But what exactly is Italian citizenship jure sanguinis? How can you tell if you’re eligible? What documents do you need and where do you get them? And perhaps most importantly, how do you go about obtaining your Italian dual citizenship in this way?
All those are great questions. So let’s get to understanding Italian citizenship jure sanguinis, shall we?
First things first – what does jure sanguinis even mean? Hint – it’s not a tasty sandwich.
Jure sanguinis is a Latin phrase that means “by right of blood.” So in essence, Italian citizenship jure sanguinis means obtaining citizenship by blood. Italian law states that any child born to an Italian parent is automatically an Italian citizen at birth, even if this child never has his or her Italian citizenship formally recognized.
Once Italian citizenship jure sanguinis passes from parent to child, it then passes down forever. This is how people who are second, third, or even fourth generation Italian can obtain it.
Sounds simple, right? Not so fast. There are some rules you need to keep in mind when figuring out if you qualify for Italian citizenship jure sanguinis.
Let’s delve into the nitty-gritty aspects involved in obtaining Italian dual citizenship by descent.
So, you’ve got Italian ancestry and your grandma passed down a mean recipe for Sunday sauce. This means that getting Italian citizenship may be a real option for you. But before you can figure out if you’re eligible, let’s discuss the important dates that shaped Italian citizenship law.
1861 is one of the most important dates in Italian history – it’s the year in which Italy became a nation; on March 17, 1861, to be precise! But what does that have to do with your getting Italian citizenship by descent?
Prior to 1861, there was no such thing as an Italian citizen. The implication of this on your bid to apply for Italian citizenship jure sanguinis is that as long as your ancestry can be traced back to Italy any time after 1861, then you are eligible to get citizenship. However, if your ancestors left Italy before that date and became nationals of another country, they forfeited their Italian citizenship. Technically, they were not Italian and therefore can’t pass on Italian citizenship to you.
Put simply: your ancestor must have been both alive (no matter where in the world) and not yet a citizen of another country by March 17, 1861 in order to have been an Italian citizen. If your ancestor never was an Italian citizen himself, he couldn’t pass that citizenship on down to his children.
Note, however, that this mainly applies if you are tracing your Italian ancestry through the paternal side of your family.
So what happens if your Italian blood flows from the maternal side of your family?
This is one of the most important dates in Italian citizenship history. In 1912, Italy enacted its modern citizenship laws that we use to obtain Italian dual citizenship jure sanguinis today. This law, called Law no. 555 of 1912, went into effect on July 1, 1912 and sets forth the instructions governing Italian citizenship by descent.
The law is not applied retroactively. Therefore, if your Italian ancestor naturalized as a U.S. citizen it is important that he did so after this date. If a naturalization occurred before this date, it cuts off your line and renders you ineligible for Italian dual citizenship.
Another year in the history of Italy that has a great bearing on your eligibility to attain Italian dual citizenship by way of ancestry is the year 1948.
1948 is a special year in the annals of Italian immigration laws as it signifies the year from which you can trace your Italian ancestry on your maternal side. In simple terms, this means that if you were born to an Italian mother and non-Italian father on or after the 1st of January 1948, then you are eligible to apply for Italian citizenship jure sanguinis.
What of those born prior to this date?
If you were born prior to the 1st of January 1948 to an Italian mother and non-Italian father, getting Italian citizenship jure sanguinis becomes tricky. Don’t worry, it’s not impossible, just a bit harder than normal.
In these cases you cannot apply through the normal routes such as the consulate or directly in Italy. Instead, you will have to hire an Italian attorney to fight your case in court given the unconstitutionality of this law. Since 2009, thousands of people have successfully obtained their Italian citizenship in this way.
The last date we will focus on as we look at the important dates that affect your Italian citizenship bid by birthright is the year 1992.
Until August 15, 1992, any Italian naturalizing as a citizen of the United States immediately lost Italian citizenship. After this date, Italians naturalizing as U.S. citizens could still keep their original Italian citizenship.
According to Italian law, if you were born before August 15, 1992, your Italian parent must not have taken another citizenship by naturalization before your birth (because loss of Italian citizenship by your parent before your birth cuts off your eligibility).
While this is not a comprehensive timeline of all the dates that affect your Italian citizenship jure sanguinis, it’s a great start to understanding the options you have for applying for Italian dual citizenship.
Now that you know how to bark up your family tree in order to get Italian citizenship, the next step is to gather all the necessary documentation you will need. Here’s a brief outline of the documentation you will need:
When applying for Italian citizenship jure sanguinis through your grandparents, you will have to obtain the same documents as you would if applying through your parents. Only this time, you are using your grandparent’s documents as well as your parent’s documents. When you apply, you cannot skip generations and must provide documents for each generation.
If you go back more generations than grandparents or great grandparents, the list of documents is generally the same. You will just need to keep getting the same documents for each generation to prove your eligibility.
Depending on where you are located, you can either submit your application for Italian citizenship at a consulate near you (if outside Italy) or at a town hall (if applying in Italy).
If you are applying at a consulate, you must apply at the one which has jurisdiction over where you live. If applying in Italy, you must be a resident of Italy first.
Now that you know what Italian citizenship jure sanguinis is and have determined that you are eligible, it’s time to get the ball rolling. If it seems like a daunting task doing all the research and document collection, don’t let that deter you. We will help you get your Italian citizenship – hassle-free.
For more details and a tailor-made package, give us a shout and let’s talk.