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OBTAINING YOUR ITALIAN CITIZENSHIP
CITIZENSHIP CRITERIA
SPECIAL NOTE for DESCENDANTS OF TRENTINO, ALTO ADIGE, GORIZIA, TRIESTE, AND ISTRIA
SPECIAL NOTE for DESCENDANTS OF TRENTINO, ALTO ADIGE, GORIZIA, TRIESTE, AND ISTRIA
Exploring Italian Dual Citizenship: A Step-by-Step Guide
Qualifying for Italian Dual Citizenship: The Initial Questions for this time-consuming and complex process includes:
Before embarking on the journey to Italian Dual Citizenship, it's crucial to ask: "Do I qualify?"
Understanding eligibility criteria is the first step. Our team at OUR FAMILY CONNECT is here to guide you through this process, ensuring you have the information needed to determine your potential for an Italian passport.
Key Requirement: An Italy-Born Ancestor
Having an ancestor born in Italy is essential but not the sole criterion for eligibility. Importantly, there's no generational limit to tracing your lineage, provided your Italian ancestor emigrated after Italy's unification on March 17, 1861.
Proving Uninterrupted Italian Citizenship
It's not enough to simply have an Italian ancestor; you must demonstrate that Italian citizenship was passed down through generations without interruption. This involves:
Understanding Naturalization: If your ancestor became a U.S. citizen (or citizen of another country) before their child's birth in the U.S., Italian citizenship is considered "interrupted," disqualifying you from eligibility.
Example of Eligibility: If your paternal grandfather naturalized after your father's birth in the U.S., you might qualify. Conversely, if he naturalized before your father's birth, you do not qualify.
Exceptions and Documentation:
Never Naturalized: If your ancestor never became a naturalized citizen, you'll need to provide proof, such as a Letter of Non-Existence and Census records.
Key Dates and Rules:
- Naturalization before July 1, 1912, disqualifies you, as does applying through a maternal line for children born before January 1, 1948.
IMPORTANT NOTE - If your case involves the previous statement above, please be aware that Our Family Connect, through our attorneys, can challenge in court on your behalf.
In fact, the rules regarding Italian citizenship, particularly regarding naturalization before July 1, 1912, and applying through a maternal line for children born before January 1, 1948, have been challenged in Italian courts.
These rules have been subject to legal scrutiny due to their implications for individuals seeking to claim Italian citizenship through descent. The disqualification of individuals naturalized before July 1, 1912, and the restriction on claiming citizenship through a maternal line for children born before January 1, 1948, have been points of contention, leading to legal challenges aimed at revising or overturning these provisions.
As a result, there have been cases where courts have been called upon to interpret and potentially amend these rules to accommodate changes in societal norms and legal principles.
- The "minor migration" clause: If your ancestor migrated and naturalized as a minor with their parents, you likely won't qualify unless proven otherwise.
Documenting Your Lineage:
Documenting every vital event (births, marriages, deaths, divorces) in your family lineage is crucial. Missing records can complicate your application, but in some cases, additional documentation may suffice, subject to the Italian Consulate's discretion.
Why Accurate Information Matters:
The success of your application hinges on detailed, accurate information. Consulting with professionals can clarify eligibility, potentially revealing qualifying ancestors you hadn't considered.
OBTAINING CITIZENSHIP THROUGH MARRIAGE/CIVIL UNION
This is another possible path for citizenship. However, we have two different approaches related to marriages.
Women who married an Italian citizen prior and after April 27, 1983.
Basic regulations include:
Those who apply for citizenship by marriage or civil unions must be acquainted with the duties the Italian citizenship entails, first of all adherence to national values and irreproachable conduct.
The acquisition of Italian citizenship by marriage by a foreign national or stateless person who married an Italian national on or after April 27, 1983 is currently governed by Law no. 91 of February 5, 1992 (articles 5, 6, 7 and 8) and subsequent amendments.
Italian citizenship applications may also be submitted by a foreign national who has entered into a civil union with an Italian national. The civil union must have been registered in the Civil Status Registry of the relevant Italian “Comune” – Town Hall – (Legislative Decrees 5, 6 and 7/2017).
The foreign spouse or partner in a civil union can acquire the Italian citizenship upon request, provided they meet the legal requirements, as outlined below.
Relevant legislation:
Law no. 123 of April 21, 1983
Law no. 91 of February 5, 1992
Legislative decrees no. 5, 6 and 7 of January 19, 2017
Decree Law no. 113 of October 4, 2018 (so-called “Safety Decree”) converted by Law no. 132 of December 1, 2018
Decree Law no. 130 of October 21, 2020, converted by Law no. 173 of December 18, 2020
How OUR FAMILY CONNECT Can Help:
With over 20 years of experience, OUR FAMILY CONNECT offers comprehensive support for Italian Dual Citizenship applicants. Whether you need document retrieval, complete application assistance, fast-tracking in Italy, or navigating the process in the U.S., and around the globe, we're here to help.
SPECIAL NOTE for DESCENDANTS OF TRENTINO, ALTO ADIGE, GORIZIA, TRIESTE, AND ISTRIA
SPECIAL NOTE for DESCENDANTS OF TRENTINO, ALTO ADIGE, GORIZIA, TRIESTE, AND ISTRIA
SPECIAL NOTE for DESCENDANTS OF TRENTINO, ALTO ADIGE, GORIZIA, TRIESTE, AND ISTRIA
In accordance with the terms of the Treaty of Saint-Germain that concluded WWI, Italy acquired the territories of Trentino, South Tyrol (Alto Adige), Gorizia, Trieste, and partly Croatian-speaking Istria, collectively referred to as the "Annexed Territories."
