate application time (2-3years).
These types of cases are now Case Law – Which means the previous judicial judgments have strong legal authority.
We processed and still process many applications under the 1948 Italian Citizenship Rule, successfully.
Let’s see a step-by-step process on how it works through the Court Application.
STEP 1: Procurement of the supporting vital record documents
It will be necessary to retrieve all the records of birth, marriage, and death records (when applicable) of each person in your Italian bloodline.
STEP 2: Legalize all the documents retrieved
Every non-Italian document will need to bear an Apostille, which is a special authentication seal enabling a document to be used in Italy.
In Countries not part of The Hague Convention, the procedure is possible through the Legalization.
STEP 3: Certify all of the translations
Translations for documents that are not in the Italian language will need to be certified before they can be used for your 1948 Italian Citizenship application.
STEP 4: Give Power of Attorney to Us – to represent you at the Court.
As we explained above, when it comes to 1948 Italian Citizenship, you will definitely need to hire an Italian Citizenship Lawyer with relevant experience. And not every Italian attorney will have the necessary expertise or the experience to assist you in this process.
STEP 5: Sign a P.O.A. for your Italian Citizenship Lawyers
The Power of Attorney (PoA) will allow Law Firm Bersani in Italy to represent you in court for your 1948 Italian citizenship petition.
STEP 6: Send all the documents and original POAs to Law Firm Bersani
All vital record documents to support your case, as well as each necessary POA must be sent to your attorney.
*Originals of all documents mentioned are necessary – photocopies are not useable.
STEP 7: We prepare Your Application.
With all the documents, We will run through all the details of your case and prepare the actual petition to be filed in court.
STEP 8: Iscrizione a Ruolo and Hearing.
The first hearing serves just to preliminary evaluate the case.
At this time, the judge assesses the main focal points of the case and asks if any clarifications are necessary.
STEP 9: The Decision.
The final judgment is generally issued within 2-3 months from the (final) hearing.
STEP 10: Registering Yourself as an Italian Citizen
Once your citizenship is recognized with a court order, all the vital records will need to be registered in the Italian Municipality where your ancestor was born.
The actual court order is the document that will entitle you to have your records registered in Italy.
And for other post-Court steps, like AIRE registration and others.
As said, for the new Italian Citizenship Assistance Program and the 1948 Italian Citizenship Cases, You need qualified Italian Citizenship Assistance by Italian Citizenship Attorneys.
Like Us.
An Italian Citizenship Lawyer will be certainly the most prepared professional with the highest skills.
Here are 4 main reasons:
So there is no difference on which path You will take: a professional will be always to Your advantage.
« What is the best way to apply for Italian Citizenship by Descent ? »
Discover Why our Italian Citizenship by Descent Assistance is different and Our tailored solutions to avoid infinite wait time by the Consulate.
Read all about Italian Citizenship Assistance Program
The 1948 Italian Citizenship Case can be described in this way: If your Italian ancestral line includes a woman, and she had a child before 1948, You have a 1948 case.
You are entitled to apply under 1948 Italian Citizenship Rule as you have an Italian female ancestor that gave birth to a child before 1948s.
Read More about Italian Citizenship 1948 Case
There is no technically requirements – You are eligible for Italian citizenship 1948 Case if your have a female ancestor in Your line, and she gave birth to her child before 1948.
No, the process will be conducted by Us exclusively, thanks to Power of Attorney you will sign.
We will represent You in the Court application.
The Italian Citizenship Assistance Program refers to all different options You have to apply for Italian Citizenship by Descent.
It specially refers to the new Italian citizenship assistance services we offer in order to let You avoid all common issues during the Italian Passport applications.
The Italian Citizenship Assistance Program can be applied to Italian Citizenship by Descent, Italian Citizenship by Marriage and all Citizenship programs offered by Italian Government.
It’s particularly common on the Italian Citizenship Jure Sanguinis cases, as these cases are expecting more issues related to the Italian Consulates inefficiency.
No, if you’re expecting one of these issues:
No, the good news is that you have NOT to come in Italy- You have just to sign a Power of Attorney to Us, and we will handle everything for Your.
You can apply only through the Italian Court, with a Power of Attorney granted to Us.
We will represent You in Your application.
Yes, all family members that are directly descents of the italian ancestors can apply in the same petition.
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