Italian Citizenship by Descent Court Cases

Applying through the Court of Rome is the ideal way to obtain Italian Citizenship. Our qualified lawyers can assist you with Italian Citizenship by descent court cases.

There are several options available to anyone who seeks to apply for Italian Citizenship. These include any Italian consulate, local municipality, or the Italian Court of Rome

Out of the three, Italian Citizenship by descent court cases offers a more favorable outcome. The Italian High Court is the only competent jurisdiction to deal with various Italian citizenship cases involving bloodline (jure sanguinis). 

At “ICD – Italian Citizenship by Descent”, our team of specialized lawyers can provide you with assistance throughout the entire judicial process. As your legal representative, we will attend meetings and court hearings in Rome on your behalf. 

We will guide you in every step of the application process, so you can successfully obtain your Italian Citizenship through the court. 

Let us know how we can help with your case. Get in touch with our team of qualified lawyers for a case evaluation today. 

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Determining Eligibility for Italian Citizenship by Descent 

If you have Italian ancestors in your lineage, you may be eligible to claim Italian Citizenship by descent. It refers to “jure sanguinis” (or jus sanguinis), a Latin term that means “right of blood.”

The “Jus Sanguinis Italy” principle indicates the process of obtaining Italian Citizenship. Once granted, you will have the same rights and privileges as Italian citizens. 

But despite having Italian grandparents or great-grandparents on your bloodline, Italian Citizenship by descent may not automatically be granted to you. It is a complex process that requires adequate research and preparation. 

You need adequate proof that the bloodline was transferred from your Italian ancestor to you. It is vital to collect as much evidence and information as you can. 

At “ICD – Italian Citizenship by Descent,” we can help you determine your eligibility depending on your unique situation. Our lawyers are experienced in handling many Italian citizenship-by-descent exceptional cases (the so-called “Italian Citizenship by Descent Court cases”).

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Check with us if you’re eligible to apply for Italian Citizenship by Descent!

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Italian Citizenship by Descent Court Cases

Let’s see in detail which are these exceptional cases that fall under the category “Italian Citizenship by Descent court cases“.

Under the previous 1912 Rule, only men could pass on Italian Citizenship to their children, whether born in Italy or abroad. However, with the passage of the 1948 Italian constitution, women were finally allowed to transfer Italian Citizenship to their children. 

This provision only applies to those born after January 1, 1948. As a result, Italian consulates deny all citizenship applications through a female ancestor whose child was born before 1948. A recent trial case challenged these situations as discriminatory and unjust. 

Various Italian Citizenship by descent court cases may prove successful. If your situation falls under any of these examples, you may appeal your case before the Italian court:

  • The Italian consulate takes more than two years to process your Italian citizenship application, starting from when you submitted your paperwork. 
  • The consulate rejects your application for Italian Citizenship by descent. 
  • The meeting date set by the consulate for application submission is more than two years away
  • You are unable to schedule an appointment with the Italian consulate. The online booking system (Prenota Online) may not show any available date or time. 
    Here you can read a complete guide on what to do if you cannot book an appointment at the Italian Consulate.
  • Your Citizenship involves the 1948 Case” or the “1948 Rule,” wherein an Italian woman transfers her Italian Citizenship to a child born before January 1, 1948. 
  • You are applying for Italian Citizenship through a female ancestor. However, she has lost her Italian Citizenship after being married to a foreigner. 

Due to the judicial precedent established by Italian courts in 2009, applying for Italian Citizenship through the court now has higher chances of succeeding. Since then, almost all types of these cases have been won. 

If you choose to take this route, you do not need to live or travel to Italy during the legal proceedings. Our team will represent you as your Italian citizenship-by-descent lawyers in court to obtain your Citizenship.

italian-citizenship-by-descent-court-cases

Did you know it?

The most common cause of Italian Citizenship by Descent through the Court is the so-called “1948 Case of Italian Citizenship”

How Italian Citizenship by Descent Through Court Works

Step 1: Retrieval of Vital Records

The first step involves procuring all relevant documents of your Italian ancestry to support your citizenship application. These include birth and marriage certificates, death records, and certificates of naturalization or no-naturalization

This is an essential step, even before preparing the Italian Citizenship by descent Court cases.

Step 2: Legalization of Documents

All vital records retrieved must be legalized. Non-Italian documents will need to bear an apostille, a particular authentication seal that allows a copy to be used in Italy.

This is not important just on Italian Citizenship Court Cases but on all applications.

Step 3: Certified Translations

Vital records not in the Italian language must be translated and certified for accuracy before these same certificates can be used for the judicial proceeding. There are two ways to certify translations:

  • “Asseverazione Delle Traduzioni” – A particular procedure that permits translations by an Italian judicial authority. We can provide this service as required.
  • “Certificazione di Conformità di Traduzione” – These are certified translations by your local Italian consulate.

Step 4: Appointing an Italian Citizenship Lawyer

When applying for Italian Citizenship by descent through court, you need a lawyer with relevant and proven experience. Our Italian citizenship lawyers possess the necessary expertise to represent you in the Court of Rome. 

Step 5: Signing a Power of Attorney

There is no need for your physical presence during the application process. You need to sign a power of attorney (POA), allowing your Italian citizenship lawyer to represent you for your citizenship petition or claim. 

Step 6: Preparation for the Procedure

Once we have received all the necessary documents, our lawyers will run through the details of your case. Then, we will prepare the actual petition to be filed in court. 

Step 7: The Hearing

The hearing serves as a preliminary evaluation of the case. During this time, the JudgeJudge will assess the main focal points of your case and ask for any clarifications if needed. 

Step 8: Final Decision

Following the final hearing, Judge generally issues his decision within two to three months. If successful, the same JudgeJudge will recognize your Citizenship with a court order. This document entitles you to have your vital records registered in Italy. 

Do you fall under the “Italian Citizenship Court Cases” category?

Let our team of expert lawyers help you claim your Italian Citizenship by descent. We guarantee to provide the assistance you need throughout the entire judicial proceedings. Feel free to contact us if you have any questions or concerns.

Get a Free Eligibility Check.

Do you fall under the “Italian Citizenship by Descent Court cases” category? Check with us if you’re eligible for Italian Citizenship by Descent Court Cases (or an ordinary one).

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