In legal terms, citizenship is the condition of the natural person (called citizens) to which the legal order of a state recognizes the fulfillment of civil and political rights. Citizenship, therefore, can be seen as a status of the citizen but also as a legal relationship between citizen and state.
The matter of citizenship is regulated by the Organic Law of 5 February 1992 n. 91, and the implementing regulation, Decree of the President Republic 12 October 1993 n. 572.
- Attributed to Birth;
- Recognized to the descendants of italian citizens – jure sanguinis -(recognition is governed by the Circular of the Ministry of the Interior K.28.8/4/1991);
- ALLOCATION OF ITALIAN CITIZENSHIP FOR BIRTH
A person is an Italian citizen if:
1. Italian father or mother comes from wherever the birth takes place. If one parent is Italian, in each case, the child will be an Italian citizen.
2. born in Italian territory. Only in the following cases: a) children of unknown parents, b) children of stateless (no nationality). In this case the parents have to prove their status as stateless; c) children of foreigners who do not follow the citizenship of the parents for the law from state to state, according to art. 2 of Presidential Decree 572/93.
- TO ACQUIRE ITALIAN CITIZENSHIP
- Automatic acquisition
A foreign citizen by birth, acquires Italian citizenship in the following cases:
a. the minor alien recognized by father or mother acquires Italian citizenship Italian citizenship from birth, provided that at that time the parent was Italian. The purchase of recognition is due to an automatic mechanism that is attested by the Mayor.
b. the minor foreign adopted by father or mother of Italian citizenship, acquires Italian citizenship with the transcription of the order of adoption in the records of civil status of the town.
c. minor child of a foreigner who acquires Italian citizenship, becomes Italian, at the time of purchase, living with this parent. Even in this case the acquisition of citizenship of a minor child is an automatic mechanism that is attested by the Mayor.
- Acqisition following statement
A foreign citizen by birth, have certain requirements, or occurring under certain conditions, makes a statement which expresses the wish for citizenship. hypothesis:
- Natural child, an adult, recognized by Italian parents. The declaration of recognition does not lead to the acquisition of citizenship unless he is accompanied by or enforced within one year from the date on which it was made by the Italian parent, by a further declaration recognized that expresses the will to become an Italian citizen . The declaration for the acquisition of Italian citizenship is made to the registrar of the municipality, authority or Italian Consulate abroad.
- Foreign-born in italy and legally resident in Italy without interruption until the age of majority. It can become an Italian citizen if it makes a statement to the registrar of the municipality of residence between 18 and 19 years. The residence is legal when the alien is in possession of valid residence permit and is registered with the Registry Office.
- Stranger which at least one parent or a grandparent, were Italian citizens by birth, and his legal residence, the age of majority, at least two years in Italy. It can become an Italian citizen if it makes a statement to the registrar of the municipality of residence between 18 and 19 years.
- Stranger which at least one parent or a grandparent, were Italian citizens by birth who was hired public servant at the Italian state, can become an Italian citizen if he declares he wants to acquire Italian citizenship.
- Aquisition-to grant naturalization
- a) Naturalization after marriage
The granting of citizenship is possible for foreign nationals married to an Italian citizen, in the absence of any impediments arising from judgments of conviction or the presence of reasons that relate to security of the Republic. The foreign spouse of an Italian citizen acquires Italian citizenship by residing legally in Italy for at least 2 years (1 year in the presence of the children of the marriage or adopted) or, if he resides abroad, after three years from the date of marriage. Citizenship is granted at the request of a Decree of the Minister of the Interior, which becomes effective only after the oath before the registrar of the municipality of residence before the authority or the diplomatic-consular authorities. The question becomes Italian citizen the day after taking the oath. When the time limits described above from the date of the marriage in question, may apply to the Ministry of the Interior for the acquisition of Italian citizenship. The application shall be affixed on the models which is available at the One Stop Shop Services (Consulates abroad), and presented to the Prefect responsible for the place of residence or consular authority in the event of residence abroad . The application shall be accompanied by proof of certification requirements The request is subject to payment of a contribution of € 200 (payment to be made in Mail). The decree of the Ministry of the Interior which is granted Italian citizenship is transmitted by the Prefecture of the Civil Status Officer of the municipality of residence of the applicant, and notify the person, who has six months from notification to make the required oath before the registrar of the municipality of residence or, if resident abroad, before the diplomatic-consular authorities.
