If you are applying for Italian dual citizenship through Italian citizenship by maternal line you can fall into the category of those who were born to an Italian ancestor before 1948. Come on: your mother's father is the citizen of Italian origin and of your mother, you were born before 1948, so your process is of the maternal type. If you fall into this category, there is a way out.
The general framework governing Italian citizenship is Law 91 of 5 February 1992; particularly Article 1 of Law 91/1992, reaffirms the principle of ” jure sanguinis ” (continuity of blood), whereby any child born to an Italian father/mother instantly inherits Italian citizenship.
However, the inheritance of italian citizenship by maternal line through the maternal line is only possible for those born after January 1, 1948.
The determination and recognition of italian citizenship by maternal line is subject to the demonstration by the applicant that their direct ascendants have maintained uninterruptedly their italian citizenship.
The power to make this determination is the Authority with jurisdiction over the place of residence of the applicant: outside Italy, it is the Consular Authority for that jurisdiction; in Italy, it is the Ufficiale di Stato Civile of the Prefecture.
The 1948 rule, are you entitled?
Italian citizenship by maternal line states that women could retain, but not pass on, citizenship to children born before January 1, 1948, the date Italy became a republic.Under the citizenship law of 1912, only men could transfer Italian citizenship to their children.
This not only eliminates many of the qualification for citizenship, but under this provision of the law there are clearly situations in which a sibling and his descendants may qualify while others born before the date of 1948 and their families may not qualify.
By exploiting Italian citizenship by maternal line, individuals can believe that the 1948 Rule, on its surface, is unfair or discriminatory, but it is the law as it currently exists.
How and where to resort to the 1948 rule?
The Italian Supreme Court recently held that this provision is contrary to constitutional principles, particularly the principle of equality between men and women.There have been recent judicial challenges to this aspect of the law that have been brought and tried by the courts in Rome. Even though a challenge to the law has been successful in Italy, the Italian government has not yet decided to modify or amend the current law.
As Italian citizenship by maternal line involves Italian law as opposed to the law of BRAZIL, courts in Brazil have no jurisdiction over the matter. They will not receive questions about its components.
Since Italian authorities continue to apply for Italian citizenship by maternal line, legal action in Rome is a unique way to obtain citizenship, but there is no need for a trip or stay in Rome at any stage of the process.
How to apply for Italian citizenship by maternal line?
If faced with the 1948 Rule outside Italy, their options are very limited.Como houve algum sucesso desafiando a lei na Itália, seu único curso de ação possível pode ser consultar um advogado italiano que esteja familiarizado com a questão.
Este profissional pode ser capaz de guiá-lo através de uma rota alternativa usando o sistema legal italiano e pode ser mais capaz de ajudá-lo a determinar se você tem legitimidade para processar na Itália e se sua família se encaixa nos critérios de cidadania italiana por linha materna.
Fizemos uma parceria com um escritório de advocacia na Itália, especificamente em ROMA, que o ajudará durante todo o processo.
As taxas padrão para a assistência completa com a moção para apelar são em média € 4.000 por grupo da familia. Atenção, esse valor não è por pessoa, mas por família.
Quanto tempo demora este processo?
It is not uncommon to take more than a year to complete the application process and receive your Italian citizenship by maternal line. Some of the main processing times are estimated as follows:1. Obtaining the birth, marriage or death certificates of your ancestor from Italy can take up to 8 weeks;
2. Obtaining birth and marriage certificates in your native state or province varies, but may take 2 or 3 months;
3. Judicial proceedings in Rome.