The 1948 Route

Italian Citizenship 1948 Case

What does it mean “Italian Citizenship 1948 Case”?
When do I fall under this exceptional case?
What do I have to do?

Let’s see everything you need to know about the 1948 Route.
The way to apply for Italian Citizenship is through your maternal line.
Or, through your Italian grandmother or Italian great-grandmother. 

Do you have an Italian Citizenship 1948 Case?

Contact us!
We will check your eligibility for Italian Citizenship by Descent.
And if have a 1948 Case of Italian Citizenship.

What is the Italian Citizenship 1948 Case?

I recently heard about the Italian Citizenship 1948 cases.
But I didn’t understand what is it.
Can you please clarify?

We talked about Italian Citizenship by Descent and Jure Sanguinis.
But you have to know there’s a particular “hidden” category.
A lot of people talk about it as an Italian Citizenship loophole.

This category is today prevalent.
So, it’s essential that you clearly understand what a 1948 Case is.
And when you have an Italian Citizenship 1948 Case.
Because maybe you fall under it, without even knowing.

Why is knowing about it so important?
Well, the answer is obvious.
Your application will certainly be denied by the Italian Consulate.
Indeed, the Italian Consulates cannot process a 1948 case.

So.
What is the 1948 Italian Citizenship rule?
When You have an Italian Citizenship 1948 Case?

All it begins when you are researching your Italian heritage.
So you are starting to complete your family tree step-by-step, person by person. 

In the line, you find both males and females.
Suppose you have an Italian great-great-father.
He had your great-grandmother, and so on until you.

What is so “particular” in this example? 
You have a woman in the family line, Your great-grandmother.
And so?
Where’s the issue?

What does it mean “Italian Citizenship 1948 Case”?

This word refers to exceptional cases for applying for Italian Dual Citizenship through your Italian ancestors.
You have an Italian Citizenship 1948 Case in the following case.
When, in your family tree, you find a woman who had her child before 1948.
She can pass Italian Citizenship to her child.
But the recognition can be only set by an Italian Judge.
The Italian Consulate won’t recognize your Italian heritage.

The Italian Citizenship Laws did not recognize the 1948 cases.
Women born before the 1948s cannot pass Italian Citizenship.
If They had a child before that year, the child has no Citizenship rights.
Indeed, the Parliament proclaimed the Italian Constitution on January 1st, 1948. 

Before 1948, women had not been considered equals to men.
Only after 1948, women have the same rights as men. 

1948-case-italian-citizenship-how-to

If You have a 1948 Case, you cannot apply through the Italian Consulate. 
The Consulate applies the Law, so they will undoubtedly reject Your application.
They cannot recognize the “right of blood” before 1948.

How did the 1948 Rule begin?

I recently heard about the Italian Citizenship 1948 cases.
But I didn’t understand what is it.
Can you please clarify?

The 1912 Italian Citizenship law (the old Italian Citizenship Law) was clear.
“Only men could transfer Italian Citizenship to their kids.”
The principle set was simple.

The children could obtain Italian Citizenship through their father because he was an Italian Citizen.”

Italian Citizenship Law No. 555/1912


There was a different situation for Italian-born women.
Indeed, they were not eligible for passing Italian Citizenship to their children.
Women could not transfer Italian Citizenship to their children.

Only after the approval of the Italian Constitution in 1948, everything change.
For the first time.

The Italian Constitution declared a universal principle.
The principle of equality between men and women.


Since that moment, Italian women can transmit Italian Citizenship to their children.
But, of course, only to those born after January 1st, 1948.

Italian Consulates deny all citizenship applications because of that rule.
The applicant uses an Italian-born female ancestor born before 1948.
They apply the Law, which was never amended.

So, several applicants filed lawsuits at the Italian Courts in the past.
Asking for disapproval of these discriminatory rules.
And in 2009, a trial case challenged the above situations as discriminatory.

Those applicants falling in the above category have excellent chances to win.
And of obtaining Italian Citizenship by Descent.
This goal is now confirmed.
Italian Judicial precedents are pretty clear, and they set the following rule.
Everybody should retroactively apply the principles outlined in the 1948 Italian constitution.
Including gender equality.

So, including events that occurred before the issuance of the Italian Constitution.

