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no one tells You for solving!

Is it possible to Solve the Italian Citizenship 1912 Rule?

Italian Citizenship by Descent 1912 Rule:

What to do if one of my ancestor naturalized before 1912 Rule?

Italian Citizenship 1912 Rule: Let's start from the beginning.

Let’s start with a necessary specification.

There were no Italian citizens prior to 17 March 1861, because Italy did not exist as a nation.

Thus the oldest Italian ancestor in any jus sanguinis citizenship application must have been still alive on or after that date.

Any child born to an Italian citizen parent is ordinarily born an Italian citizen, with the following caveats:

– If the child was born before 15 August 1992, the Italian parent ordinarily must not have naturalized as a citizen of another country before the child’s birth.

To qualify, the Italian ancestor in your bloodline must have been alive on or after 1861.

So, what we have to clarify is: 

“How Italian Citizenship was regulated from 1861 to 1912?” 

That’s the Italian Citizenship 1912 Rule.

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What does that mean for your Italian Citizenship 1912 Rule Case?

Are there any exceptions to Italian Citizenship 1912 Rule?

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What You can read on internet is:

“Italian citizens naturalized before July 1, 1912, cannot transmit Italian citizenship.

There are exceptions to the 1912 rule.

  • The child must not have been a minor at the time of naturalization.

Indeed, the past Law said that the naturalization means Loss of IT Citizenship.

But, if the child was minor at that time.

The child’s Italian citizenship could survive the parents’ loss of citizenship.  

It survived the loss if he or she reached legal adulthood before the parent’s naturalization.

That is age 21 before 10 March 1975 and age 18 after that.

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Are there any solutions for the Italian Citizenship 1912 Rule?

If you are lucky, if you can take advantage of the exception explained above and repeated here:

(The child’s Italian citizenship could survive the parents’ loss of citizenship.  

It survived the loss if he or she reached legal adulthood before the parent’s naturalization.)

If this is not the case, we can evaluate with you some different solutions

Some can be sure, some others can be a little risky. 

 

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Solution #1: The 1948 Rule for solving Italian Citizenship 1912 Rule

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As we already talked in this article, the Italian Citizenship 1948 Case Rule can be in our help.

What is that? 

And why it can solve our 1912 rule issue?

If your Italian ancestral line includes a woman, you should first check if your female ascendant gave birth to her child before or after 1948.

  •  If she gave birth before 1948 – it was not possible for women to transfer Italian citizenship to their children.
    The reason is that Italian women did not have the same rights as men before 1948.

  • If your female ancestor gave birth during or after 1948 – Italian women were able to pass down Italian citizenship on January 1st, 1948.
    Due to this “new” set of rights, any child born to an Italian-born woman, can be considered able to receive Italian citizenship at birth.


So, for example, your great great-grandmother had her child in 1900. 

If we cannot use the father-line because of 1912 rule, we can use the female-line because of the 1948 case.


If your case falls into the “Italian Citizenship 1948 Rule” (well know as Italian Citizenship Maternal Line 1948),

you will need to pursue Italian citizenship through Italian Court. 

We can assist You on this process for a complete Italian Citizenship Assistance.

Solution #2: Italian Citizenship 1912 Rule and Ius Soli Rule.

Beware on one point that most people forget. 

Italian Citizenship 1912 Rule has different exception, as described above.

But, we have to consider another point.

The rule of loss of Italian Citizenship because of 1912 Rule do not apply on children born on a Ius Soli Country, like US for example.

What it means?

If a child was born in US from Italian parents, it means that he was, immediately because of birth, US Citizen. 

And, because of ius sanguinis, Italian Citizen. 

If the father, later, naturalized US Citizen, the minor children didn’t lose his/her italian citizenship. 

Solution #3: Italian Citizenship 1912 Rule through Italian Court

As we already talked in this article, Italian Citizenship by Descent cases can be speed up thanks to Italian Courts.

But appealing an Italian Court can be also useful on these cases.

Some decades ago, Italian Courts declared as inconstitutional some parts of the 555/1912 Citizenship Law.

These parts were indeed considered as Discriminatory for women, as their Italian Citizenship was considered lost because of marriage.

Briefly , the principles were: it’s a discrimination that women lost their italian citizenship because they were considered inferior than men.

So, why do not apply the same principles in the father-son relationship? 

The pre-1912 Law (Civil Code of 1865) Stated that “minor children will follow the citizenship of the father”.

We think that this legislation can be sindacate through the Courts.

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General Advises before applying for Italian Citizenship by Descent

1. Assistance by Italian Dual Citizenship Lawyers & Attorneys.

 

One of the best ways to Boost  Italian Citizenship by Descent processing time is to enlist the help of Citizenship experts. 

Also if You will choose to follow the ordinary administrative way, Professional Assistance will be always in your advantage.

Choose well your expert: an Italian Citizenship Lawyer will be certainly the most prepared professional with highest skills.

Here are 5 main reasons:

  • Professional service providers know how to best position you for success
  • Due to their in-depth knowledge of the system, they know exactly what to do at each stage
  • Experience has given them an edge when it comes to compiling the necessary documents
  • They can direct you to Consulates or Comune that are known for faster turnaround times (so Boost Italian Citizenship by Descent too)
  • If there are any issue and/or You need to appeal against Consulate, we can do it.

If your time is valuable to you, then getting help from professional service providers is the best route for you if you want to ensure your Italian citizenship processing time is kept to a minimum.

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2. Organize Yourself.

 

One thing that can boost Italian citizenship by Descent processing time is to focus on organization.

No matter which route you pursue in applying for your Italian citizenship.

You will need to gather a lot of documentation to back up your claims and support your bid for Italian citizenship.

This can be overwhelming in terms of the number of documents you need, but it can also be difficult due to the processes required to get them.

For example, certain states only allow the persons named on the birth certificate to get that record.

Getting it right the first try saves time.

You will also need to understand the unique requirements for each.

For example, some documents will have to be originals accompanied by an apostille, while for others such as naturalization records, certified copies will suffice.

Note, however, that if you are applying in Italy and not at a consulate, all non-Italian documents will require apostilles.

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Do You Think to be eligible for Italian Citizenship Application?  

or through Italian Citizenship 1948 case?

 or through naturalization by way of marriage or residency?

Contact Us! 

We assist EU and non EU citizens with immigration and visa matters, as well as  residence registrations.

We offer a comprehensive service tailored to the needs of each case. All cases listed here

Our services include advice on immigration law, cross-border implications related to Italian Dual Citizenship, Investor Golden Visa Italy.

(See also here for Investor Golden Visa benefits).

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