- b) Regular naturalization
The Act identifies categories of foreign persons who may apply for Italian citizenship. Such persons are required, in addition, periods of legal residence on Italian soil of varying duration. The residence is legal when the alien is in possession of valid residence permit and is registered with the Registry Office.
Category of foreigners years of residence required:
- a) Aliens whose father or mother or grandfather were citizens by birth 3 years
b) Aliens born in the territory of the Republic 3 years
c) Foreign adopted by an Italian citizen or a foreigner naturalized legitimate child of age 5 years from adoption or purchase of a naturalized Italian citizen parent
d) Foreign citizen of the European Union 4 years
e) Foreign non-EU 10 years
f) Aliens who have rendered distinguished services to Italy, or if there is a great interest of the State. No period of time.
- g) Stateless 5 year
- h) Aliens who served in the employ of the state abroad 5 years of service
residence is not required
i) Foreign affiliate of a citizen before L.184/1983 7 years after the affiliation
Citizenship, in this case, is given at the request of a Decree of the President of the Republic. The effectiveness of the decree, however, is conditional upon oath, before the registrar of the municipality of residence before the authority or the diplomatic-consular authorities. The question becomes Italian citizen the day after taking the oath. The applicant must submit an application to the Ministry of Interior. The request is subject to payment of a contribution of € 200 (payment to be made in Mail). The application shall be written on special forms distributed at the One Stop Shop Services (Consulates abroad), and presented to the Prefect responsible for the place of residence or consular authority in the event of residence abroad . The application shall be accompanied by proof of certification requirements. The decree of the President of the Republic with which it is granted Italian citizenship is informed by the Prefecture of the Civil Status Officer of the municipality of residence of the applicant and sent to the claimant himself, who has six months from the notification, to make the required oath before the registrar of the municipality of residence or, if resident abroad, before the diplomatic-consular authorities.
- RECOGNITION OF ITALIAN CITIZENSHIP TO THE DESCENDANTS OF ITALIAN CITIZENS (jure sanguinis)
By virtue of the simultaneous operation of law 13 June 1912 n. 555 and provisions of law relating to foreign nationals of many countries of ancient Italian migration, generation born on the territory of emigration from father acquires an Italian citizen by birth, both the possession of Italian citizenship as a national state of birth.
Hence the real possibility that the descendants of the second, third, fourth generation and beyond of our emigrants are invested Italian citizenship.
This possibility is further extended for members of families of ancient Italian origin who were born after 1 January 1948, as from that date, must be considered, according to the dictates of judgment no. 30 of 9 February 1983 the Constitutional Court, also Italian citizens children born to mothers in the possession of Italian citizenship at the time of their birth or recognized by the mother or whose maternity has been judicially declared.
It follows that even the descendants of our immigrant or emigrant daughter of our citizens are regarded as firm jure sanguinis Italian for maternally derived if born after 1 January 1948, date of entry into force of the Italian Constitution.
All cases the transmission of italian citizenship jure sanguinis
- Great Great Grandfather
- Great Grandfather
When you have only men in the line of blood (Father> Grandfather> grandfather> great-grandfather) always will always have the right to Italian citizenship, regardless of generation.
- Great Great Grandfather
- Great Grandfather
- Mother (Women)
When you have women in the line of blood (the mother in this example) then you must be born after 01.01.1948 for the right to recognition of Italian citizenship.
- Great Great Grandfather
- Great Grandfather
- Grand Mother (Women)
- Mother or Father
When you have women in the bloodline (grandmother in this example) and then mother or father, you must be born after 01.01.1948 for the right to recognition of Italian citizenship.
- Great Great Grandfather
- Great Grandmother (Women)
- Grandma or Grandpa
- Mother or Father
When you have women in the bloodline (her great-grandmother in this example) then your grandmother or grandfather must have been born after 01.01.1948 for the right to recognition of his Italian citizenship.
PROCEDURE FOR RECOGNITION IN ITALY
The powers to make the recognition of Italian citizenship is, for the foreigner of Italian origin residing lawfully in the Italian state, the mayor of the municipality of residence. Its possible to begin the process of getting Italian citizenship in Italy as a tourist or student visa or work, and you can not start when the ‘is concerned with the study or work visa expired, or has already passed the period of 90 days as a tourist in the countries of the Schengen Treaty.
