Italy Citizenship by Descent

It’s highly possible, as many individuals of Italian heritage are eligible for Italian citizenship by birthright. However, merely having Italian ancestry is not sufficient. You must substantiate that the right to claim Italian citizenship was passed down from your Italian-born ancestor to you in accordance with Italian laws. 

Prior to August 15, 1992, Italian citizenship was exclusive, necessitating Italian-born citizens to renounce their citizenship upon acquiring citizenship in another country. Children born to Italian citizens in countries following “jure solis” (by the soil) principles gained foreign citizenship by virtue of their place of birth. If you are in the process of pursuing citizenship through ancestry and seek guidance on “jure sanguinis” eligibility, our team can conduct thorough background research to determine if you qualify for Italian citizenship based on bloodline.

Italian citizenship through descent is attainable because Italy recognizes the principle of “jure sanguinis,” which relies on the bloodline. Nevertheless, it is imperative to establish that your Italian ancestor was genuinely an Italian citizen or possessed the right to claim Italian citizenship at the time of their birth. This hereditary citizenship right can then be transmitted through successive generations along the family lineage.

It’s crucial to note that prior to March 17, 1861, Italy did not exist as a unified nation, and there were no Italian citizens. To initiate a “jus sanguinis” citizenship application, the oldest Italian ancestor in the lineage must have been alive on or after that significant date. A child born to an Italian citizen inherits all the privileges and entitlements of Italian citizenship, provided they meet the criteria outlined in Italy’s laws. Additionally, it is essential that none of the applicant’s most recent Italian-born ancestors naturalized as citizens of another country before the birth of the next individual in the bloodline, as this can impact eligibility.

Before embarking on the application process for Italian citizenship through “jure sanguinis,” it’s imperative to gather some vital information:

1. Dates of birth for every relative in the lineage connecting you to your Italian-born ancestor (exact dates are not mandatory, but the year is crucial).
2. The date on which your ancestor naturalized to the country of your current citizenship.

Before delving into the procedure for Italian dual citizenship, it’s advisable to ensure that your existing citizenship is not adversely affected by obtaining Italian citizenship. In the United States, this is typically not an issue, as the USA, along with several other nations, permits individuals to hold multiple passports concurrently. However, if you are residing outside the USA and harbor uncertainties regarding your country’s regulations on dual citizenship, you can review your citizenship laws independently or allow us to assist you with this during your complimentary phone consultation.

There are four prerequisites that must be fulfilled to qualify for Italian citizenship through descent:

1. The applicant must have been born to either an Italian citizen parent or a parent with the right to claim Italian citizenship “jure sanguinis.”

2. The applicant must be in direct blood lineage, and at least one of the applicant’s most recent Italian-born ancestors should not have naturalized as a citizen of another country before the birth of the Italian-born ancestor who is next in the applicant’s bloodline.

3. In cases where the applicant’s mother is Italian, and the child was born after January 1, 1948, you do not need to meet any other criteria and you can already apply.

4. Ancestors who naturalized before June 14, 1912, are unable to transfer their citizenship, even to children who were born before their naturalization.

When pursuing Italian citizenship by descent, each person in the direct lineage must meet these conditions and requirements to acquire Italian citizenship through ancestry. According to the Italian Ministry of Interior, there is no limit on the number of generations involved, but the relative who emigrated from Italy must have passed away after March 17, 1861. A relative who passed away before this date is not regarded as an Italian citizen, as Italy had not yet achieved unification as a nation.

• At the time of your birth, your father held Italian citizenship and did not undergo naturalization as a citizen of any other country.
• At the time of your birth, your mother possessed Italian citizenship and did not undergo naturalization as a citizen of the United States or any other country. Your birth occurred after January 1st, 1948.
• Although your father was not born in Italy, either your paternal grandfather or grandmother was born in Italy and held Italian citizenship or had the eligibility for Italian citizenship “jure sanguinis” when your father was born.
• While your mother was not born in Italy, either your maternal grandfather or grandmother was born in Italy and held Italian citizenship or had the eligibility for Italian citizenship “jure sanguinis” when your mother was born. Furthermore, your birth-date falls after January 1st, 1948.
• Neither your paternal nor maternal grandparents were born in Italy. However, both your paternal and maternal great-grandfathers or great-grandmothers were born in Italy, possessed Italian citizenship, or had the entitlement to Italian citizenship “jure sanguinis” when your grandparents were born.
• Neither your paternal nor maternal great-grandparents were born in Italy. Nevertheless, both your maternal and paternal great-great-grandfathers or great-great-grandmothers were born in Italy, held Italian citizenship, or had the eligibility for Italian citizenship “jure sanguinis” when your great-grandparents were born.

As per Italian nationality regulations, when seeking Italian citizenship through the “law of blood,” if your Italian ancestor is a woman born before January 1st, 1948, then Italian citizenship can potentially be conferred upon her descendants, provided they were born after January 1st, 1948. This provision has sparked numerous appeals, resulting in seven trials conducted by the High Court of Rome to address these appeals. Cases related to the year 1948 have become increasingly common, and further information on these cases can be found here.

For individuals pursuing Italian citizenship and tracing their ancestry to Friuli-Venezia-Giulia, Trentino Alto-Adige, or Veneto, it is necessary to provide evidence of an ancestor born in Italy who subsequently emigrated from the country after July 16, 1920, to qualify for Italian citizenship.

In instances where an ancestor was born in Italy and subsequently naturalized in the United States before June 14th, 1912, while also renouncing their Italian citizenship, this renunciation applies to their underage Italian children who either reside in or were born in the United States.

To initiate the process of obtaining Italian citizenship through bloodline, a visit to the relevant Italian Consulate with jurisdiction over your current place of residence is required. It’s important to note that consulate procedures may differ, particularly regarding appointment scheduling, waiting times, and the requisite documentation. However, the fundamental legal prerequisites for obtaining Italian citizenship through ancestry remain unchanged.