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Today’s article is dedicated to those of you who are interested in obtaining an Italian Passport.
When we talk about getting an Italian Passport, so the different type of Italian Citizenship programs, there are several ways to obtain an Italian Passport:
Today we want to focus on main updates related to the Italian Citizenship Law to focus mainly on Italian Citizenship by Descent.
Indeed, the new Italian Citizenship law will change a little some rules.
So we will explain to You all details about Italian Citizenship Assistance Program and all options we can provide for You.
These updates will affect Italian Citizenship by Marriage and by Residency Paths. Still, there is some relevant news on Italian Citizenship by Descent , too, that will implement a new approach to the Italian Citizenship Assistance Program.
So let’s see how these updates will affect Your Italian Citizenship Jus Sanguinis application.
Did you read our latest articles about Italian Citizenship?
There are some common questions asked by our Clients regarding the available options on the Italian Citizenship Assistance Program.
We will now focus, in this article, on the most requested way to apply for Italian Citizenship: Italian Citizenship through the Jure Sanguinis rule.
There are several ways to apply for Italian Citizenship Jure Sanguinis.
The “ordinary way” is to apply through the Italian Consulate (if you are living abroad) or the Italian Municipality (if you live in Italy).
And these options were not affected by the new Italian Citizenship Law. BUT:
These ways are becoming day-by-day less common, as each option expects significant issues, which we will explain below in this article.
You will understand why requesting our assistance on the Italian Citizenship Assistance Program through the “special way” (Italian Court) will be the right choice for You.
Let’s see how things work now, as changed from the past.
In 2018, the Italian government approved a decree that, for the first time, increased the Italian Citizenship Processing time for obtaining Italian citizenship from 2 to 4 years.
With the Latest updates [October 2020], on Law 130/2020, the maximum wait times have been decreased to 3 Years.
This limits the application of the 4-years [now 3 years] deadline to Italy Citizenship by Residence processes and Italian citizenship by marriage processes.
So, in this aspect, the Italian Citizenship Assistance program remained the same.
So, for better clarifying: The New Citizenship Law (on final approval for the end of 2020) didn’t affect this – it lowered the time frame for the other programs (3 years), but Italian Citizenship by Descent remained untouched.
But let’s consider another issue: COVID-19.
This year complicated a lot more than the previous situation: Consulates are closing and there is no way to book appointments.
So: You have to wait years for just a Consulate Appointment (if You can book).
And in case you’ll be lucky enough to book an appointment, you may have to wait up to 2 Years for the final decision on your Italian Citizenship By Descent Application.
You can understand, there was the need of finding a solution and a new way on the Italian Citizenship Assistance Program as a maximum priority.
Just a few examples: at the time of this article, the Italian Consulate in L.A. and NYC, is closed and/or suspended all appointments.
It means there is no way to apply for Italian Citizenship by Descent.
That’s why every more people are asking for a new Italian Citizenship Assistance Program option, that we can provide.
And we will explain Why and How Italian Citizenship Assistance by Italian Citizenship Lawyer is (almost) mandatory.
This will apply not only for that “ordinary” way (aka Italian Citizenship by Descent through Consulate).
But also for the “extraordinary”/Special way (well known as Italian Citizenship Jure Sanguinis 1948 case)
These are called “Italian Citizenship Jure Sanguinis 1948 Case” or “Italian Citizenship through Maternal Line ” or “Italian Citizenship 1948 Rule“.
Did you read our latest articles related to the Italian Citizenship applications?
When it comes to requesting Italian Citizenship Assistance, you have to proceed on a step-by-step basis.
The 1st thing to check is if your Consulate has (or not) the right wait times, according to the Italian Citizenship Law.
In case (or seems) they will respect the maximum legal wait time (2 years for the entire process – 240days for the decision), we can speed it up.
How you can do that?
That’s pretty simple: just connect on the PrenotaOnline website, the dedicated portal for booking appointments at Your local Italian Consulate, and check when they have the 1st free spot.
It’s (almost) mandatory to hire your Italian Citizenship Lawyers, like Us, and start to solicit the Consulate to end Your practice in a short time – this step is generally not considered, but Your voice must be heard.
It’s important to let Your Lawyer solicit and periodically check your practice at the Consulate.
