[fusion_builder_container hundred_percent=”no” hundred_percent_height=”no” hundred_percent_height_scroll=”no” hundred_percent_height_center_content=”yes” equal_height_columns=”no” menu_anchor=”” hide_on_mobile=”no” status=”published” publish_date=”” class=”” id=”” background_color=”” background_image=”” background_position=”left top” background_repeat=”no-repeat” fade=”no” background_parallax=”none” enable_mobile=”no” parallax_speed=”0.3″ video_mp4=”” video_webm=”” video_ogv=”” video_url=”” video_aspect_ratio=”16:9″ video_loop=”yes” video_mute=”yes” video_preview_image=”” border_color=”” border_style=”solid” margin_top=”” margin_bottom=”” padding_top=”100px” padding_right=”” padding_bottom=”0px” padding_left=”” type=”legacy” border_sizes_top=”0px” border_sizes_bottom=”0px” border_sizes_left=”0px” border_sizes_right=”0px”][fusion_builder_row][fusion_builder_column type=”1_1″ layout=”1_1″ background_position=”left top” background_color=”” border_color=”” border_style=”solid” spacing=”yes” background_image=”” background_repeat=”no-repeat” padding_top=”” padding_right=”” padding_bottom=”” padding_left=”” margin_top=”0px” margin_bottom=”0px” class=”” id=”” animation_type=”” animation_speed=”0.3″ animation_direction=”left” hide_on_mobile=”no” center_content=”no” min_height=”none” last=”true” hover_type=”none” link=”” border_position=”all” align_self=”flex-start” border_sizes_top=”” border_sizes_bottom=”” border_sizes_left=”” border_sizes_right=”” first=”true”][fusion_separator style_type=”single solid” hide_on_mobile=”small-visibility,medium-visibility,large-visibility” class=”” id=”” sep_color=”” top_margin=”” bottom_margin=”” border_size=”5px” icon=”” icon_circle=”” icon_circle_color=”” width=”” alignment=”center” /][/fusion_builder_column][fusion_builder_column type=”1_1″ layout=”1_1″ spacing=”yes” center_content=”no” hover_type=”none” link=”” min_height=”” hide_on_mobile=”no” class=”green-border rounded-border” id=”” background_color=”#ffffff” background_image=”” background_position=”left top” undefined=”” background_repeat=”no-repeat” border_color=”#e2e2e2″ border_style=”solid” border_position=”all” padding_top=”40px” padding_right=”60px” padding_bottom=”20px” padding_left=”60px” margin_top=”” margin_bottom=”45px” animation_type=”” animation_direction=”left” animation_speed=”0.1″ animation_offset=”” last=”true” border_sizes_top=”1″ border_sizes_bottom=”1″ border_sizes_left=”1″ border_sizes_right=”1″ first=”true”][fusion_text columns=”” column_min_width=”” column_spacing=”” rule_style=”default” rule_size=”” rule_color=”” content_alignment_medium=”” content_alignment_small=”” content_alignment=”” hide_on_mobile=”small-visibility,medium-visibility,large-visibility” sticky_display=”normal,sticky” class=”” id=”” margin_top=”” margin_right=”” margin_bottom=”” margin_left=”” font_size=”” fusion_font_family_text_font=”” fusion_font_variant_text_font=”” line_height=”” letter_spacing=”” text_color=”” animation_type=”” animation_direction=”left” animation_speed=”0.3″ animation_offset=””]
News update: On June 22, 2022, new legislation regarding Citizenship by Descent became effective (art. 36 law 206/2021). As of that date proceedings for the establishment of Italian citizenship must be submitted to the District Court in the ancestor’s native town.
Obtaining Your Italian Citizenship
Italian citizenship laws and regulations are complex and make obtaining dual citizenship a particular challenge. However, if you have Italian ancestry, you are likely to be eligible for citizenship and may want to know more about the immigration laws that apply to you. Getting your Italian dual citizenship is also the first step in attaining an Italian passport.
Searching online for general information about Italian citizenship laws can be a waste of time, as much of what you will find is contradictory or incomplete. Instead, let us put our legal expertise and understanding of Italian law to work for you. Once we understand the details of your case, we can advise you on the best way to pursue your Italian dual citizenship.
Laws and case laws on Italian dual citizenship
My Lawyer in Italy is here to help you better understand the case laws on Italian dual citizenship that are pertinent to your case. Our team of attorneys outline the changes Italian laws have undergone in recent times and explain to you how they might influence your Italian dual citizenship application.