Italian Courts declared that female ancestors could pass Italian Citizenship.
Here we have the 1948 Rule.

How to claim my Italian Citizenship through the 1948 route?
What Chances Do I Have To Win The 1948 Case?

The probability of attaining Italian Citizenship via the 1948 rule in Italy is exceptionally high.

Here below the most relevant reasons:

  • – Courts almost always granted Italian Citizenship 1948 Cases.
  • – The Italian Government is not representing itself in Court anymore.
    Or only in a few cases.
  • – Judges assigned to the cases were the same ones granted Citizenship in the previous issues.
    It’s valid in nearly all the new trials started recently.

However, there is no guarantee to win.
That’s a valid principle for all types of lawsuits.
But we can say there are high chances to win.

Let’s Connect!

Check with us if you have a 1948 Case of Italian Citizenship!
It’s easy, and it’s free.

How can I apply for 1948 Italian Citizenship, then?

If you fall under the 1948 Rule, you cannot apply at the Italian Consulate.
For your Italian Citizenship through your grandmother, you need to apply at the Italian Court in Rome.
There are no other ways.
Applying for Italian Citizenship by Descent through the Italian Court.

Why the Italian Court in Rome?

The Court of Rome is the competent authority if you live abroad.
You need to apply at the Italian Court in Rome for your Italian Dual Citizenship by descent.
If you fall under the 1948 route, of course.
Until June 2022, you can file the application through the Court of Rome.
After June 2022, through the new Immigration Courts, as explained here below.

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.


Starting from the 1975s, some Italian Citizenship applicants wanted to fight their cases.
They submitted an appeal at the Italian High Courts as they had 1948 Cases.
Still, these cases were formally impossible, according to the Law.


The High Courts recognized the right of Italian Citizenship by Descent.
There were women in the bloodline who had their children before the 1948s.
Courts recognized as discriminatory the different treatments between men and women.
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 the Courts, as the Italian Parliament never introduced amendments to fix this gap.


Applying for Italian Citizenship under the 1948 rule can be an advantage in terms of the wait times.
Indeed, they are potentially faster than the application submitted through the Italian Consulate.
Especially now, where most Italian Consulates are closed.
It’s impossible to book an appointment for Italian Citizenship by Descent.

The Italian Citizenship 1948 cases are becoming trending.
More people discover that they can apply for Italian Citizenship by Descent, starting from 2009.
All began when an applicant filled the first 1948 Italian Citizenship Case at the Tribunal of Rome.
The Italian Consulate rejected this applicant. So he appealed. And he won.

HOW A 1948 ITALIAN CITIZENSHIP CASE WORKS?

Let’s see how to apply for a 1948 Case.
And the requirements for using it for the 1948 case.
Let’s see the main steps of the application process.

We can summarize the 1948 route for Italian Citizenship in three main steps.

italian-citizenship-1948-case-steps
01.

DO YOUR RESEARCHES.

The most important step of the entire process.

02.

COLLECT ALL RECORDS.

All Vital Records, with legalizations and translation.

03.

THE APPLICATION OF ITALIAN CITIZENSHIP 1948 CASE.

That’s the day! Let’s see how it works.

STEP #1. DO YOUR RESEARCHES.

First, before even starting.
You have to deeply check your eligibility.
So if You can obtain Italian Citizenship through your maternal line.
Or through your paternal line, but with a woman found on the Italian bloodline.
Do not underestimate this step.

Why is this so important?
There is a common mistake that 80% of people make.


The Unicity Of The Line.


What does it mean?
You’re applying for Italian Citizenship through Your grandmother.
Or great-grandmother.
Here you have to be sure you 100% fall under a 1948 Italian Citizenship case.
The 1948 rule is a particular and exceptional situation.
You can apply only if there are no other Italian Citizenship options.
Let’s make a practical example to clarify this point better.

Case Example.
Suppose you have two different eligible lines.
The 1st line is from Your mother’s side
As an example, maternal grandfather – your maternal father – You.
Your maternal grandfather never renounced his Italian Citizenship.

The 2nd line is from Your father’s side
For example, Your paternal grandmother – Your father – You.
Your paternal grandmother never renounced her Italian Citizenship.

You may be eligible for Italian Citizenship by Descent from both lines.
That’s good!

