Italian Citizenship Iure Sanguinis by Descent: 4 Fast-Track Methods to Become Italian
If you have Italian ancestry, you have the right to claim citizenship iure sanguinis (by blood). But let’s be honest—the consular process can be slow, complicated, and full of roadblocks. Fortunately, there are faster legal alternatives!
Alternative routes to the Consulate, to obtain Italian citizenship iure sanguinis. Request for appeal to the Italian Court and Residence in Italy
Many applicants now choose to go through the Italian courts instead of waiting on the consulate. You can file a legal petition in Italy for:
- 1948 cases (if your Italian ancestor was a woman who emigrated before 1948).
- Consulate delays (if your application has been ignored for over two years).
- Reacquiring Italian citizenship (if your family lost it due to naturalization before August 16, 1992).
- Another effective route is the Move to Italy and apply directly at the local municipality where your ancestor was born.
The judicial alternatives “before 1948” and those after the submission of the application to the Consulate, and the request for residency in Italy for the recognition of citizenship are legal practices handled by the Damiani&Damiani International Law Firm, www.damianianddamiani.com a team of lawyers expert in Italian citizenship by descent who have been dealing with the recognition of citizenship iure sanguinis for many years.
Legal Action for Citizenship Claims from an Italian Mother (Pre-1948 Cases)
If your citizenship request has been denied because you descend from an Italian mother whose child was born before January 1, 1948, you have the right to file a lawsuit in the Italian Civil Court.
Why Is a Lawsuit Necessary?
Before 1948, Italian law only granted citizenship iure sanguinis through the paternal line. In 1948, the Constitutional Court ruled this discriminatory, allowing descendants of pre-1948 Italian mothers to petition the court for citizenship recognition.
Legal Process:
- Gather documents proving direct descent from an Italian mother.
- File a lawsuit in an Italian court with a legal representative.
- Attend a hearing in Italy (or be represented by an attorney).
- Obtain a favorable ruling and official recognition of citizenship.
Pros & Cons
Pros:
- Eliminates gender discrimination in pre-1948 laws.
- Multiple family members can apply together.
Cons:
- Requires an attorney experienced in Italian citizenship cases.
Legal Action Against the Consulate After 2 Years of Waiting for Iure Sanguinis Citizenship
Italian law requires consulates to process citizenship applications within 2 years. If they don’t respond in that timeframe, you have the right to take legal action in an Italian court to assert your claim.
When Can You File a Lawsuit?
- If the consulate fails to respond within 24 months.
- If the application is denied without a valid reason.
- If processing times become excessively long.
Legal Process
- File the case in an Italian court with a lawyer’s assistance.
- A judge reviews the documentation.
- A ruling is issued recognizing your citizenship.
Pros and Cons
- Pros: Faster than waiting for the consulate.
- Pros: Legally binding court decision.
- Cons: Requires a lawyer specialized in Italian citizenship.
Reacquiring Italian Citizenship After Losing It Before August 16, 1992
If you lost your Italian citizenship due to naturalization before August 16, 1992, there’s a way to get it back! Thanks to Law No. 91/1992, Italy allows former citizens to reclaim their status, as long as they never officially renounced it.
Usually, this process requires establishing residency in Italy. It’s a key option for those whose citizenship was denied due to an ancestor’s involuntary naturalization.
Pros:
- Restores citizenship lost before 1992.
- Recognizes the storic right of Italian descendants to reconnect with their heritage.
Cons:
- Residency in Italy is required.
- A court process is required with the assistance of a lawyer experienced in citizenship by descent
Residency in Italy to Apply for Citizenship Directly at the Municipality
One of the fastest ways to secure Italian citizenship by descent is to apply directly in Italy after establishing residency in the municipality where your ancestor was born.
How Does It Work?
- Move your residency to Italy and register with the local Population Registry (Anagrafe).
- Submit your citizenship application at the municipal civil status office.
- Authorities will review your documents (usually within 6–12 months).
- Once approved, you receive your citizenship certificate and update your AIRE registration.
Pros & Cons
- Pros: Faster than the consular process
- Pros: You can oversee everything personally
- Cons: Requires temporary relocation to Italy
- Cons: Costs for rent and living expenses
Conclusion
Italian citizenship iure sanguinis by descent is a recognized right, but the consular process can be long and frustrating. Exploring alternative routes such as residency in Italy or judicial appeal can speed up the process and ensure recognition of citizenship in a much shorter time.
