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A Full Guide [Updated 2020] on Italian Citizenship 1948 Cases.
What is the procedure for the Italian Citizenship 1948 Application?
When can You apply and on What Conditions?
An Introduction to the 1948 Rule.
Today’s article is dedicated to those of you who are interested on obtaining an Italian Passport through their Italian Descents.
But not in the ordinary way we know.
When a person discover the Italian Citizenship by descent path, the first (normal) thing to do is to make some researches online, and for this purpose the Italian Consulates informations can be pretty useful.
But there is one big exception: the Italian Consulate will never explain You in details how to process, and which paths you can take for obtain Your Italian Citizenship Jure Sanguinis.
Most Italian Consulates published statements on their websites, like:
“A person born before 01/01/1948 can claim Italian citizenship only from his/her father”
But that is simply not true. Unfortunately, such inaccurate statements regarding Italian citizenship by descent through the female line get repeated by misinformed people worldwide.
It appears designed to discourage applicants from even considering their application for Italian Citizenship Jure Sanguinis.
Today we will understand all these questions:
- When I have an Italian Citizenship 1948 Case?
- What I can do on my Jure Sanguinis 1948 case?
- What is the procedure for applying according to the Italian Citizenship 1948 rule?
- Where I have to apply if I have a female ancestor in my Italian Citizenship heritage?
When I Have an Italian Citizenship 1948 Case?
You’re making some researches to discover if You can be eligible for an Italian Citizenship Passport through Ancestry.
If in your Italian Heritage you find 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’s a 1948 case.
- If your female ancestor gave birth during or after 1948 – Italian women were able to pass down Italian citizenship on January 1st, 1948, so there is not a 1948 Case.
If your case falls into this “Italian Citizenship 1948 Rule” (also known as Italian Citizenship Maternal Line before 1948), you will need to claim your Italian citizenship through Italian Court.
Yes, this means that You will have to think about applying through the Italian Consulate. Italian Consulate will never be involved.
If You fall under the 1948 rule, You need to contact an Italian Citizenship Lawyer, like Us, as this is the only way for claiming Your Italian Citizenship by Descent.
You can be also interested on: Italian Citizenship Assistance New York: All You Need to Know
Check with Us if You can be eligible for Italian Citizenship
A concrete example of Italian Citizenship through female line (1948 Rule).
To illustrate how the Italian Citizenship 1948 Rule works, let’s make an example.
Your grandmother was born in Italy and did not become a naturalized U.S. citizen before the birth of your mother.
This could qualify you for Dual Italian citizenship by descent (also known as Italian Citizenship Jure Sanguinis).
However, if your mother was born before 1948, then you would not qualify under the 1912 rule, as interpreted by Italian Consulates. This because the 1912 Law (the old Italian Citizenship Law) only allowed men to transfer their Italian citizenship to their children and descendants.
If your mother was born after January 1, 1948, then you could qualify for dual Italian citizenship according to the Italian Consulates.
The 1948 Italian Citizenship Rule can save Your Italian Citizenship eligibility, in case the Consulate will say to Your “You’re not eligible”.
That’s why now you can claim your Italian Citizenship 1948 Right, and get your Italian Citizenship maternal Line rights only through the Italian Court in Rome.
Check with Us If You Have a Italian Citizenship 1948 Case!
What I Can do now for my Italian Citizenship now, if I fall under the 1948 Case?
You’re making some researches in order to discover if You can be eligible for Italian Citizenship Passport through Ancestry.
If in your Italian Heritage you find 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’s a 1948 case.
- If your female ancestor gave birth during or after 1948 – Italian women were able to pass down Italian citizenship on January 1st, 1948, so there is not a 1948 Case.
If your case falls into this “Italian Citizenship 1948 Rule” (also known as Italian Citizenship Maternal Line before 1948), you will need to claim your Italian citizenship through Italian Court.
Yes, this means that You will have to think about applying through the Italian Consulate. Italian Consulate will never be involved.
If You fall under the 1948 rule, You need to contact an Italian Citizenship Lawyer, like Us, as this is the only way for claiming Your Italian Citizenship by Descent.
⇨ Did You Know? ⇦
« 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 italian Citizenship assistance program
What does it mean applying for Italian Citizenship 1948 Rule?
