Italian citizenship by judicial process

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Applications for Italian citizenship 𝘪𝘶𝘳𝘦 𝘴𝘢𝘯𝘨𝘶𝘪𝘯𝘪𝘴 by judicial process, filed by descendants of Italians who emigrated abroad, fall into two distinct categories:

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Italian citizenship 𝘪𝘶𝘳𝘦 𝘴𝘢𝘯𝘨𝘶𝘪𝘯𝘪𝘴 by maternal line
Italian citizenship by maternal judicial  line occurs when there is a woman in the line of descent and she had a child before January 1⁰, 1948. This is because legislation provided that a woman who married a foreigner lost her Italian citizenship and could not transmit it to her descendants. In this case, the only option is to seek recognition of Italian citizenship through the Italian courts.

Italian citizenship 𝘪𝘶𝘳𝘦 𝘴𝘢𝘯𝘨𝘶𝘪𝘯𝘪𝘴 by paternal line. 
The waiting lists at Italian consulates (particularly in Brazil) for applications for recognition of Italian citizenship 𝘪𝘶𝘳𝘦 𝘴𝘢𝘯𝘨𝘶𝘪𝘯𝘪𝘴 are increasingly long, with an administrative backlog of more than 10 years. Whereas, by law, the Consulate has 730 days to analyze the documentation and conclude the administrative paperwork for Italian citizenship. 
Case law recognizes that the extremely long waiting times imposed by some Italian consulates constitute a violation of the subjective right to the recognition of Italian citizenship iure sanguinis. Therefore, the judicial procedure is an alternative for obtaining Italian citizenship without having to come to Italy at any time.
The Italian Parliament has passed a reform of civil procedure aimed at simplifying the procedures, with the intention of making them faster.

We offer legal advice for the recognition of Italian citizenship directly in Italy before the competent court, both for the judicial process by maternal and paternal way.
In addition, we provide assistance to citizens who do not have the financial means to pay for the appeal for the recognition of Italian citizenship iure sanguinis by judicial process (for the year 2022 income not exceeding 11,746.68 euros).

 

Who is eligible
To be eligible for free legal aid in Italy (patrocinio a spese dello Stato), the applicant must have an annual taxable income, resulting from the last declaration, not exceeding 11,746.68 euros. If the person in question cohabits with his or her spouse, partner or other family members, the income is the sum of the income received during the same period by each family member, including the applicant.

 

Our team consists of Italian lawyers and experienced consultants focused on service excellence and client proximity.

For more information, please contact us!