Are you eligible to apply for Italian Citizenship?
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Requesting original documents is a critical step, and many things can go wrong: a different type of certificate, incorrect stamps, typos, and more. The slowness of local governments can seriously jeopardize your process.
Our experience has taught us that it is only through continuous telephone reminders that it is possible to move forward with a practice that would otherwise languish for months, or perhaps never be processed at all.
- 01. Records research
The year of birth, marriage, or death is not always known. Often a search is required to locate the record, within a municipality or neighboring municipalities.
- 02. Request for original records
The official request for records is a crucial moment.
A few phone calls with the Municipality concerned are necessary to determine how to set up the request and what needs to be transmitted, considering that here in Sicily each Municipality behaves as an almost independent institution. Telephone calls create a link between those who make the request and those who have to process it: the request is processed more quickly, is not forgotten and is treated with more attention.
- 03. Request for special documents
What happens if the dates in your country's records differ from those in the Italian records? Special documents are needed to resolve the discrepancy. We will resolve this and many other special cases.
- 04. Quality check
Once the documents arrive, we check them for accuracy. Stamps, signatures, dates, typos, and numerous other details present in the documents are checked. In case of errors, a (free) request for quick correction will be initiated.
- 05. Shipment
Once we receive the documents, we prepare them for shipment by FedEx, a company that has always provided us with exceptional service.
It is our practice to request an additional copy of the documents: the first copy is sent, while the additional copy remains in our offices until the shipment reaches the desired destination. In this way, if the shipment fails, we do not lose all the copies we have. We will then arrange for additional copies to be sent if requested.
Civil Status document
Birth certificate, birth extract, international birth extract and full copy birth certificate are among the civil status documents. The function of these certificates is to attest to the event of the birth.
- Birth certificate
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Certificato di nascita
- This is a document containing the essential data of the person concerned: name and surname, date and place of birth.
- Birth extract
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Estratto di nascita
- This is a document containing more detailed information: name and surname, date, time and place of birth, parents' names and any annotations.
- International birth extract
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Estratto di nascita internazionale
- This is an estratto di nascita issued on a special multilingual model that makes it valid abroad.
It is the most requested document by consulates and does not need to be translated.
- Full copy birth certificate
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Copia integrale dell'atto di nascita
- This is a full copy of the original document that contains all the information.
It is formally required by some specific consulates.
We do not provide legal advice!
We are not qualified to provide legal assistance, which means that we cannot tell you whether or not you are eligible to apply for Italian citizenship. Those who rely on us have already made an appointment with their consulate to find out what documents are needed. However, in 99% of cases, what you will need is your ancestor's birth certificate and marriage certificate, assuming the marriage took place in Sicily.
- What are the requirements for obtaining Italian citizenship by descent?
Italian law has operated on the basis of the "jure sanguinis" principle since the enactment of the Civil Code of 1865, which provides for the transmission of citizenship from parents to children. This principle was also established by Law No. 555 of 1912, which stated that "the child of a citizen father acquires citizenship at birth". The same principle was further ratified by Law No. 91 of 1992.
- Are there generational limits to the transmission of Italian citizenship by descent?
The law does not set a specific limit and provides that Italian citizenship is transmitted from generation to generation, from father to son.
- What if the ancestor was born before of the Constitution of the Kingdom of Italy?
In general, the request can be accepted, provided that the place of birth was in the territory of the Kingdom of Italy at the time of the ancestor's death. It should be remembered that some Italian cities joined the Kingdom of Italy at different times than others.
- What is the procedure for an application for Italian citizenship by descent?
The process of obtaining recognition of Italian citizenship by descent follows an administrative route. For those residing in Italy, the application for recognition must be submitted to the registry office of the municipality of residence. In the case of descendants residing abroad, the application must be submitted to the Italian consulate in the area where they reside.
- Can I obtain Italian citizenship through court?
Yes, but the assistance of a lawyer specializing in Italian citizenship is required.
Among the most common reasons are long waiting times at consulates, which by law must complete the process within two years of the date of the application. In some consular offices, the waiting lists exceed ten years, which requires an appeal for delay in the recognition of Italian citizenship by descent.
Another reason is the difficulty of obtaining an appointment through the reservation system. In the past, requests were sent by mail or e-mail, but now Italian consulates use a platform called "Prenot@Mi", which causes significant problems. In many consulates, it has become almost impossible to get an appointment due to the high volume of requests and the limited number of available appointments. In such cases, it is necessary to file an appeal to request the recognition of Italian citizenship due to the inability to obtain an appointment.
Finally, it is possible to appeal if the application for Italian citizenship is rejected. However, it is important to carefully consider whether the conditions for taking legal action in such circumstances are met.
- What is Italian citizenship by maternal line before 1948?
A special case that is appealed for is the recognition of Italian citizenship by maternal line before 1948. This occurs when a child born to a woman before 1948 is present in the family tree. When this occurs, recognition of citizenship can only be obtained through court action.
- Where to file an appeal for recognition of Italian citizenship by descent?
As of June 2022, appeals will be filed with the competent court in the area of birth of the Italian ancestor, if the applicant resides abroad.
- Is it necessary for the applicant to be present in Italy to attend the appeal hearings?
The proceedings are handled by the attorney. It is not necessary for the appellant to be present at the hearings.
- What is the average time to complete the Italian citizenship recognition process?
The length of the process varies depending on the court where the application is filed. In some courts it may take approximately one year to receive a decision, while in others it may take more than three years.
- What are the requirements regarding documents proving parentage?
Foreign documents must be submitted in original, and depending on the country of origin, an apostille for legalization, a sworn translation by an official translator, and an apostille of the translation may be required.
- What is a certificate of non-naturalization?
A certificate of non-naturalization is a document stating that the Italian ancestor did not obtain citizenship of another country and must be presented only for the Italian ancestor.
- What happens if the Italian ancestor was naturalized and lost Italian citizenship?
If the naturalization occurred before the descendant's birth, the line of descent is interrupted and neither the child nor the descendants can obtain recognition of Italian citizenship. If naturalization occurred after the birth of the child, the line of descent is not interrupted.
- What if I cannot locate the birth or baptismal certificate of my ancestor?
You can try to obtain a military draft certificate. If you cannot find the information you need, you can request a free legal consultation.
- Do the documents have an expiration date?
Documents do not have an expiration date, but it is preferable to have recent documents when possible.