Mortgage in Italy for non residents – Frequently asked questions
6 Dicembre 2021
意大利投资者签证
14 Febbraio 2022Italian Citizenship by Descent (Jure Sanguinis in Italy) – Are you eligible for Citizenship by birth right?
Jure sanguinis is also called “right of blood”, and it means that you can acquire Italian Citizenship by descent.
Many countries, including the US, have an internal law, which allows people who have Italian ancestors to claim Italian citizenship by jure sanguinis. Especially those countries where dual citizenship is admitted.
For applying for jure sanguinis in Italy you must firstly demonstrate that
- your ancestor was an Italian citizenship, and that
- he/she transmitted it to you.
Jure Sanguinis Requirements.
In terms of being eligible for Italian citizenship by descent you need to provide proof of Italian parentage or ancestry.
It is mandatory to provide proof that all ancestors have maintained their citizenship so that they were able to transfer it to their descendants.
To proof the above you need to provide your ancestor certificate of birth, his/her certificate of death, and a proof that they have maintained their Italian citizenship.
There are particular dates to be taken into consideration when checking your Jure Snaguinis requirements:
August 14, 1992: In 1992 Italian law allowed citizenship by birth, whilst those who naturalized before this time did lose their citizenship, whether they were willing or aware to lose it or not.
June 14, 1912: Italian citizens who naturalized before June 14, 1912 lost their Italian citizenship so that they could not transmit it to their descendants
In between 1912 and 1992 your ancestor could voluntarily renounce their Italian citizenship. They could keep just the citizenship of the Country where they naturalized, whilst after June 14, 1992 they could maintain both citizenships (Italian and of another Country) unless they formally renounced it.
January 1, 1948: if you were born of an Italian mother before January 1, 1948, you are not entitled to obtain Italian citizenship by birth right unless you proceed through the help of a lawyer. In these cases an attorney will start a legal proceeding in Italy on your behalf. This is because the Italian Supreme Court, judgment number 4466/2009, established that Italian law does not grant women equity with men.
March 17, 1861: Italy was not a Nation before this date, therefore you cannot be entitled to get your citizenship if you have an ancestor who was born before this date.
If you are in need of Italian Citizenship assistance, Luxury Law will provide you with a list of documents which support your application.
What is the Italian citizenship Jure Sanguinis processing time? Step-by-Step process.
After having established that you are eligible for Italian Citizenship jure sanguinis, you need to start the process, which consists in:
Collecting all documents and information is the very first and important step.
Among others, the main documents that you absolutely need to obtain before appointing a meeting at the Consulate are:
- Birth certificates,
- Certificate of naturalization,
- Marriage certificates,
- Death certificate,
- Final divorce decree,
- Birth certificates of all children younger than 18.
All certificates (birth, death, divorce, marriage) that are certified in another Country (the Country where you reside for example), must get an Apostille.
When you set the appointment at the competent embassy, you need to make sure that all documents are ready and correct, this will be a huge speeding up of the process!
We have many clients who require our assistance at this early stage, as they are fully aware that even a small mistake can lead you through a long process.
If applying directly with Italian Court, you need to hire a lawyer in Italy who will fill your lawsuit before the Court of Rome, however your presence will not be necessary, and you will obtain a decision which declares your new status of Italian Citizen. Your lawyer will deal with the registration of your citizenship at the Italian town hall of your ancestor.
How long does Jure Sanguinis take?
Knowing how long it takes the approval of your Italian Citizenship by Descent, depends on several factors, such as:
- How long it takes you to collect all the documents, and get them with the apostille.
- How long will take the Consulate to book you an appointment. This might take a few months or even a year, depening on each Consulate and number of people applying.
- Once the Consulate collects all the documents, it might be a matter of weeks to give you a responce, but again, this depends on the Consulate volume of work.
We had clients who decided to go through a different process of acquiring Italian citizenship through the Italian Investor Visa.
If you need an Italian Citizenship Jure Sanguinis lawyer, please feel free to contact us.
More articles on immigration topics:
Italian Elective Residence Visa
