Italian Citizenship through Descent

How to get Italian Citizenship by Descent

The Full Guide you need.
Understand how to get Italian Citizenship by descent.

Doyou want to get Italian Citizenship through your Italian descent?
Let’s see all options, Requirements & What to Do (and Not to Do!).

How to get Italian Citizenship by Descent?

Contact Us now!
We will check your Family Chart. It’s free.

What does it mean Italian Citizenship by Descent?

Looking for How to get Italian Citizenship by descent?
It’s essential to have clear in mind one thing.
How the process of getting Italian Citizenship Jure Sanguinis will be. 

It’s is a particular way to obtain an Italian Passport.
And without coming to Italy and moving for a long-term period.

More than 50% of applications for Italian Citizenship by Descent may be decided in Italy.
But, it doesn’t mean you have to come here.

The Italian Citizenship by Descent is an Italian Citizenship program.
The first one created by the Italian Government.

It allows a person to apply just for having an Italian parent in the family bloodline.

So, suppose You have Italian ancestors in Your family heritage
In that case, you may be eligible for applying on Italian Citizenship Jure Sanguinis.

You will now understand how to get Italian Citizenship by Descent.
And which options You have, and the best choice for You.

How to get Italian Citizenship by descent with the “Jure Sanguinis”?

Jure Sanguinis is a Latin word that means “right of blood.”
We refer to applying for Italian Citizenship through Descent.
It’s common to use the “Jure Sanguinis” word as a synonym of the process.
Jus Sanguinis and Italian Citizenship by Descent are synonymous.
If you were searching how to get Italian Citizenship by descent, the Jure Sanguinis is the way to do that.


Why “How to get Italian Citizenship by Descentis so trending on Google search?

How to get Italian Citizenship?
Do You know you can get an Italian Passport of your Italian Descent?

Vast numbers of people were getting Italian Citizenship by Descent
Especially from last years.

Italy has different ways to obtain an Italian Passport.
So why is getting an Italian passport through descent requested?

Why are getting Italian Citizenship through Italian GrandfatherGrandmother, or Great-Grandparents trending? 

There are different answers to these questions.

 Let’s see some numbers for the official Italian Government statistics.
And European Italian Citizenship data.
You’ll better understand how to get Italian Citizenship by Descent

Below are the Statistics about monthly applications in the United States.

italian-dual-citizenship-statistics
As you can notice from the Graph, there is too much request for Italian Citizenship by Descent (purple line) than the actual capacity of the Italian Consulates (Blue line).

Italian Citizenship by Descent is the fastest way to get an Italian Passport and Italian Dual Citizenship. 

Italian Citizenship by Descent is the fastest way to obtain Italian Citizenship (theorically).
Comparing all Italian Citizenship programs designed by the Italian Government

Suppose you have an Italian grandfather or grandmother.
Or Italian great-grandfather or great-grandmother (and back with other generations). 

In that case, You may apply for Italian Citizenship by Descent.
Also if You may be eligible for other programs.

Why did you say theoretically speaking, in the first sentence?

Italian Citizenship Law 91/92 regulated how to get Italian Citizenship by Descent. 

It declares that Italian Citizenship by Descent’s maximum processing time must be 2 Years. 

In concrete – if You apply with the Italian Consulate – these terms are constantly violated.
In some countries, you have like 9-10 years wait time!. 

Below is the scheme showing the different wait times between the Italian Consulates/Comune.
Or the Italian Court.

how-to-get-italia-dual-citizenship-statistics
You see how many people are looking for how to get Italian Citizenship by descent.

As you can notice from the Graph, Italian Citizenship by Descent wait time through the Italian Consulates has increased exponentially. 
Especially in 2020 because of Covid-19 (with most Italian Consulates closed).

That’s why people are moving to apply for Italian Citizenship Jure Sanguinis at the Italian Court.


Italian Citizenship by Descent is the fastest way to get Dual Italian Citizenship, but not always the easiest. 

Don’t’ be scared by this sentence.

Before reading how to get Italian Citizenship by Descent, You also need to know why sometimes You need a tailored strategy on Your case. 

And so – Why it’s essential to get assistance from qualified Italian Citizenship Lawyers
In some cases (very often), You have not to apply at the Italian Consulate.
Or simply, You can’t. 

