1948 Italian Citizenship Rule – A Full Guide
What is the 1948 Italian Citizenship Rule?
Definition of the 1948 Rule
The 1948 Rule is a pivotal piece of legislation concerning Italian citizenship by descent, which became effective on June 22, 2022, under Article 36 of Law 206/2021. This rule mandates that proceedings to establish Italian citizenship must be submitted to the District Court in the ancestor’s native town. The 1948 Rule is deeply rooted in the Italian Constitution, which, as of January 1st, 1948, enshrined the principle of equal treatment for men and women. Despite this constitutional guarantee, Italian consulates often refuse to process applications involving female ancestors, making the 1948 Rule a crucial pathway for many seeking Italian citizenship by descent.
How Can I apply for Italian Citizenship through maternal line?
Discover all details about the 1948 Italian Citizenship Rule
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What is the “1948 Italian Citizenship” Rule?
Today we want to talk about the so-called “1948 Italian Citizenship Rule,” as there is a lot of confusion on Applying for an Italian Citizenship 1948 case.
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.
Italian law has evolved significantly over the years. Historically, prior to 1948, Italian law favored male lineage for citizenship. However, recent legal developments affirm the equal treatment of female citizens, allowing their descendants to claim citizenship even if born before 1948. This legal landscape creates complexities for applicants seeking Italian citizenship through their maternal line, especially in what are termed ‘1948 cases’.
When You read about Italian Citizenship Assistance Program, there are several ways to obtain an Italian Passport through Ancestry:
Italian Citizenship by Descent through Italian Consulate or Comune
Italian Citizenship Jure Sanguinis through Consulate or Comune AND
Italian Citizenship through maternal line (under Italian Citizenship 1948 rule)
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 maternal line? The Italian Consulate said to me that I cannot apply because I have a female in my bloodline! Now You will definitely understand How To Apply for Italian Citizenship on the 1948 Rule.
We will explain to You How to apply through the maternal line under the “1948 Italian Citizenship Rule.”
What it means “1948 Italian Citizenship”?
When we talk about the 1948 Italian Citizenship Case, we refer to a special situation that allows You to claim Italian Citizenship by Descent.
As You maybe know, there are many ways to apply for Italian Citizenship Jure Sanguinis.
Generally, the main application is through the Italian Consulate (if you are living abroad) or the Italian Municipality (if you live in Italy).
This is called the Administrative Path.
But they are not the only ways you can obtain Your Italian Citizenship by Descent
Did you already read our insight about documents needed for Italian Citizenship by Descent?
These Italian Citizenship options allow you to apply according to the general Italian Citizenship by Descent Law, but there are some “Special Cases” recognized outside the law.
These cases are recognized as “Case Law“, so by the Italian jurisprudence of the Italian Courts.
1948 Italian Citizenship** Cases** are exactly one of these cases.
One of the significant benefits of the 1948 Rule is the possibility of obtaining dual citizenship. This rule allows individuals to claim Italian citizenship through maternal lineage, which was previously restricted, thus enabling dual citizenship claims based on historical laws and recent judicial interpretations.
So, if you fall under an Italian Citizenship 1948 Case, You CAN Apply for Italian Citizenship by Descent. And You can do that through the Italian Court.
Let’s have a look at this video dedicated to Italian Citizenship 1948 Cases:
If during your researches, in order to discover your Italian ancestors, you find a woman in the bloodline, you should first check if your female ascendant gave birth to her child before or after 1948. If she gave birth before 1948 – YES: It’s a 1948 Italian Citizenship 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 Italian Citizenship Case
Why 1948? Why is this year so important? In 1948, on January 1st, the Italian Constitution was proclaimed. The Italian Constitution, for the first time, declared the equality of women and men. This also meant that women were able to pass the Italian Citizenship rights to their children born after this date.
Indeed, before 1948, women were not legally considered like men: so women didn’t have the right to pass Italian Citizenship by blood. The 1948 Rule allows children born to an Italian mother before 1948 to pursue citizenship through the courts in Italy.
Eligibility for Italian Citizenship
To be eligible for Italian citizenship, you must have an Italian-born ancestor who meets specific criteria set by the Italian government. The process of obtaining Italian citizenship through descent can be intricate, involving various legal and bureaucratic steps. Understanding these requirements is essential to successfully navigate the application process and secure your status as an Italian citizen.
Italian-Born Male Ancestors
If you have an Italian-born male ancestor, you may be eligible for Italian citizenship through the paternal line. This eligibility hinges on your ancestor being an Italian citizen at the time of your birth and your ability to demonstrate a direct line of descent from this ancestor. Proving this lineage typically involves gathering and presenting a series of vital records, such as birth, marriage, and death certificates, to establish your connection to your Italian-born ancestor.
