Italy is a great country to live in as you get a mix of the best lifestyle, weather, health and education system, financial opportunities, and more. Accessing Italian citizenship is easy as you have different routes to explore. Citizenship by descent is a popular option because a significant number of Americans have Italian roots. You can leverage your bloodline to reunite with your family and start a new life in the country. While things sound simple, there is more you need to understand if you have a female lineage. Here is a great article written by Bersani Law Firm covering the 1948 Rule, specifically meant for people applying through maternal bloodline. Let us list some facts you need to know about this route.
What is the 1948 Rule?
Jure Sanguinis or Italian citizenship by descent lets Italians pass it on to their children. But it does not apply to women who gave birth before January 1, 1948. The system is unfair and discriminatory as it keeps legitimate applicants from qualifying only because they have a maternal Italian bloodline. Even worse, siblings from the same family can miss out as they were born before 1948. The Italian government made a conscious effort to address the discriminatory practice by introducing the 1948 Rule. It enables you to apply for Italian citizenship by descent regardless of the gender of your ascendant. But the process is different from the conventional administrative route as you have to apply through court. Although a legal process sounds daunting, you may end up closing it faster.
When can you apply through the 1948 Rule?
The 1948 Rule is applicable for people with maternal bloodline, but you have to fulfill the eligibility criteria to have a valid claim. The first thing to consider is the time when your female ascendant gave birth to her child. If her child was born before 1948, you qualify for the judicial process because Italian women couldn’t pass on their citizenship before the date. Conversely, you can go ahead with the regular administrative process if she gave birth after 1948. The dates can get confusing, and there is always a chance you may pick the wrong option. The best way to address the concern is by seeking the services of a citizenship expert.
What are the steps for court application?
If you qualify to apply for citizenship by descent through a maternal line, you must get set for a legal process. You will have to file in the Italian Court of Rome and follow a set of steps to complete it. Here are the ones that enable you to claim your rights despite a female lineage.
Step #1- Gather the required documents
Paperwork gets you on the right track, and it is even more crucial for a court process. You will have to present a list of relevant documents as evidence for the ancestor’s life events and your lineage in the country. These include birth and death certificates, marriage records, divorces, and naturalization records. You can procure additional documents to strengthen your case.
Step #2- Legalize and translate the documents
Gathering the documents is not enough. You have to ensure they are legalized to be valid in the Italian court. Any document originating outside Italy must have an apostille stamp to authenticate it. Likewise, get them translated into Italian as it is the only language that the court recognizes. You also need to have them certified by an Italian judicial officer after translation.
Step #3- Hire an attorney for legal representation
After sorting the paperwork, you need to hire an attorney to represent your case in court. A seasoned local lawyer with domain expertise is an ideal choice because they know how these cases work. You can give them a Power of Attorney, and they will take the proceedings forward on your behalf. It lets you save money and time as you need not travel to Italy for the hearing.
Step #4- Get a hearing date and verdict
Your lawyer will file a petition once you share the power of attorney and documents with them. The court will assign a case number and judge and provide a hearing date. The judge examines the documents and asks questions during the hearing. They pass a verdict in most cases or may ask for additional documents in the next hearing.The case closes once you get a verdict in your favor. You can complete the process by registering at your ancestor’s comune. A maternal lineage need not hinder your Italian citizenship dreams, provided that you follow the right steps of the 1948 Rule and have an expert showing the way.
Leave a Reply