THE SAFEST FORM OF CITIZENSHIP: CITIZENSHIP BY JUDICIAL MEANS
YES, recognizing your citizenship without leaving the country, without waiting 15 years in the consular ranks, and without large investments is possible.
With a process that has more and more claimants, called judicial Italian citizenship.
In this modality, the recognition of Italian citizenship occurs by judicial means, in a court in Italy, specifically in Rome, based on the illegality of the long lines in some consulates.
It is a process very similar to maternal citizenship (rule of 1948, the year of the Italian constitution) that did not allow women to transmit Italian citizenship to their children before that.
It is a process that can take from 12 to 24
months, it can be ‘divided’ among all family members (parents, cousins, uncles,
siblings, etc.), thus reducing the costs per applicant. In this process, the interim
is like that of a lawsuit in Brazil, where the lawyer is given powers of
representation in favor of the client. That is why a joint power of attorney is
made, where everyone appoints the prosecutor, and thus no one needs to come to
Italy, not to reside, not even to file or sign documents.
The 4 great advantages of this type of process:
1) There is no need to come to Italy
2) It is possible to place the order for the whole family in a unified way
3) Investment is low compared to that of a coming and staying in Italy
4) Safer process of all that currently exist
The disadvantage:
1) Medium-term process: from 1 to 3
years.
Why make the request for Italian Citizenship by Judicial
Basically, if you have the right to Italian citizenship, you have two options:
1. Request through the Italian Consulate where you reside;
2. Request through the Italian Commune where you reside (or will reside).
The problem with the former is that queues at consulates such as Porto Alegre, Sao Paulo or Curitiba are 10 to 15 years old.
The problem with the second, is that although it is fast and ideal for those who are moving to Europe is an expensive process and depends on actually residing in Italy during the process.
Here is why this third option. This is what they usually call Italian Judicial Citizenship, which is actually the request for recognition of Italian citizenship by judicial means in Italy.
What is paternal judicial citizenship?
We have already offered this service for some time the recognition of judicial Italian citizenship for those who have maternal lineage. This modality is also called maternal Italian citizenship. It is the rule of 1948, for children of women born before 1948, however, numerous sentences have provided judicial Italian citizenship also for those who request recognition via paternal lineage, normal, without the rule of 1948.
This process is based on the fact that the Consulate has a deadline (which today is four years) to recognize your Italian citizenship. And that the mere fact that your ‘queas’ are taking 10 or 15 years presents a clear risk to the fact that you do not have your Italian citizenship recognized within the legal deadline.
In addition, in 2008, the Corte di Cassazione (the Italian supreme court, last instance of the judiciary), took a decision that based the requests directly to the Italian justice of Italian citizenship, even with the possibility of administrative request (n.28873/2008). The decision cites as unconstitutional the imposition of limitation for any individual who requests, in court, rights such as the possession of nationality.
It is a very well-grounded request, however, as Italian justice takes time (like ours in Brazil), and the volume of requests through this line has increased in a few years, only now can we verify numerous positive sentences.
What makes the ‘process relatively’ safe. We did expect verification of a positive track record. We like to make it clear how “risks controlled”, because in Italy every case is judged, and although the case law is analyzed, it does not define the sentence. Therefore, there is a small risk of negative, but in these cases (which until then are not known to us) there is a possibility of resorting to a possible negative, so the risk is greatly minimized.
Deadlines
Deadlines also cannot be guaranteed because they depend on Italian Justice, which can be relatively slow, like ours in Brazil.
Therefore, a judicial Italian citizenship process takes on average about 12 to 18 months. With some certainty, I would say that today very few cases would pass 24 months. Better than the Italian Consulates, right?
This time quoted is the process time until the Sentence. After the sentence, the Court communicates the judicial recognition of his Italian citizenship to the competent bodies, and also to the Commune from which his ancestor came, which will have by law 730 days to transcribe his civil records (of birth and eventual marriage) to the Italian civil registry.
To date, we have had no experience of the 730-day limit with the Comunes, but the time limits at the end of the process vary because of this last procedure, usually from 1 to 10 months.
In the end, to summarize, we would say that we
can imagine being in a position to apply for the issuance of the passport in a
maximum of 30 months.
Who can request? What value?
Todos os requerentes que tem direito a cidadania. O processo pode ter múltiplos requerentes. É um processo que pode incluir você, seus irmãos, seu pai, seu tio e seus primos, por exemplo. Isso é bem legal, pois o valor não é fixo por pessoa. O valor acrescido por pessoa que participa é baixo, o que faz com que no pacote, o valor por pessoa caia de acordo com o número de pessoas que participará. É interessante lembrar que em geral o requerente dessa forma investirá 4 vezes menos do valor que investiria em um processo padrão de cidadania diretamente na Itália.
A questão da estrutura familiar, bem como do número máximo de requerentes é algo que precisa ser estudado de caso a caso. Por isso, se você quiser mais informações ou um orçamento especifico para a sua família, entre em contato para agendarmos uma consultoria.
What do I need to do to apply for my judicial Italian citizenship?
Well, the documentation is the same, this is it: Documents for Italian citizenship.
You will need to apply for your Italian citizenship through an Italian consulate to prove that you have at least applied for it. The request is sent with a return receipt, and this will be very important for entry with the court order.
The rest is provided by us: contract of services rendered, power of attorney to the lawyer, etc.