Italian-Born Female Ancestors
For those with an Italian-born female ancestor, eligibility for Italian citizenship can be more complex due to historical legal restrictions. The 1948 Rule specifically addresses cases where the female ancestor gave birth to her child before January 1st, 1948. In such instances, descendants can obtain Italian citizenship by applying to the Tribunal in Italy. This process requires thorough documentation and often the assistance of a legal expert to navigate the nuances of Italian citizenship law and ensure a successful application.
How Can I Apply for a 1948 Italian Citizenship case?
If you believe you have a 1948 Italian Citizenship case, the application process involves several key steps, all of which must be conducted through the Italian Court in Rome. First, you will need to research and collect vital records, including birth, marriage, and death certificates, as well as naturalization documents and passport copies. These documents are crucial for proving your lineage and eligibility under the 1948 Rule.
Once you have gathered the necessary documentation, you will need to submit your application to the Italian Court. This process can be complex and time-consuming, so it is highly recommended to work with an Italian citizenship lawyer who specializes in these cases. A qualified lawyer can help ensure that your application is complete and accurate, increasing the likelihood of a successful outcome. By following these steps and seeking professional assistance, you can navigate the legal requirements and obtain Italian citizenship through the 1948 Rule.
How Can I Apply for a 1948 Italian Citizenship case ?
As said above, these types of situations are quailed as “Special Cases” so they need to be filled up through the Italian Court.
So how is the procedure?
First of all, the applicant must start to collect all information about all ancestors, starting from the Italian ones (grandparents, great-grandparents, and so on).
Then we will be able to determine your eligibility under the 1948 Italian Citizenship ruleand start preparing all documents in the right way (legalizations, translations, etc.).
The Italian Supreme Court has set important legal precedents for 1948 cases, influencing how these applications are processed.
Then we will be able to submit the application through the Italian Court.
So there is no application through the Italian Consulate, but we can appeal the Court directly.
As you can understand, this process is very advantageous for 2 main reasons:
We will submit the Italian Citizenship by descent application for You. You have not to come to Italy during the entire process.
There is no Italian Consulate involved, as these cases are not recognized by the Consulates. So you’ll avoid all common issues related to the Italian Consulates like huge wait times.
The entire wait time may generally be lower than the Consulate wait time. Generally, this is the fastest way to apply for Italian Citizenship by Descent.
Apply with Us for Your 1948 Italian Citizenship Case
Let’s have a look at this video for a quick explanation on this option:
Are there any other Special Cases for Italian Citizenship by Descent?
In most cases, the 1948 Italian Citizenship rule is the main one to allow You to claim your Italian Citizenship Jure Sanguinis through the Italian Court.
The process of applying for Italian dual citizenship, particularly under the 1948 rule, involves specific legal nuances. Individuals can claim citizenship through maternal lineage that existed before 1948, but it requires working with specialized lawyers and filing cases directly with Italian courts due to the significant legal changes enacted in 1948.
It’s the main one, so not the only one.
You can indeed submit your Italian Citizenship Application through the Italian Court in all cases you wouldn’t be able to follow the administrative path.
So this can be done mainly in 2 different cases:
The Italian Consulate denied Your Italian Passport Application. So you may appeal the Court in order to ask for a Judge to review your application. (this is valid for all cases, so both if you appeal for an Italian Passport through Ancestry, or for Marriage and all other Italian Citizenship Programs).
You are unable to follow the administrative path because You’re facing issues with the administrative authority.
The second case is particularly valid this year, because of COVID-19.
This year complicated a lot more the previous situation: Italian Consulates are closed and there is no way to book appointments, as they process all Italian Citizenship applications by appointment only.
So let’s think at the typical case: a Client already has all documents for applying for his/her
He/she goes on the Consular website, and he/she discovers it’s impossible to book appointments.
You can understand, this is a violation of the right to claim Italian Citizenship right and to obtain an Italian Passport thanks to the right of blood (Jure Sanguinis).
Let’s make some examples: at this Italian Consulate in L.A., in NYC, are closed and/or suspended all appointments. It means there is no way to apply for Italian Citizenship by Descent if you are an NY resident or an LA resident.
That’s why Your Need a new Italian Citizenship Assistance Program option, and you can fill your application through the Italian Court.
You can be also interested on: Italian Citizenship 1948 Cases: The ULTIMATE GUIDE [2020]
Do You Have a 1948 Italian Citizenship Case?
