Italian citizenship by descent is one of the most popular immigration routes for people with ancestral connections in the country. Nothing sounds easier than claiming citizenship by establishing your local lineage through parents, grandparents, or great-grandparents. The great thing about the Jure Sanguinis process is that there are no generational limits. It means you can get in through a distant relative in an unbroken bloodline.
But things may not be simple if you wish to claim through a female relative. You may actually not qualify through Jure Sanguinis but can still apply through an alternative route. If you want to learn about this option, you can read more on Bersani Law Firm website to get a comprehensive overview. Let us share a brief guide on qualifying for Italian citizenship through maternal descent.
Know the exception to Jure Sanguinis
Although Jure Sanguinis sounds simple, it can get tricky if you have a female relative in your bloodline. You do not qualify for citizenship if your Italian-born female relative gave birth to a child next in the direct line of Italian ascendancy before 1948. Such applicants cannot apply through the conventional consulate process because they come into an exception to citizenship by descent. However, you can apply through the 1948 judicial process that goes through the court to establish your ancestral connection in the country. The Italian government implemented the 1948 Rule to address the discriminatory stance of the immigration law.
Find when your female ancestor gave birth
If you have an Italian ancestor in your direct lineage, you can claim citizenship by descent, regardless of the relative’s gender. But when it comes to applying through maternal descent, the route depends on the year when the woman gave birth. You can submit your application to the consulate if she gave birth after 1948. Conversely, the court process works for those who had a child before the year. So the first step should be to find the year your female ancestor gave birth so that you can follow the right option.
Understand the 1948 court process
Claiming citizenship through a judicial process sounds daunting compared to getting in through a consulate interview. But the truth is that the 1948 court process is simple and quick. In fact, you may get in earlier as the system bypasses the extended immigration queues at the consulate. Moreover, the paperwork for both options is almost the same, so there are no additional complexities with document gathering, translation, and legalization. You can even hire a local 1948 specialist lawyer to manage the hearing on your behalf. You only need to give them power of attorney to represent you in the Italian court instead of traveling for the court dates yourself.
Although the Italian immigration law was initially discriminatory toward women, the 1948 Rule changed the picture. People with a female lineage can apply through the court or consulate, depending on the year when their relative gave birth to the child. Moreover, the process can be a breeze if you have a seasoned professional showing the way.
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