Italian Civil Code of 1865
Italian Citizenship Through Paternal Lineage: There are laws applicable to male Italian ancestors born from 1865 to 1 July, 1912. The law holds that if a father naturalizes before the birth of his child, both lose their citizenship. The same applies if the father naturalizes before the child becomes an adult (aged 21 years). If the father naturalizes when his child is aged 21 or older, the child does not lose their Italian citizenship. (Find out more in the PDF below. See par. 6 and 11 n. 3.).
Italian Citizenship Through Maternal Lineage: Italian women were generally not able to pass on their Italian citizenship if they were married (either to an Italian or a foreigner). Only unmarried mothers could pass on Italian citizenship to their children. (See par. 14 and 7). Read the text of the Italian Civil Code par. 1 – 15 [PDF in Italian]
Italian dual citizenship under Law no. 555 of 1912
Enacted in 1912, Italy’s first ever law on citizenship provided that children born in United States to an Italian father had Italian citizenship by bloodline if the father was still an Italian citizen at the time of the child’s birth (see par. 7).
Women were not allowed to pass on their Italian citizenship. Only in few circumstances a woman could pass on her citizenship (if unmarried, or married to a foreigner who did not have citizenship or whose country’s laws did not pass citizenship to the child: see par. 1 nr 2). If an Italian woman married a foreigner, in most circumstances she automatically lost her citizenship. (See par. 10 nr 3.)
Both the rule nullifying their citizenship upon marrying a foreigner and the one prohibiting mothers to pass on citizenship were contested in 1975 and 1983, respectively. These provisions were amended for future cases, and the judicial precedents on female citizenship were applied retroactively to similar cases (see new regulations and judicial precedents discussed below). Read the text of Law n. 555 of 1912 [PDF in Italian]
Italian Constitutional Court – sentence n. 87 of 1975
In April 1975, the Italian Constitutional Court ruled that women should not automatically lose their Italian citizenship when marrying a foreigner. Law no. 151 of 1975, par. 219, also stated that women who have lost their Italian citizenship by marrying a foreigner could reclaim it by declaring this wish to Italian authorities at a consulate or town hall (see sentence no. 87 of 1975.). Read the text of Italian Constitutional Court – sentence nr. 87 of 1975 [PDF in Italian]. The case law rendered by the Italian Constitutional Court was applied to similar past cases up to 1 January, 1948 (the date in which the gender equality principle came into effect in the Italian constitution), allowing women and their descendents to reclaim their Italian citizenship.
Italian Constitutional Court – sentence n. 30 of 1983
In January 1983, the Italian Constitutional Court declared the principle that Italian women could not pass on their Italian citizenship to be unconstitutional. (See par. 1 of Law no. 555 of 1912.). Read the text of the Italian Constitutional Court – sentence no. 30 of 1983 [PDF in Italian]. The case law rendered by the Italian Constitutional Court was applied to similar past cases up to 1 January, 1948 (the date in which the gender equality principle came into effect in the Italian constitution), allowing a woman to pass her citizenship on her descendants. A new regulation (law no. 123 of 1983) provided maternal transmission of citizenship under certain circumstances, starting from 27 April, 1983.
Italian Supreme Court of Cassation – United Section no. 4466 of 2009 precedent
Overruling past precedents, the United Sections of the Italian Supreme Court of Cassation declared in 2009 that the gender equality principle would also apply to cases prior to 1 January, 1948. Read the text of Italian Supreme Court of Cassation – UU. SS. sentence no. 4466 of 2009 [PDF in Italian]. Read more about the Italian Supreme Court of Cassation precedents capacity to influence future judicial decisions.
Law no. 91 of 1992
The law sets provisions of dual citizenship as a general principle for Italian children born in Italy or abroad (see par. 11.) and equality of gender in transmitting Italian citizenship. Read about law n. 91 of 1992. [PDF in Italian]
The Courts of Italy’s Role in the Gender Equality Principle
Italian citizenship lost by women from 1912 to 1947 and citizenship transmission via maternal up to 1947 can only be claimed before the Courts of Italy. This so-called “1948 Rule” or “1948 Case” (referring to the above SS.UU. 2009 precedent) is still valid today.
Want our free advice?
Your first step is easy – contact My Lawyer in Italy for more information.
[fusion_global id=”1162″][fusion_global id=”1140″]