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You can be also interested on: Italian Citizenship Assistance New York: All You Need to Know
So, let’s resume: How can I get Italian Citizenship by Descent but not through the Italian Consulate?
In conclusion and for being more clear: applying through the administrative path (the Italian Consulate, if you reside abroad) is the rule and there are no short ways or other different ways.
But in exceptional circumstances (so out of cases listed by the Italian Citizenship Legislation), you can avoid applying for Italian Citizenship by Descent through the Italian Consulate.
Historically, Italian citizenship laws favored those born to an Italian father. However, changes in legislation and court rulings now allow for citizenship to be passed from both Italian fathers and mothers, reflecting the evolution and equal treatment in citizenship rights. These exceptional circumstances are:
Italian Consulate has more than 2 year wait time for getting an appointment; OR
Italian Consulate is not able to let you book an appointment; OR
You have a 1948 Italian Citizenship case when you have a female in your Italian bloodline who had a child born before 1948.
If you fall under one of these circumstances, you can hire an Italian Citizenship Lawyer like us, and fill your application through the Italian Court.
⇨ 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
What consequences if I apply for the 1948 Italian Citizenship Case?
The 1948 Italian Citizenship path does not necessarily mean that the process will be longer or more difficult.
Instead, it can be shorter than the Italian Consulate path, and generally, it is.
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 time (2-3 years).
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 Italian Citizenship Rule, successfully. Individuals who become Italian citizens through the 1948 Rule benefit from the changing laws and judicial rulings that allow descendants of Italian citizens, regardless of gender, to claim their citizenship.
What is the step-by-step procedure for a 1948 Italian Citizenship Case?
Let’s see a step-by-step process on how it works through the Court Application.
STEP 1: Procurement of the supporting vital record documentsIt will be necessary to retrieve all the records of birth, marriage, and death records (when applicable) of each person in your Italian bloodline. This includes ensuring eligibility for those with an Italian mother who gave birth before 1948, as the 1948 Rule allows individuals born to an Italian mother to apply for Italian citizenship.
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.
In Countries not part of The Hague Convention, the procedure is possible through the Legalization.
STEP 3: Certify all of the translations
Translations for documents that are not in the Italian language will need to be certified before they can be used for your 1948 Italian Citizenship application.
STEP 4: Give Power of Attorney to Us – to represent you at the Court.
As we explained above, when it comes to 1948 Italian Citizenship you will definitely need to hire an Italian Citizenship Lawyerwith relevant experience. And not every Italian attorney will have the necessary expertise or the experience to assist you in this process.
STEP 5: Sign a P.O.A. for your Italian Citizenship Lawyers
The Power of Attorney (PoA) will allow Law Firm Bersani in Italy to represent you in court for your 1948 Italian citizenship petition.
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: We prepare Your Application.
With all the documents, We will run through all the details of your case and prepare the actual petition to be filed in court.
STEP 8: Iscrizione a Ruolo and 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.
Apply with Us for Your 1948 Italian Citizenship Case
Tip: The Importance of hiring an Italian Citizenship Lawyer
As said, for the new Italian Citizenship Assistance Program and the 1948 Italian Citizenship Cases, You need qualified Italian Citizenship Assistance by Italian Citizenship Attorneys
Like Us.
An Italian Citizenship Lawyer will be certainly the most prepared professional with the 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 is an issue and/or You need to appeal against Consulate, we can do it.
So there is no difference on which path You will take: a professional will be always to Your advantage.
⇨ 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 Assistance Program
Frequently asked questions on Italian Citizenship 1948 Rule.
What is an 1948 Italian Citizenship Case?
The 1948 Italian Citizenship 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 1948 Italian Citizenship Case?
You are entitled to apply under 1948 Italian Citizenship Rule as you have an Italian female ancestor that gave birth to a child before 1948s.
Read More about Italian Citizenship 1948 Case
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.
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 is the Italian Citizenship Assistance Program?
The Italian Citizenship Assistance Program refers to all different options You have to apply for Italian Citizenship by Descent.
Ongoing legislative changes by the Italian Parliament could impact the citizenship application process. A proposed law aims to equalize the rights of applicants from both maternal and paternal lines, potentially allowing all applications to be accepted at Italian Consulates, which currently is not the case for certain lineage-based applications.
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.
What cases can be processed under the Italian Citizenship Assistance Program?
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.
Am I obliged to apply through the Italian Consulate?
No, if you’re expecting one of these issues:
It’s impossible to book appointments at the Italian Consulate;
Consulate gave you more than 2 years wait time;
If I hire You for the Italian Citizenship Assistance Program through the Court, do I have to come in Italy?
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.
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.
What Are Your Waiting For?
Submit Us Your Case.
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