Italian citizenship by Descent: Who is Eligible for Italian Citizenship?

Italian citizenship by Descent (Ius or Iure Sanguinis) is a subject which at times may seem convoluted and quite complex.

In this article we  try to simplify it as much as possible in order to clarify exactly who is and who isn’t eligible for Italian citizenship by descent.

The term Iure Sanguinis translated from Latin means “by right/virtue of blood”, but literally translated can mean “blood right”.

According to this principle, children at birth may be automatically considered citizens of a nation if either or both parents have citizenship of that nation, regardless of the place of birth. .

Italy is one of the countries where a person can easily be recognized as Italian by having at least one Italian ancestor.

But Who is Eligible for Italian citizenship by Descent?

Italian citizenship by Descent petitioners would be eligible for recognition of Italian citizenship by having met the following requirements:

• One is son/daughter of Italian descent (or was adopted)
• A person’s Italian born ancestor was alive and a citizen of Italy before 1861.
• This person’s Italian born ancestor never lost his/her Italian citizenship by naturalization in a foreign country.
  Or naturalized after the birth of their child who would be the next person in the direct Italian lineage.

Who would NOT be eligible for Italian citizenship by descent? Are there any solutions in these cases?

 

Let’s see some examples of no-eligible person. If You seem not eligible don’t worry: there is always a solution!

1) If a person has absolutely zero ancestry and zero familial connections to Italy, Italian citizenship by descent would NOT be possible for that person.
Although, if that person was adopted into a family of people of Italian descent, this situation may be different.

Wanna be an Italian Citizen?
Solutions: Have a check to other ways to relocate to Italy like Elective Residence, Investor Visa or any other listed here, in order to apply for Italian Citizenship by residency.

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2) If a person is not of Italian descent and none of their ancestors originally came from Italy but is married to a person of Italian descent, that person would not eligible for citizenship by descent.

However, if their “Italian” spouse is eligible for Italian Citizenship by descent or already a citizen of Italy, the non-Italian spouse may have the possibility to apply for citizenship.
And then, we can think on getting an Italian Citizenship by marriage.

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3) If the ascendant  naturalized citizen of another country before the birth of their child who would be the next person in the petitioner’s direct family line .
In this case, Italian citizenship by Descent  “chain” would have then been broken.
In this case, that person would NOT be eligible for citizenship by descent.
This applies to anyone in the direct family line back to Italy, who petitioned to become a naturalized citizen in another country before the birth of the next person in the direct Italian lineage before 1992.

Wanna be an Italian Citizen?
Solutions: Have a check to other ways to relocate to Italy like Elective Residence, Investor Visa or any other listed here, in order to apply for Italian Citizenship by residency.

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4) A person whose family line goes through an Italian born female citizen who gave birth before 1948 to her child who is in the direct line of ascendancy connecting the petitioner back to Italy.

In this situation, it would be necessary to go through the courts of Rome.
For more information about the 1948 Judicial process click here

Do You Think to be eligible for Italian citizenship by descent?  or through a judicial 1948 case?  or through naturalization by way of marriage or residency?

Contact Us! 

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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)  preparation of visa, permit to stay and residence applications, tax aspects, avoidance of dual taxation, (more informations also here)