Italian citizenship by descent means an Italian born male or female ancestor did not break the line of citizenship within your lineage. Children born to an Italian parent automatically inherited the right to pass on Italian citizenship through jure sanguinis (right of blood).
Citizenship is passed on to the next of kin with no generational limit, on the condition that none of the Italian ascendants have ever formally renounced Italian citizenship or did so after the next of kin was an adult (21 until March 9, 1975, and 18 thereafter).
To apply through jure sanguinis you must prove that you have inherited the right to Italian citizenship through official records from your Italian born ascendant to you.
To qualify through jure sanguinis, first, your Italian ancestor had to been alive on or after March 17, 1861, when the new Kingdom of Italy was proclaimed.
Second, that same Italian ancestor could not have become an American/Canadian/UK citizen before July 1, 1912.
Third, your same Italian ancestor must not have become an American/Canadian/UK citizen before the next person in your lineage was considered an adult (21 until March 9, 1975, and 18 thereafter) or if they no longer cohabited with their parent and were considered the “head of their family” at a new residence during the time their parent naturalized.
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Under Italian law, Italian-born women, and women of Italian descent, could hold but not pass citizenship to their children born before January 1, 1948.
Those claiming Italian citizenship through jure sanguinis could only do so through the male line of ancestry. Italian-born women and women born abroad who held Italian citizenship were discriminated against as well as Italian women married to non-Italian men until the 1948 Rule went into effect.
Once men and women obtained equal rights through the Italian constitution, were Italian women able to pass on Italian citizenship to their children.
The Italian consulates deny all citizenship applications where the lineage references an Italian-born female ancestor whose child was born prior to 1948.
The 1948 Rule, also known as the female line rule, allows children born to an Italian mother prior to 1948 to claim Italian dual citizenship before the Italian Courts.
We work meticulously with a reputable Italian attorney to assist with 1948 case citizenship applications.
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Foreign spouses of Italian citizens may qualify for Italian citizenship through marriage. Same-sex civil unions fall under this category too!
To qualify through marriage, the couple must be married three years from the marriage/civil union date if residing abroad and only two years if residing in Italy.
One spouse must have Italian Citizenship and be registered with AIRE.
Lastly, the applying spouse must prove knowledge of the Italian language through a B1 level certification, that is required to be certified by an educational institution approved by the Italian Ministry of Education (“MIUR”) or Ministry of Foreign affairs (“MAECI”).
Through well documented proof of the marriage and requirements, the foreign spouse may apply for Italian citizenship through the consulate.
We can assist you on your journey with our Poco Services!
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The information provided on this website does not, and is not intended to, constitute legal advice or tax advice; instead, all information, content, and materials available on this site are for general informational purposes only. We are not qualified to render legal opinions. Italian Citizenship Team LLC does not guarantee citizenship and is not the Italian Consulate nor the Judge in Italy. The Italian Consulate and the Judge in Italy grant Italian Citizenship to applicants.
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