How to get Italian Citizenship by descent if you cannot book your consular appointment?

There are two main circumstances when you cannot apply through the Italian Consulate.

1. The 1948 Cases of Italian Citizenship

Do you know what is a “1948 Case”? 

Suppose you are researching your ancestry.
Then You find a woman in Your Italian bloodline.
She had her child born before 1948s.
Here you have a “1948 Italian Citizenship Case “.

Let’s make an example.

Suppose Your grandmother had Your father before January 1, 1948. 
In that case, You could not apply at the local Italian Consulate. 

Still, you have to apply for Your Italian Citizenship directly at the Italian Court.
You can give us Power of Attorney to file your case, as Italian Citizenship Lawyers.

The 1948 Italian Citizenship cases are becoming trending. 

More people are discovering that they can apply for Italian Citizenship by Descent.
It’s possible since 2009.
When an applicant filled the first 1948 Italian Citizenship Case at the Italian Court in Rome.


2. If you cannot have an appointment at the Italian Consulate in less than 2 years.

You have the right to apply for Italian Citizenship by descent.

Always.
There are no exceptions to this rule, set by the Italian Citizenship law.

Didn’t the Italian Consulate allow you to book an appointment?
So it was impossible for you applying for Italian Citizenship by descent?
You can fight your case at the Italian Court.

It’s not a bet.
There’s a massive jurisprudence on this matter.

We recently talked about it in the following article below.

italian-citizenship-by-descent-contact-us

Let’s Connect!

Check with us if you qualify for Italian Dual Citizenship through Descent!
It’s easy, and it’s free.

How To Get Italian Citizenship by Descent?

The 3 ways to apply.

how-to-get-italian-citizenship-by-descent-ways
01.

ITALIAN CONSULATE

How to Get Italian Citizenship by Descent through the Italian Consulate?.

02.

ITALIAN COMUNE

How to Get Italian Citizenship by Descent through the Italian Comune?

03.

ITALIAN COURT

How to Get Italian Citizenship by Descent through the Italian Court?
When can I file through the Court?

1. How to get Italian Citizenship by Descent at the ITALIAN CONSULATE.

When you ask yourself that question, the first answer may be the following.
The Administrative office is competent for taking care of it.

Italian Consulate is the Italian Administrative Office which represents the Italian Government abroad.
Or the Italian Embassy, depending on your Country.

Applying for an Italian Passport through your Italian ancestry is a task of the Consular Office.
For applicants living outside Italy.

Pay attention.
Italian Consulate operates on a discretional basis. 
It seems strange to say – we agree – but that’s true. 
As the rules of Italian Citizenship Jure Sanguinis are the same, it not necessary all the Italian Consulates will act in the same ways.

It’s important to specify it.
The response to the “how to get Italian Citizenship by Descent” question may not be the same for every case.

So, the first thing to do is the following.
Visit the local Italian Consulate to check what documents they ask for and in which form. 

We assist You on all Citizenship Program set by the Italian Government.
In particular, the so-called (depending on what Google suggest you):

Italian Dual Citizenship

Italian Citizenship by Descent  (Italian Citizenship Jure Sanguinis).

2. How to Get Italian Citizenship by Descent at the ITALIAN COMUNE.

Another way to apply for Italian Citizenship is to come in Italy.
Submitting the Italian citizenship application to the Italian Municipality (called Italian Comune).
You can do that as a resident in Italy.

Many years ago, this way was trending.
Applicants wanted to relocate to Italy while waiting for Italian Citizenship by Descent application

And there is somebody still advising on this way.
But pay attention to this options!
It can be hazardous if you take this path to avoid ordinary ways.

You can choose to apply to the Italian Comune ONLY if you want to come to Italy.
And stay in Italy for the long term. 
If you want to apply in Italy just to avoid the Consulate, it’s only one thing.
A fraud.

Indeed, you need first to be an Italian resident for this application.

So You need (if you are a non-EU resident) a VISA (short or long-term).
Then come into Italy and apply for a residence permit*.

*You can also with just a Tourist Visa (when needed), but we don’t recommend it.

