ITALIAN CITIZENSHIP 1948 CASE
What is the so-called “1948 Case Italian Citizenship“? When I have a 1948 Case and How can I apply for an Italian Citizenship under the 1948 Rule?
Let’s see everything you need to know about the 1948 Route – the way to apply for Italian Citizenship through your maternal line / through your Italian grandmother or Italian great-grandmother.
WHAT IS 1948 ITALIAN CITIZENSHIP?
This category is prevalent, and it’s essential that you clearly understand What a 1948 Case is and When you have an Italian Citizenship 1948 Case.
Why is that so important? Well, the answer is very clear: Your application will be certainly denied by the Italian Consulate, as the 1948 cases cannot be processed through a local Consulate!
So: What is the 1948 Italian Citizenship rule? When You have an Italian Citizenship 1948 Case?
All it begins when you are doing your researches about Your Italian heritage, and so you are starting to complete your family tree step-by-step, person by person.
In the line, you find there are both males and females people: for example, You have an Italian great-great-father, who had your great-grandmother, who had your grandfather, then your father, then You.
What is so “strange” in this example?
You have a woman in the family line, Your great-grandmother. And so? Where’s the issue?
Italian Citizenship Laws did not recognize women born before 1948s and had a child before 1948s to pass Italian Citizenship.
This is related to the fact the Italian Constitution was created on January 1st, 1948, and only after this date were women granted the same rights as men.
And that’s why if You have a 1948 Case on Italian Citizenship, You cannot apply through the Italian Consulate, as the Consulate will certainly reject Your application, as the Consulate applies the Law.
You may be interested in reading also this
- How to Become an Italian Citizen Through Ancestry Americans and foreigners can obtain Italian Citizenship by descent through a relatively “simple” legal process. Learn how to get Italian citizenship by descent here.
- ITALIAN CONSULATE CITIZENSHIP APPOINTMENT [in 2021 & 2022]Italian Consulate Citizenship Appointment [2021 & 2022 GUIDE]. How to Apply for Italian Citizenship if there’s no Italian Consulate Citizenship appointment?
HOW DID THE 1948 RULE BEGIN?
Under the 1912 Italian Citizenship law (that is the precedent old Italian Citizenship Law), only men could transfer Italian citizenship to their kids (male or female).
The principle was simple: the children were able to obtain Italian Citizenship through their father because he was an Italian Citizen.
The different situation for Italian-born women: they were not eligible for passing Italian Citizenship to their children.
Under the 1912 Italian law, women were NOT able to transfer Italian Citizenship to their children.
Only after the approval of the Italian constitution in 1948, Italian women were able to transmit Italian citizenship to their children, but only to those born after January 1st, 1948.
This because the Italian Constitution declared, for the first time, the principle of equality between men and women.
Italian consulates deny all citizenship applications because of that rule: the applicant uses an Italian-born female ancestor whose child was born before 1948.
They apply the law.
But here the good news: several applicants started to file lawsuits at the Italian Courts, asking for disapproval of these discriminatory rules.
And more than ten years ago, a trial case challenged the above situations as discriminatory and unjust.
Those applicants who have an issue falling in one of the above categories have excellent chances of obtaining Italian citizenship by Descent.
This goal is now confirmed.
Judicial precedents state the principles outlined in the 1948 Italian constitution (including gender equality) should be applied retroactively, including events that occurred before the issuance of the Italian constitution.
Following this principle, Italian Courts declared female ancestors could pass Italian citizenship. Here we have the 1948 Rule.
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 for the following reasons.
– Courts almost always granted Italian citizenship in the 1948 Cases.
– The Italian government is not representing itself in court anymore (or only in few cases).
– in nearly all the new trials started recently, the judges assigned to the cases were the same ones granted citizenship in the previous issues.
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.
HOW CAN I APPLY FOR 1948 ITALIAN CITIZENSHIP, THEN?
Ok, so: if I fall under the 1948 Rule, I cannot apply at the Italian Consulate for my Italian Citizenship through my grandmother.
The solution is to apply for Italian Citizenship by Descent through the Italian Court.
Why the Italian Court?
Starting from the 1975s, some Italian Citizenship applicants submitted an appeal at the Italian High Courts as they had a 1948 Casebut these cases were formally impossible, according to the 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 only 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 to fix this gap.
According to the EU official statistics of Italian citizenship acquisition, applying for Italian Citizenship under the 1948 rule can be an advantage in terms of the wait times, so don’t worry if You fall into this category!
The 1948 Italian Citizenship cases are becoming really trending, as more people are discovering that they can actually apply for Italian Citizenship by Descent, starting from 2009, when the first 1948 Italian Citizenship Case was filled at the Italian Court in Rome, according to statistics on acquisition of Italian Citizenship from Italian Government
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HOW A 1948 ITALIAN CITIZENSHIP CASE WORKS?
Let’s see How to apply for a 1948 Case and the requirements of this particular Italian Citizenship application.
With a special look to some interesting and unique tips.
STEP #1. DO YOUR RESEARCHES
First of all, before starting with anything, we have to deeply check if You may be entitled to obtain Italian Citizenship through your maternal line – or Your male line, but with a woman inside the bloodline.
Do not underestimate this step – Why is this so important?
There is a common mistake that 80% of people make, and it seems almost nobody knows about it.
The Unicity Of The Line.
What does it mean?
When You have to apply for Italian Citizenship through Your grandmothers or great-grandmother, or You find out there is a woman in the male bloodline, You have to be sure You 100% fall under a 1948 Italian Citizenship case.
As the 1948 Rule is a particular and exceptional situation, this means You can apply this only if there are not any other Italian Citizenship options.