Together with the instance of recognition (to be made legal paper) must be submitted the following documentation:
- Italian birth certificate of the ancestor who emigrated abroad issued by the Italian municipality where he was born;
- birth certificates, bearing the official Italian translation of all its direct descendants, including that of the person claiming the possession of Italian citizenship;
- Italian marriage certificate of the ancestor who emigrated abroad, provided with official translation if formed Italian abroad;
- marriage records of his descendants, in a direct line, including the parents of the person claiming the possession of Italian citizenship;
- certificate issued by the competent authorities of the foreign country of emigration, provided with an official translation in Italian language, stating that the Italian ancestor who emigrated from Italy at the time did not acquire the nationality of the foreign country of emigration before the birth of the ancestor of the person, Certidão Negativa de Naturalização – CNN;
- certificate issued by the competent Italian consular authority stating that neither direct ancestors nor the person claiming ownership of you have ever renounced Italian citizenship according to Article. 7 of the Law of 13 June 1912, n. 555;
- certificate of residence.
In the case where the process starts in Italy acts (original) trained abroad by foreign authorities must be legalized by the competent Italian diplomatic and translated into Italian. The translation must be certified to the foreign text by the Italian diplomatic authority or by a translator in Italy that an oath before the Clerk of the Court (sworn) has made its official translation.
4. DESCENDANTS OF ITALIAN WOMEN (OR ITALIAN DESCENT) born before 1.1.1948.
In relation to the transmission of Italian citizenship jure sanguinis through the mother should be mentioned the judgment of the Court of Cassation n. 4466 of 25 February 2009. The United Sections, have determined that, due to the judgments of the Constitutional Court. 87, 1975 and n. 30, 1983, shall be entitled to the “status” of an Italian citizen born abroad to the applicant by the son of Italian woman married a foreign citizen in the vigor of L. n. 555 of 1912 which was, therefore, deprived of Italian citizenship because of marriage. Although sharing the unconstitutional principle occurred, according to which the declaration of unconstitutionality of the pre-constitutional rules have effect on relationships and situations that are not yet exhausted on 1 January 1948, unable to feed back over the entry into force of the Constitution, the Court held that the right to citizenship as “status” permanent and indefeasible, unless the extinction due to waiver by the applicant, is lawful at all times (even in case of previous death of the ancestor or parent from which derive recognition) to the effect continued even after the entry into force of the Constitution of ‘unlawful deprivation due to the discriminatory rule declared unconstitutional.
Subsequent to that decision in 2009 the judges of the Court of Rome have issued several rulings recognition of Italian citizenship to their children and descendants of an Italian citizen, born before 1948. Not having the Italian Parliament transposed into law the judgment of the Supreme Court, you cannot get citizenship jure sanguinis through the maternal promoting its application to the Consulate or to the appropriate office of the Civil Status of Italian municipalities. For the descendants of Italian woman (or Italian descent), born before 1948, there is a chance in court to obtain the recognition of Italian citizenship.
For the purposes of the recognition of Italian citizenship jure sanguinis is necessary that the descendants of the ancestor Italian, including the applicant, have never lost their Italian citizenship.
JUDICIAL RECOGNITION OF CITIZENSHIP (Italian descent by maternal way, Trentino descent and waiting list in Italian Consulates)
Considering the administrative delay of over 10 years of Italian consulates in Brazil for the effective recognition of Italian citizenship, as well as all cases in which recognition of citizenship must be made through judicial means (Italian descent through the mother, Trentino descent and others specific cases), the italian lawyer Orsola Siclari, provides Italian-Brazilian citizens with the judicial service for the recognition of Italian Citizenship directly in Italy at the Court of Rome.
It is a right of the Italian descendant to be recognized and declared an Italian citizen by right of blood.
LEGALIZATION DOCUMENTS FOR CITIZENSHIP WITHIN 90 DAYS
In Italy it is also possible to appeal court order to force the Consulates, which currently have waiting lists for years to legalize the documents within ninety days. It is possible in fact to obtained from the Regional Administrative Court (TAR), a judgment that finds the failure of the Administration of Foreign Affairs for the conclusion of the proceedings preordained to legalize documents and asked for the orders to the same effect, providing positive feedback the demand for legalization of documents within the period of days 90 (ninety) by notification from the communication of this administratively. The judicial process takes about 8-10 months. The successful conclusion of the procedure will allow the person to appear at the Consulate to ensure the legalization of documents necessary to have recognized their right to citizenship.