Italy Per Te

 Italian citizenship follows the jure sanguinis principle, meaning right by blood. This means if you have Italian ancestors, you could be eligible for Italian citizenship, regardless of how many generations back. It’s typically referred to as citizenship by descent. In order to qualify, you must prove your lineage and have evidence that your ancestor didn’t become a citizen of another country before the next in line was born.

With proof, yes. You’ll be required to submit a certified copy of your adoption decree and birth certificate, with your Italian parent’s application. Like other in-line members, and applicants, the records must be legalized and translated.

It’s most common to apply through your local Italian consulate if you’re currently living abroad. There are also court cases, such as the 1948 case and no appointment case, which are done in Italy, but don’t require you to be present. Alternatively, the comune case requires you to establish residency in Italy for the duration of the process.

The 1948 case relates to Italian citizenship eligibility based on historical laws. In 1912, only men could pass on Italian citizenship, creating barriers for those relying on female ancestors. Today, recognizing women's citizenship rights, the 1948 Rule allows qualification through a special procedure in the Court in Rome.

The comune case, or fast track case, is when you apply for Italian citizenship directly in Italy. Unlike consular applications, this approach can get you your passport within six months to a year, depending on your municipality. Again, this requires you to establish residency for the duration of the process.

A no appointment case occurs when the applicant is unable to join a waiting list or book a consulate appointment due to appointment shortages or delays. In such situations, it is deemed a "denial of justice," granting you the right to petition the court of Rome. Just like a 1948 case, you don't have to attend court personally. A lawyer will present your records and proof that you were unable to book an appointment. This is shown with screenshots of the consulate appointment booking page with time stamps for at least 30 consecutive days. 

IMPORTANT: You cannot qualify for a No Appointment petition if your ancestor naturalized while the next in line was under the age of 21.

The timeline for the Italian citizenship process varies depending on your case type and challenges, such as name variations or missing records. On average, the process may take anywhere from one to three years, but this estimate can fluctuate based on individual circumstances and the complexity of your case. It can take even longer if you’re unable to secure a consulate appointment, which is why the court cases are worth considering.

The Italian citizenship process typically includes a naturalization search, document collection, review, apostille/legalization, translation, legal review, and application or court case.

"LIRA," or Last Italy-Registered Ancestor, refers to the final Italian-born ancestor in one's lineage, such as a grandparent or great-grandparent. Identifying and tracing the LIRA is crucial in the Italian citizenship recognition process.

The first step is initiating a naturalization search. This helps ensure that your ancestors didn't naturalize before the next in line was born. Additionally, it confirms the town of their birth, and other vital information that might be missing prior to the search.

The naturalization records, or certificate of non-existence, of the LIRA plus the birth, marriage and divorce certificates of the LIRA, in-line members, and applicants. Most consulates require death certificates, but court cases do not. You also must present your passport and another form of identification with your proper address, name, and birth date.

This will depend on your specific consulate or case type. Some consulates require photocopies of the non-in line members, while some require no information on them. Italian court cases do not require the records of non-in line members, but they can be used to support name variations, date variations or missing records. For example, an in-line member might need a record amended, and a non-in line record might have the proper spelling needed to be proved.

If your ancestor naturalized at a District or Federal Court, the National Archives (NARA) most likely has the Landing Record, Declaration of Intent, Petition and Oath. On the other hand, USCIS (United States Citizenship and Immigration Services) has been the record US holder since 1906 and can perform an index search and certificate search. It’s advised to try NARA first, since USCIS has much longer wait times.

NARA  https://www.archives.gov/

USCIS

https://www.uscis.gov/

In the UK, the holder of records of naturalization, and proof of no naturalization, is the National Archive. This record holder will supply you with a Certificate of Naturalization with the attached petition (application) and possible other related documents.

https://www.nationalarchives.gov.uk/

In Canada, the IRCC (Immigration, Refugees and Citizenship Canada) is the agency which can reissue certificates to be used for dual citizenship. Depending on your ancestor’s path, they can possibly reissue a certificate of citizenship or a letter of record. It’s advised to begin with a Freedom of Information (Act) (FOIA) request.

https://www.canada.ca/en/immigration-refugees-citizenship.html

Prior to 1922, when an Italian woman married, or when her husband naturalized, she automatically took on his citizenship. The women would often declare on their censuses and records that they naturalized even though it wasn’t formally done. This is called derivative naturalization and since then, the courts have ruled that it was discriminatory, which brings us to the 1948 case, explained in the CASE TYPE category above.

Censuses vary from country to country, but in the US they date back to 1950 and were made every 10 years. The resident’s citizenship status was marked with the following abbreviations: NA (Naturalized), A (Alien), and PA (Papers) (Declaration of Intent submitted).

The answer will depend on which record is missing. There can’t be any “holes” in your application, so you must prove that you conducted a proper search and provide legalized, supporting records. For example, some consulates might accept a baptismal certificate and negative search letters in place of a birth certificate.

This record states which search was conducted, as well as the negative results. Some record holders will provide this letter without special request, others with less experience in citizenship applications, will need additional guidance. Make sure to include a wide time frame and cover your bases when it comes to locations.

 Strictness varies so it’s important to read requirements carefully and correct records when possible. Some states don’t allow amendments without a court hearing or notary and some also restrict the request if the subject is deceased. Comune cases are very strict when it comes to the applicant's information since it requires establishing residency. Court cases may have the most leeway because they are presented by a lawyer who can argue your case with proper support.

This is a big hurdle. If there’s a possibility that they naturalized, your best bet is to order their naturalization records for more information, as suggested above. Immigration and naturalization records for Italians, especially in the US, were very detailed at the time and might include the specific town. Unlike states in the US, Italy doesn’t have provincial or national databases to search, so requests will be needed for each possible town. Try checking their other records if possible, such as marriage or death records.

Having Italian citizenship doesn’t require you to pay taxes, unless you’re residing in Italy for more than 183 days a year. But, owning property in Italy, even if only used part-time, does require you to pay property taxes. Italy has double tax treaties with many countries, such as the U.S., as well as regimes to help you save. It’s best to consult an international tax specialist to find what’s best for you.

Getting Italian citizenship means you can live and work in Italy freely and travel across the European Union without issues. You also get access to public services, and your family may benefit too. Plus, you can keep your current citizenship.

Yes, having obtained Italian citizenship, it's recommended to report your status to your local Italian consulate with an AIRE form. This registration helps keep you connected to Italian authorities and facilitates certain administrative processes, ensuring you remain informed about any updates related to your citizenship while residing outside Italy.

Yes, your children can apply for citizenship with you or after you. Your legal partner can apply for citizenship through marriage and will need to meet additional requirements, such as the B1 language exam.

It’s best to travel to Italy with your Italian passport, which can be obtained at your local consulate. Some offer same-day service and others can take one to six weeks. If you’ll be staying in Italy long-term, you should apply for residency, an identity card, SPID (public digital identity system), codice fiscale (tax code)*, and the national health insurance system.

*An Italian tax code is required for citizenship court cases and can be applied for through your local consulate.

The costs for the Italian citizenship process with an agency vary based on research needs, case type, and the chosen agency. The application fee through a U.S. Italian consulate is usually 300 euros, and additional costs accrue for document collection, apostilles, translations, and reviews. Court cases may incur higher expenses for court-approved translations, varying by specialist. For a quick overview and price estimates, a free 15-minute discovery call with our team is recommended. Full assistance, on average, can typically cost around 4k euros.