But, pay attention.
The 1st line is an Ordinary Case through the Italian Consulate.
The 2nd line (an Italian Citizenship 1948 case).

What line may I choose?

Well, you can’t choose anything here.
Are You are eligible for multiple lines?
Then you must follow the Italian Citizenship Laws line.
And so, the 1st line.

Indeed, the 1948 Rule is not a rule set by the Italian Citizenship Law.
But it was created by the Italian Jurisprudence starting in 2009.
The Law is the Law, and it will always be prevalent.
The Italian Citizenship 1948 Cases are just “case law” set by Italian Courts.
They may be applicable only when You have no other options.

You can choose the 1948 route if:

  • The other line is not eligible;
  • You can’t find records on the other one;
  • You can’t apply for different reasons;

In concrete cases, we never saw a denial because of that.
So, you can also choose a 1948 case to be your first choice.
However, legally speaking, somebody can argue against it.


In Conclusion: When You Have An Italian Citizenship 1948 Case?

  • A “1948 Italian Citizenship case” can be processed when You find a woman in the Italian bloodline
  • When this female ancestor had a child (male or female, it doesn’t change) before 1948s
  • When the male, in the same line, is not eligible for passing Italian Citizenship by blood.
    Because he naturalized, for example.
    [OR – alternatively. ]
    When the male is eligible in the same line, but you cannot find records about him.
    So the female ancestor is the only option.
    The 1948 Italian citizenship application is the only way you have.

Let’s Connect!

Check with us if have an Italian Citizenship 1948 Case!
It’s easy, and it’s free.

STEP #2. COLLECT ALL VITAL RECORDS.

As soon as we check your case as eligible, we can start.
In this step, it’s essential to pay attention.
You have to correctly collect all relevant Vital Records and related documents.
We now synthesize a generic and straightforward document checklist as below.
Let’s see the documents needed for 1948 case.

Note:

We process each case on a “case-by-case” basis.
With a tailored and personalized strategy.
There are no “copy-and-paste” cases.
A professional will never do that.

The List below is not complete.
It has not to be considered legal advice but just as general information.
We will provide a complete list to Clients only.

  • Italian Ancestors Vital Records
  • Next in line’s Vital Records
  • Your Vital Records
  • (if You have children) Your next in line’s Vital Records
But What If I Found Some Discrepancies In The Documents?
Can I still apply for the Italian Citizenship 1948 case?


The question above is an excellent question.

It’s pretty common to find some names (first, last, etc.).
For example, You always refer to your Italian grandfather with “JOHN.”
Still, as soon as You obtain the Italian Birth Certificates, You find our authentic and original Name was “GIOVANNI.”
So now? Is my Italian Citizenship application in trouble?
Don’t panic.
Depending on the complexity of the issue, there are different solutions.
Let’s take two examples: “Case #1” and “Case #2”.

Case #1. You Find A Minor Discrepancy.

It’s the better scenario and also the most common.
Let’s use the same example above.
You always refer to your Italian grandfather with the name “JOHN.”
Still, as soon as You obtain the Italian Birth Certificates, You find our authentic and original Name was “GIOVANNI.”

It is a non-critical case.
The spelling is different, but John is the English translation of Giovanni.
You may be successful if all other Vital information can be associated with the same person.

Case #2. You Find A Big Discrepancy.

It is the worst-case scenario.
Let’s see an example:
You always refer to your Italian grandfather with the name “BEN.”
Still, as soon as You obtain the Italian Birth Certificates, You find our authentic and original Name was “ANTONIO.”
There is no relation between Antonio and Ben.
So what can I do to fix it?
The most common way to fix a discrepancy is to contact the Vital Record office.
They can amend the Certificate
.

If the Vital Record office can’t fix or amend the discrepancy, you need a Court order.
You need to fill a petition at your local Court called “One and the same person Court order.”
The Judge will certify the identity and will order the Office to amend.
This one is the only way to be 100% sure to amend the certificates.

STEP #3. THE APPLICATION OF ITALIAN CITIZENSHIP 1948 CASE.

Your Day! That’s the day.
You collected all documents and fixed them (when necessary).
We can finally start and submit the Italian Citizenship 1948 Case at the Italian Court.
There’s no need for You to come To Italy.
Thanks to the Power of Attorney, we will handle everything for You as your Italian Citizenship lawyer.