The Italian Citizenship 1948 Route through the judicial process does not necessarily mean that the overall process will be longer or more difficult.
Instead, it can be shorter than the Consulate path.
Simply, you are making your claim to Italian citizenship in a different manner than the more common administrative process.
The biggest difference is that you need to petition the Italian Court of Rome to achieve recognition as an Italian citizen. At this point in time, 1948 cases are only handled in an Italian court.
To clarify, what’s different about the administrative process and a 1948 case, is that you’ll need to file a proper claim before the Civil Court in Rome in order to have your case examined by an appointed judge.
This does not mean that it’s any less likely or more difficult to successfully complete the process. In fact, hundreds of Italian Dual Citizenship 1948 Rule have been positively judged since 2009.
Meaning that the retroactivity of the Constitution with regard to Women’s right to transmit their Italian citizenship is widely recognized as a “Case Law”.
Which means the previous judicial judgments have strong legal authority.
We processed and still process many applications under the 1948 Rule, and they are all successful.
We also briefly talked about here:
What is the Procedure for applying on italian Citizenship 1948 Route?
Let’s see a step-by-step process.
STEP 1: Procurement of the supporting vital record documents
It will be necessary to retrieve all the records of birth, marriage, and death records about each person in your Italian family line.
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.
STEP 3: Certify all of the translations
Translations for documents that are not in the Italian language will need to be certified for accuracy before they can be used for your judicial proceeding.
There are two ways of having your translations certified:
- Translations can be certified by an Italian judicial authority through a special procedure called “Asseverazione Delle Traduzioni”.
We can provide this service as required. - Translations can be certified by your local Italian consulate through a special procedure called “Certificazione di Conformità di Traduzione”.
STEP 4: Appoint an Italian attorney to represent you at court in Italy.
When it comes to Italian Citizenship 1948 Rule you will definitely need to rely on an attorney with relevant experience. And not every Italian attorney will have the necessary expertise or the experience to assist you in this process.
Also, being represented by an attorney means your presence at court will not be required at any time.
STEP 5: Sign a P.O.A. for your Italian Citizenship Lawyer
The Power of Attorney (PoA) will allow Law Firm Bersani in Italy to represent you in court for your citizenship petition/claim.
The original POA notarized document will need to be mailed to your attorney. Every co-petitioner (meaning a relative who shares the same ancestor and participates in the lawsuit) will also need to grant power of attorney.
Side-note: if you have minor children, you will also need to sign a POA on their behalf. This way they will be included in your claim. If filing a claim with multiple adult petitioners, each adult petitioner will need to sign his/her own separate POA.
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: Preparing your petition
With all the documents in hand, We will run through all the details of your case and prepare the actual petition to be filed in court.
STEP 8: The Court.
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. In the majority of the cases, one hearing is sufficient.
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.
Start NOW, Apply With Us!
Tips for Your Italian Citizenship Application
The Importance of hiring an Italian Citizenship Lawyer
As said, for Italian Citizenship 1948 Route, You need Italian Citizenship Assistance by Italian Citizenship Lawyers.
Like Us.
But in general, the best ways to speed up Your Italian Citizenship by Descent application is to enlist the help of Italian Citizenship experts.
Also if You will choose to follow the ordinary administrative way, Professional Assistance will be always in your advantage.
An Italian Citizenship Lawyer will be certainly the most prepared professional with highest skills.
Here are 4 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)
- If there are any issue and/or You need to appeal against Consulate, we can do it.
⇨ Did You Know? ⇦
« 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 1948 Rule – F.A.Q.
Frequently Questions on 1948 Cases
What is an Italian Citizenship 1948 Case?
The Italian Citizenship 1948 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.
When I have an Italian Citizenship 1948 Case?
You are entitled to apply for Italian Citizenship 1948 Rule as you have an Italian female ancestor that gave birth to a child before 1948s.
What are the requirements for 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.
How can I apply for an Italian Citizenship 1948 Case ?
You can apply only through the Italian Court, with a Power of Attorney granted to Us.
We will represent You in Your application.
Can I apply together with other family members?
Yes, all family members that are directly descents of the italian ancestors can apply in the same petition.
Do I Have to come in Italy for my Italian Citizenship 1948 Case application?
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.
What Are Your Waiting For?
Submit Us Your Case.
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