Without this step, You won’t be able to apply at the Comune. 
Pay attention to another thing.
If you are an Italian resident, You risk being considered an Italian tax resident. 

Your extended stay may be considered a “trick” to avoid the legal path.
It may have severe and harmful consequences.

Pay attention if somebody will advise you on this path as a quick and no risk path:

  • If you follow to avoid the Italian Consulate, it’s just a trick.
  • It may be considered a fraud.
  • It’s not legal if the purpose is to avoid the Consulate.
  • You seriously risk a lot

That’s one of the reasons You need the help of qualified Italian Citizenship Lawyers.

We can assist You on all Citizenship Program set by the Italian Government.
In particular, the so-called (depending on what Google suggest you):

Italian Dual Citizenship

Italian Citizenship by Descent 

3. HOW TO GET ITALIAN CITIZENSHIP BY DESCENT at the ITALIAN COURT.

Well, this is interesting.
And it’s also the most trending way when looking for how to get Italian Citizenship by descent.

There’s another way to apply for Italian Citizenship by Descent.
To submit the Italian citizenship application to the Italian Court.

We refer to the Tribunal of Rome as the competent one.
[UPDATE 2022 -see Below the new competent Tribunals]

2022 UPDATE. PAY ATTENTION.

A New Rule in force from June 2022.
It’ll be valid for 1948 cases of Italian Citizenship. 

And for all Italian Citizenship applications through the Italian Tribunal.

You can apply for the 1948 Case through the local Immigration Court.

Based on where your Italian ancestor was born.

The Italian Government introduced this new rule in November 2021.

Law 26 November 2021, n. 206, has provided (with art. 1, paragraph

37) the following new rule.

When the plaintiff resides abroad, disputes regarding the ascertainment of the status of Italian Citizenship are assigned having regard to the municipality of birth of the father, mother, or ancestor of Italian citizens.

The provisions apply to proceedings initiated from one hundred and the eightieth day following the date of entry into force of this law “.

It means that all Italian Citizenship by descent applications won’t pass through the Court of Rome. 

As it happened until today.  

It may also be beneficial for new applicants. 

Indeed, the processing time may be lower than before.

Applying through the Italian Tribunal is becoming widespread.
Because the traditional methods to apply for Italian Citizenship by Descent expect vast application.

It is a massive problem for all Italian Citizenship applications. 

Suppose the Italian Consulates cannot handle vast amounts of applications. 
In that case, all applicants cannot submit their applications at the Italian Consulate.

The problems are increasing.
Especially after the Covid-19 pandemic, as most Consulates closed or suspended appointments.

It’s, in other words, a violation of the right to claim an Italian Passport by Jure Sanguinis

So people are now moving to apply through Italian Court.
How to get Italian Citizenship by descent this way? Is it a secure way?

Several case laws from the Italian jurisprudence recognized Italian Citizenship by Descent.
Applicants who demonstrate they cannot book appointments will win their cases.

The same if they cannot have an appointment at the Consulate before two years of wait.



So how to get Italian Citizenship by Descent through the Court? 
In the particular circumstances listed above, You can claim Your Italian Citizenship through the Italian tribunal.

We also talked about this Court option here below.

HOW TO GET ITALIAN CITIZENSHIP BY DESCENT?

MOST COMMON CASES.


CASE #1. THE ADMINISTRATIVE PATH.

For the moment, one path is still prevalent.
The most common way to get Italian Citizenship by Descent is following the administrative path. 

By “administrative path,” we refer to following the normal path.
Submitting the Italian Citizenship application to the Administrative Office where you are formally resident. 

So, if you are an Italian resident, we refer to the Comune.

If you are resident abroad, we refer to the Italian Consulate under its jurisdiction you live.

How to find the right Italian Consulate?
Can I Apply at the Italian Consulate I prefer?
What’s the rule?

The rule is apparent. You have to apply at the Italian Consulate under its jurisdiction. 

Where You Live, so where You are formally resident. 

Generally, Italian Consulates indicate their jurisdiction on their web pages.
Let’s see an example.

According to the Italian Embassy of DC, the Italian Consulate of Boston will evaluate applications for those in Maine, Vermont, etc.

There is no exception to this.

