Italian Citizenship By Descent- Why Maternal Lineage Is An Exception

Italy is among the countries that let people claim citizenship rights through their bloodline. Gaining access to the country sounds pretty simple when you have ancestral roots and can validate them with relevant documentation. But Italian citizenship by descent can get complicated if you want to claim through a female relative because the law is discriminatory towards women. To shed more light on the matter, we found an in-depth explanation on Bersani Law Firm’s website here. You can go through the eligibility requirements and exceptions to understand how things work when you claim Italian citizenship via a female ascendant.

Eligibility for Italian citizenship by descent

The conventional Jure Sanguinis process requires you to fulfill some requirements to validate your eligibility to claim citizenship by descent. Here is a list you need to comply with to be eligible.β€’ Either or both of your parents are Italian. Alternatively, adoption by an individual of Italian descent also makes you eligible. But you must be a minor at the time of adoptionβ€’ A person is considered minor at the age of 21 if born before 1975 and 18 if born after 1975.β€’ Your Italian-born ancestor was alive and a citizen of the country after 1861, the year of the Italian unification.β€’ The ancestor must not have become a naturalized citizenof a foreign country before the next person in the Italian bloodline was born. 

Exception for people with a female lineage

While things sound pretty straightforward on the eligibility front, some exceptions can make them complicated. People claiming through an Italian female have to validate that the woman ancestor gave birth before January 1, 1948. Italian women could not pass on their citizenship rights to their children before this date. It means you cannot apply through the conventional process if you wish to claim Italian citizenship by descent through a female ascendant if she had a child before 1948. The law sounds discriminatory, and it is. But thankfully, the Italian government addressed it and offered an option to immigration aspirants.

The 1948 Rule as a solution

If your Italian bloodline passes through a female relative, you cannot apply through the administrative process at a consulate. But you still have an alternative to get through with the 1948 Rule that requires you to apply with a court process. Although a judicial route for acquiring citizenship seems daunting, it can actually be easier and faster than its administrative counterpart. You only need to have your documents in place and a seasoned attorney to represent you in the court. As long as you get your eligibility right and pick the apt route, the journey can be easy regardless of your lineage.

Italian citizenship by descent is a golden chance to get into the country if you can trace your roots there. But everything boils down to picking an option according to your eligibility. Finding a citizenship expert who can guide you is the best thing to do. Although you have to spend on their services, you end up saving money, time, and stress. 

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