Let’s make a practical example to clarify this point better.
Case Example No. 1
You discover to have 2 different eligible lines.
The 1st line from Your mother’s side (i.e., Your maternal grandfather – your maternal father – You). Your maternal grandfather never renounced his Italian Citizenship.
The 2nd line from Your father’s side (i.e., 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: what line may I choose? The 1st line (that is an Ordinary Case through the Italian Consulate) or the 2nd line (that is a 1948 Italian Citizenship case)?
Well, you can’t choose anything here.
When You are eligible from multiple lines, you HAVE to follow the line which the Italian Citizenship Laws recognize. And so, the 1st line.
As we said, indeed, the 1948 Rule is not a rule set by the Italian Citizenship Law but created by the Italian Jurisprudence starting from 2009.
The answer is: as the Italian Citizenship 1948 Cases are just “case law” set by Italian Courts, they may be applicable only when You have not other options. And so, as I also have a case set by the Law, this one is privileged.
In Conclusion: When You Have A 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 exact line, is not eligible for passing Italian Citizenship by blood (i.e. he naturalized)
[OR – alternative ] When the male, in the same line, is eligible, but you cannot find records about him (so the female ancestor is the only one to be eligible for being used into the 1948 Italian citizenship application)
STEP #2. COLLECT ALL VITAL RECORDS
As soon as we checked, Your case is precisely an eligible case under the Italian Citizenship 1948 Rule so that we can start.
In this step, it’s essential to collect all relevant Vital Records and related Documents and do that correctly.
We now may synthesize a generic and straightforward checklist of the document as below.
Wait A Second.
The List below is not complete, and it has not to be considered legal advice but just as general information.
A complete List and specific Legal advice will be provided to Clients only – 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
“But What If I Found Some Discrepancies In The Documents?”
The question above is an excellent question, and nobody tells You about it until it happens [and it may be late!].
It’s pretty common, especially from the U.S., to find some names (first names, last names, etc.).
For example, 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.”
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”.
Case #1. You Find A Minor Discrepancy.
This is the better scenario and also the most common.
Let’s see the example above: 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 authentic and original name was “GIOVANNI.”
This is a non-critical case: the name is formally spelled differently, 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.
This is the worst-case scenario.
Let’s see an example: You always refer to your Italian grandfather with the name “BEN,” but as soon as You obtain the Italian Birth Certificates, You find our the authentic and original name was “ANTONIO.”
This is no relation between Antonio and Ben.
So what I can do to fix it?
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 “the same person Court order.”
STEP #3. THE APPLICATION OF ITALIAN CITIZENSHIP 1948 CASE.
That’s the day. Your Day!
After we finish collecting all documents and fixing 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 – we will handle everything for You, thanks to the Power of Attorney You already signed and sent to Us as your Italian Citizenship Lawyers.
What Are The Steps Of The 1948 Italian Citizenship Case At The Italian Court?
A 1948 Case at the Italian Court can be divided into four main steps.
1.The Italian Citizenship application is submitted at the Court.
Your 1948 Case will be registered at the Italian Court in Rome, with the so-called “Iscrizione a Ruolo.”
2. Preparation of the 1948 Italian Citizenship procedure.
A judge will be nominated and assigned to your case. Then, we will have to notify the Application and the Court Appeal at the Italian Ministry of Internal Affairs (that may participate).
That’s the day at the Court – the Judge will evaluate Your 1948 Case and check all documentation.
4. Final Decision
The Judge will recognize Your right to obtain Italian Citizenship by descent and order the Italian authorities to acknowledge all applicants as Italian Citizens.
To finalize the Italian Citizenship, we will assist You on several steps required, ss as the Court Decree alone will not automatically recognize your Italian Citizenship.
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ITALIAN CITIZENSHIP 1948 CASE – F.A.Q.
Most Common Questions about Italian Citizenship 1948 Cases and a simple list of Italian Citizenship by Descent FAQ we prepared for Clients who aim to start a 1948 application for Italian Citizenship.
So, Let’s Summarize The so-called “Italian Citizenship 1948 Cases“
The Italian Citizenship By Descent Through Maternal Line
It’s pretty common to find out that You have Italian Ancestors from your maternal line.
Or, It’s also common to have only a paternal line, but during the line, You will find out there are not only men but also women.
In this case, You have to pay attention and check: when were these women born?
And when were their children born?
If Both questions have “Before 1948s” as a response, Your case falls under the 1948 Rule.
What Is Exactly An Italian Citizenship 1948 Case?
There is a lot of confusion on Applying for an Italian Citizenship Jure Sanguinis under the 1948 Rule.
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.
As we explained above, the Italian Consulate is not the only authority to evaluate your Italian Citizenship application.
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 the maternal line?
The Italian Consulate said to me that I cannot apply because I have a female in my bloodline!
So, How To Apply For An Italian Citizenship 1948 Case?
A 1948 Case is a particular case in the Italian Dual CitizenshipPrograms.
The 1948 Cases are also called “Special Cases” as the Italian Citizenship Law does not formally recognize them but as Case Law for applying for Italian Citizenship by Descent.
Indeed, starting from 2009, all Italian Citizenship 1948 Cases are processed only through Italian Court.
The so-called “Italian Citizenship 1948 Rule” was a rule created by Italian Jurisprudence in 2009.
This principle states that if You have a woman in the Italian bloodline and had a baby before 1948s, You may be eligible for claiming Italian Citizenship by Descent.
And You can do that only through Italian Court, which will be the only one able to recognize Your right to obtain Italian Citizenship Jure Sanguinis through Your female line.
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