If You live in Maine, You have to apply at the Italian Consulate of Boston.
You cannot choose the Italian Consulate in NYC, Philadelphia, or wherever you want. 

“But the Italian Consulate in NY has a faster wait time! I want to go there!”

No.
In that case, You have to find other solutions.
Like applying at the Italian Court with Us as Your Italian Citizenship attorneys.


CASE #2. THE 1948 ITALIAN CITIZENSHIP CASE.

It is the most compelling case on all Italian Citizenship programs.

We deeply analyzed them on the dedicated page of the “Italian Citizenship 1948 Case“.
These cases are pretty recent, as, before 2009s, these processes didn’t exist.

Only after the 2009s, for the first time, did the 1948 Cases start.
When the Italian Supreme Court recognized Italian Citizenship through the maternal line.

And you can imagine what happened.
All people who – before 2009 – got a rejection by the Italian Consulate, started to apply again.
At the Italian Court, claiming their 1948 case.

See also the official statistics from the Italian Court.
There are also huge numbers on the 1948 Italian Citizenship Cases.
As we said, if you were looking for how to get Italian Citizenship by descent through the 1948 rule, you need to apply with an Immigration Attorney.

italian-citizenship-by-descent-contact-us

Let’s Connect!

Check with us if you qualify for Italian Dual Citizenship through Descent!
It’s easy, and it’s free.

Frequently Asked Questions on how To Get Italian Citizenship by Descent.


HOW TO GET ITALIAN CITIZENSHIP BY DESCENT?

You can get Italian Citizenship by Descent in different ways.
What matters is how you can claim it.
Discover what are the Best Italian Citizenship Assistance Program for You.
Or read more about the Italian Citizenship Jure Sanguinis or the Italian Citizenship 1948 case.

WHAT IS THE ITALIAN CITIZENSHIP ASSISTANCE PROGRAM?

The Italian Citizenship Assistance Program refers to all different options.
You have to apply for Italian Citizenship by Descent. 
It mainly refers to the new Italian citizenship assistance services we offer to avoid all common issues during the Italian Passport applications.

WHAT CASES CAN BE PROCESSED UNDER THE ITALIAN CITIZENSHIP ASSISTANCE PROGRAM?

The Italian Citizenship Assistance Program applies to Italian Citizenship Jure Sanguinis.
To Italian Citizenship by Marriage.
And all the Italian Government offers.
It’s prevalent in the Italian Citizenship Jure Sanguinis cases.
These cases expect more issues related to the Italian Consulate’s inefficiency.

AM I OBLIGED TO APPLY THROUGH THE ITALIAN CONSULATE WHEN APPLYING FOR ITALIAN CITIZENSHIP JURE SANGUINIS?

No, if you’re expecting one of these issues:
– It’s impossible to book appointments at the Italian Consulate;
– The consulate gave you more than two years of wait time;

SUPPOSE I HIRE YOU FOR THE ITALIAN CITIZENSHIP JURE SANGUINIS ASSISTANCE THROUGH THE COURT. DO I HAVE TO COME TO ITALY?

No, the good news is that you have NOT to come to Italy.
You sign a Power of Attorney to Us.
And we will handle everything for You.

WHAT IS AN ITALIAN CITIZENSHIP JURE SANGUINIS CALLED “1948 CASE”?

The Italian Citizenship Jure Sanguinis called the “1948 Italian Citizenship Case” can be summarized below.
 If your Italian ancestral line includes a woman who had a child before 1948, You have a 1948 case.

Where do I have to file my Italian Citizenship application through the Court?

There will be a new rule from June 2022.
You can apply for the 1948 Case through the local Italian Immigration Court.
Based on where your Italian ancestor was born.
The Italian Government introduced this new rule in November 2021.
Law 26 November 2021, n. 206, has provided (with art. 1, paragraph
37) the following new rule.
When the plaintiff resides abroad, disputes regarding the ascertainment of the status of Italian Citizenship are assigned having regard to the municipality of birth of the father, mother, or ancestor of Italian citizens.
Until June 2022, the competent Court will remain the Italian Tribunal of Rome.

Why us for your Italian Dual Citizenship by Descent


Featured on

msn-news-bersani-law-italian-citizenship

5/5 Stars Trusted services on Google Business Reviews

Scroll to Top