The Treaty outlined specific provisions regarding the citizenship status of individuals residing in these territories. Article 70 of the Treaty stipulated that individuals holding citizenship rights in the former Austro-Hungarian Monarchy territories would automatically acquire the nationality of the governing state, excluding Austrian nationality.
However, Article 71 outlined exceptions to automatic acquisition of Italian nationality, particularly for individuals who acquired citizenship rights after May 24, 1915, or solely due to their official position. For descendants with ancestors born in Trentino or Alto Adige before July 16, 1920, eligibility for Italian citizenship is contingent upon proving that their ancestors resided in these territories until the specified date and did not emigrate prior to it. The requirement of July 16, 1920, is significant because ancestors who emigrated before this date were considered Austro-Hungarian citizens, thus unable to transmit Italian citizenship to their offspring.
To assist individuals in researching their ancestry, the regional government of Trentino has developed a comprehensive online database containing over 1.3 million records of individuals born in the territory from 1815 to 1923 (please see https://www.natitrentino.mondotrentino.net).
Additionally, the Research Center on the history of emigration from Trentino offers valuable resources, including biographies and narratives of numerous emigrants.
DISCLAIMER: It is important to note that the information provided here serves as general informational guidance and should not be construed as legal advice. We use the legal services of two different law firms in Italy directly. Upon the engagement of their services, the qualified attorneys will be able to provide legal guidance based on your peculiar and particular circumstances. Additionally, the article contains links to third-party websites for reader convenience, but their inclusion does not imply endorsement or responsibility for their content.
FAQ - CITIZENSHIP
SPECIAL NOTE for DESCENDANTS OF TRENTINO, ALTO ADIGE, GORIZIA, TRIESTE, AND ISTRIA
FAQ - CITIZENSHIP
Q1: How do I know if I qualify for Italian Dual Citizenship?
A1: Qualification depends on having an Italian-born ancestor and an uninterrupted line of Italian citizenship. Your Italian ancestor must have emigrated after March 17, 1861, and you need to prove that Italian citizenship was passed down to you without interruption by naturalization or other means.
Q2: What does "uninterrupted Italian citizenship" mean?
A2: It means that the Italian citizenship was passed down from your Italian ancestor to you without being renounced or interrupted by naturalization in another country before the next generation was born. If your ancestor naturalized as a citizen of another country before their child's birth, the line of Italian citizenship is considered interrupted.
Q3: Is there a limit to how many generations back I can go to qualify for citizenship?
A3: No, there is no generational limit. However, your Italian ancestor must have left Italy after it became a unified nation on March 17, 1861.
Q4: What if my Italian ancestor naturalized in another country? Does that affect my eligibility?
A4: Yes, it does. If your ancestor naturalized before the birth of their next-of-kin in your direct lineage, then Italian citizenship is considered interrupted, and you may not qualify. If they naturalized after, you might still be eligible.
Q5: Can I apply for Italian Dual Citizenship through a female ancestor?
A5: Yes, but there are specific rules. If applying through a female ancestor, her child must have been born after January 1, 1948. For children born before this date, citizenship could not be passed through the maternal line due to the "1948 Rule," although legal appeals are possible.
Q6: What documents will I need to apply for Italian Dual Citizenship?
A6: You'll need a comprehensive set of documents, including birth, marriage, death, and if applicable, divorce records for each family member between you and your Italian ancestor. You also need proof of your ancestor's naturalization status or lack thereof.
Q7: My Italian ancestor never naturalized. Is that beneficial for my application?
A7: Yes, it can be advantageous. You'll need to provide documentation proving non-naturalization, such as a Letter of Non-Existence from the National Archives and certified census records.
Q8: How can OUR FAMILY CONNECT assist me in obtaining Italian Dual Citizenship?
A8: We offer a range of services, from document retrieval and application assistance to legal advice for challenging cases like the "1948 Rule." With over 15 years of experience, we can guide you through the process, whether you're just starting or need help with specific or all aspects of your application.
Q9: How long does the process of obtaining Italian Dual Citizenship take?
A9: The timeline can vary significantly based on several factors, including the complexity of your case, the specific Italian consulate's processing times, and how quickly you can gather the necessary documentation. It can take anywhere from several months to a few years (based on previous historical data, cases can take from 18 to 24 months (or even longer); however, be aware that each case is different and has different levels of complexity; consequently, it would inadequate to set a date in specific). The best approach here is always to provide all documentation requested as soon as the contract is signed and the law firm retained in Italy. So the process can be filed with the Italian court.)
Q10: Can OUR FAMILY CONNECT help if my ancestor naturalized as a minor?
A10: Yes, we can help investigate and provide documentation that may prove your eligibility for citizenship despite your ancestor's minor naturalization status, depending on the specifics of your case.
These Q&A are designed to address common concerns and provide clarity on the process of obtaining Italian Dual Citizenship, showcasing the expertise and support OUR FAMILY CONNECT offers. Any other question, please contact us directly through the appointment section.