What Are The Steps Of The 1948 Italian Citizenship Case At The Italian Court?
We can describe a 1948 Case at the Italian Court with five main steps.

  • We file the Italian Citizenship application at the Court.
  • We will register your 1948 Case at the Italian Court in Rome, with the so-called “Iscrizione a Ruolo.”
  • Preparation of the 1948 Italian Citizenship procedure.
    A judge will be nominated and assigned to your case.
    Then, we will notify our Court Appeal at the Italian Ministry of Internal Affairs.
  • The Hearing.
    That’s the day at the Court – the Judge will evaluate Your 1948 Case and check all documentation.
  • Final Decision.
    The Judge will check all the documents.
    If everything is correct, he will recognize your right to obtain Italian Citizenship by descent.
    He will also order the Italian authorities to acknowledge you as an Italian Citizen.

ITALIAN CITIZENSHIP 1948 CASE – FAQ.

Below are the most Common Questions about Italian Citizenship 1948 Cases.
See the simple List of Italian Citizenship by Descent FAQ we prepared.

Do I have to come to Italy for my application for the Italian Citizenship 1948 Case?

No, the process will be conducted by Us exclusively.
Thanks to the Power of Attorney you will sign.
We will represent You in the Court application

Can I apply for Italian Citizenship through my grandmother?

Yes, you can.
Did your grandmother have her child before 1948?
Then, you can apply through the Court, as a 1948 case.
If she had her child after 1948, you can apply too.
In that case, you have an ordinary application.
Through the Italian Consulate.

Is there an Italian Citizenship 1948 Case every time there’s a woman?

No, not necessary.
Only if the woman had her child before the 1948s.
If she had her child after 1948, you have an ordinary case.

Do I have to come to Italy for applying for a 1948 case of Italian Citizenship?

No, you do have not to come to Italy.
We can represent you through a Power of Attorney.
So, we can file your application for Italian Citizenship by descent.

Can my family members join the Italian Citizenship 1948 case, together with me?

Yes, they can.
If they share the same Italian heritage, so the same Italian bloodline.
In this case, they are descendants too, so they can join the petition.
We can prepare a Power of Attorney for them too.

What is the Italian Citizenship 1948 rule?

The 1948 rule is the principle of law that allows you to apply in exceptional situations.
Typically, when you’re applying through the maternal line.
You have a “1948 Case Italian Citizenship” when a woman had her child before 1948.
The 1948 rule concerns the paths that may guarantee Italian citizenship jure sanguinis to those who have female ancestors.
The 1912 Citizenship Act stated that only men could transfer Italian citizenship to their children, not women – and it was challenged by the Italian Court in 2009 (successfully).

Where do I have to file my 1948 case?

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.

How much does a 1948 case cost? How much does a 1948 case Italian citizenship cost?

We offer tailored services for each 1948 case.
Services start from 7,900 Euro plus taxes, as you can also see on our Italian Citizenship assistance cost webpage.

Do I Need a 1948 rule Italian citizenship Lawyer for filing my application?

Yes, only an Immigration lawyer, who specialized in Italian Citizenship processes, can file your petition for Italian Dual Citizenship by descent, under the 1948 rule.

How long does a 1948 case take?

A 1948 case may take up to 2 years for being processed.
Once the petition has been filed by your Italian Citizenship Lawyer, the case will be protocoled at the Court.
Then, the case will be assigned to a judge – generally, in around 40 days.
Then, the Judge will schedule the first hearing.
The waiting time for that hearing date varies greatly depending on the judge’s Agenda, but it is generally not less than 12 months.

What is the 1912 rule for Italian citizenship?

The 1912 Rule for Italian Citizenship refers to all changes in Italian Citizenship that occurred before the 1912s.
For example, if your Italian ancestor naturalized as U.S. Citizen before 1912.
The rule says that the ancestor cannot transmit Italian Citizenship if he naturalized before 1912.
But – this rule can be challenged at the Italian Court.

Let’s Connect!

Check with us if you qualify for Italian Citizenship 1948 case through Descent! It’s easy, and it’s free.

Why us for your Italian Citizenship 1948 case


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