1948 Case Italian Citizenship

1948 Case Italian Citizenship: what is that? is that an Italian Citizenship loophole?

If you are applying for Italian citizenship through your maternal line (grandmother or great-grandmother), you may fall under the category of 1948 Case, that’s particularly trending in the last years according to the Italian Ministry statistics.

According to the 1948 Rule in Italy, Italian citizenship may be granted to children born after 1948. While they can acquire their mother’s Italian citizenship, those born before 1948 cannot.

At “ICD – Italian Citizenship by Descent”, we can assist you with the application process after carefully evaluating your situation. Our team of qualified Italian citizenship lawyers is experienced in handling different kinds of Italian citizenship cases and resolving any issues.

Let’s find out more about the 1948 Case in Italian citizenship and what you need to know when applying through this route.

What Is the 1948 Rule?

1948 is a significant year in Italian history and its citizenship system. Before this time, only men could pass down citizenship to their children under the 1912 Italian Citizenship law.

The passage of the 1948 Italian Constitution granted civil rights to all women, including the right to vote. Italian women also became eligible to transfer Italian citizenship to their children.

If an individual’s lineage is connected via an Italian woman, her children must have been born after January 1, 1948. This is often referred to as the 1948 Rule in Italian citizenship court cases.

Those born before 1948 may not be eligible for citizenship unless it is through the administrative or traditional way (Italian lineage made up of men).

We understand that this is a complex legal process. Our experienced lawyers will help you proceed through the Italian judicial system, so you can claim your Italian citizenship.

Appealing the 1948 Rule with a 1948 Case Italian Citizenship.

The Italian Supreme Court recently held that the current provision is contrary to the equality between men and women under the Constitutional principles. A trial case challenged the 1948 Rule as discriminatory and unjust.

Thus, children born to an Italian mother before 1948 may file a motion to appeal the 1948 Rule. If they are eligible, they may obtain Italian citizenship.

Recent court challenges to this law have been filed and adjudicated in Rome. However, the current law is not yet modified or amended by the Italian government.

For this reason, Italian consulates outside of Italy still strictly adhere to the 1948 Rule until the current law is amended. US courts also have no jurisdiction over Italian jure sanguinis citizenship as it involves Italian law.

So, basically, if you fall under the 1948 Case, you need to file your petition for Italian Dual Citizenship by descent at the Italian Court in Rome. With Us.

How To Apply for Italian Citizenship Under the 1948 Rule

Determine If You Have a 1948 Case of Italian Citizenship.

Here are some factors to consider when determining your eligibility for Italian citizenship through the 1948 case:

• You find a woman in your Italian bloodline, whether your grandmother or great-grandmother.
• This female ancestor had a child (either male or female) before 1948.
• A male in your Italian lineage is not eligible for passing Italian citizenship by blood (jus sanguinis) due to being naturalized.
• A male in your Italian lineage is eligible for passing Italian citizenship, but you cannot find records about him. In this case, the female ancestor is the only one eligible for the 1948 case.

In this step, it is crucial to collect all vital information and documents to help with your case. Our lawyers will then determine your eligibility under the Italian citizenship 1948 rule, so we can proceed with the application process.

Begin the Application Process

If your case falls under the 1948 Rule, the most ideal way to obtain your Italian citizenship is by filing a legal action at the Italian courthouse in Rome.

The High Courts recognize the right to claim Italian citizenship by descent in cases of women in the bloodline who had their child before 1948.

Meanwhile, Italian consulates and municipalities are bound by the letter of the law. This means that they can only grant citizenship to children born to an Italian female after 1948.

Italian consulates are also known for their long wait time during the entire process. As such, the fastest way to apply for Italian citizenship by descent is through the court.

When you work with us, we will help you submit your application through the Italian Court. There is no need for you to come to Italy during the entire process.

You just need to sign a power of attorney (POA), allowing your lawyers to represent you in court for your 1948 Italian citizenship petition.

Steps of the 1948 Italian Citizenship Case at the Italian Court

Our experienced lawyers will assist you with the required steps involved in your Italian citizenship application. A 1948 case Italian Citizenship at the Italian Court can be divided into the following steps.

1. Citizenship Application – Your 1948 Case Italian citizenship application will be submitted and registered at the court in Rome with the so-called “Iscrizione a Ruolo.”
2. Preparation of the Procedure – A judge will be nominated and assigned to your 1948 Italian citizenship case. We will notify the application and the court appeal at the Italian Ministry of Internal Affairs (should they participate).
3. The Hearing – Your 1948 case will be evaluated at the court. The judge will check all necessary documentation.
4. Final Decision – The judge will determine your right to obtain Italian citizenship by descent and order the Italian authorities to acknowledge you as an Italian citizen.

Let Us Help You With Italian Citizenship 1948 Case

If you are looking to claim your Italian citizenship through the 1948 Case, you need a competent legal expert by your side. Our team of lawyers is knowledgeable in Italian citizenship law to help you determine your eligibility.

We can also assist you with your application to bring your 1948 citizenship case to the attention of the Italian court. Our expertise covers a wide range of areas, ensuring that we are well-equipped to resolve any problems you may encounter with the procedure.

Get in touch with us today if you have any inquiries.