This is a not-so-common way, but it’s starting to be seriously trending, especially now with the Covid19 pandemic affecting all the world.
And this is actually the only and the best way to solve issues on Italian Citizenship by Descent applications.
One of the best ways to Speed Up your Italian Dual citizenship Application processing time is to hire an Italian Citizenship Lawyer like Us and apply directly through Italian Court.
As we previously talked in a recent article about How to Get Dual Citizenship in Italy, recent Judicial Court cases that allow a person to claim his/her Italian Citizenship directly at the Court without passing through the Consulate.
As said: this not mean that You can always skip the Consulate, but you can avoid it IF there are specific conditions.
So what benefits will You have?
Applying at Consulate
3-5 Years Average Waiting
Applying via Italian Court
1 Year Average Waiting
2. No risks of missing/wrong documentations.
Before starting the Court Process, we will deeply advise You on all documentation needed, and we review every single document.
3. You have to do nothing.
Just send Us all documentation, sign the Power of Attorney and we will do everything for You.
That’s an alternative Italian Citizenship Assistance Program for helping people to apply.
In conclusion and for being more clear: applying through the Italian Consulate is the rule and there are no short ways or other different ways.
But In exceptional circumstances, you can skip the Italian Consulate application, so when some exceptional circumstances are met:
If You fall under these conditions (also only one), You can hire an Italian Citizenship Lawyer like Us, and fill in Your application through the Italian Court with this alternative Italian Citizenship Assistance option.
Except for the case You need to appeal the denial/unapproved on Your case, there are some common cases in which You need to apply through the Court.
These are Italian Citizenship through the maternal line – aka Italian Citizenship 1948 cases.
You’re making some researches in order 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 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.
« 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
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, and generally, it is.
The biggest difference is that you need to petition the Italian Court of Rome to achieve recognition as an Italian citizen. At this point, 1948 cases are only handled through the Italian court and there is no way to avoid it.
To clarify, 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 can be actually a big advantage, to be honest: In fact, hundreds of Italian Dual Citizenship 1948 Rule have been positively judged since 2009, and the average wait time is pretty faster (1 year) than the Consulate application wait time (2-3years).
These types of cases are now 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.
Let’s see a step-by-step process on how it works through the Court Application.
STEP 1: Procurement of the supporting vital record documents
It will be necessary to retrieve all the records of birth, marriage, and death records pertaining to each person in your Italian family line + certificates of naturalization/no-naturalization.
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:
STEP 4: Appoint an Italian Citizenship Lawyer like Us to represent you.
When it comes to Italian Citizenship 1948 Rule and Italian Citizenship by Descent through the special way, 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.
In addition, 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 hearing.
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.
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.
As said, for the new Italian Citizenship Assistance Program and the 1948 Jure Sanguinis Cases, You need Italian Citizenship Assistance by Italian Citizenship Lawyers.
Like Us.
But generally speaking, the best way to speed up Your Italian Citizenship by Descent application is to enlist the help of Italian Citizenship Lawyers as real experts on the matter.
An Italian Citizenship Lawyer will be certainly the most prepared professional with the highest skills.
Here are 4 main reasons:
So there is no difference on which path You will take: a professional will be always to Your advantage.
« 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 Assistance Program
The Italian Citizenship Assistance Program refers to all different options You have to apply for Italian Citizenship by Descent. It specially refers to the new Italian citizenship assistance services we offer in order to let You avoid all common issues during the Italian Passport applications.
The Italian Citizenship Assistance Program can be applied to Italian Citizenship by Descent, Italian Citizenship by Marriage and all Citizenship programs offered by Italian Government.
It’s particularly common on the Italian Citizenship Jure Sanguinis cases, as these cases are expecting more issues related to the Italian Consulates inefficiency.
No, if you’re expecting one of these issues:
No, the good news is that you have NOT to come in Italy- You have just to sign a Power of Attorney to Us, and we will handle everything for Your.
The Italian Dual 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.
You are entitled to apply for 1948 Italian Citizenship as you have an Italian female ancestor that gave birth to a child before 1948s.
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.
You can apply only through the Italian Court, with a Power of Attorney granted to Us.
We will represent You in Your application.
Yes, all family members that are directly descents of the italian ancestors can apply in the same petition.
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.
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