Italian Citizenship by Descent: An Authoritative Guide
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Contents
- What is Italian Citizenship by Descent?
- Benefits of Italian Citizenship
- Who Can Qualify?
- Sample Lines of Ancestry that May Qualify You
- Why is January 1, 1948 Important?
- Documents Needed for Italian Citizenship by Descent
- Where can you get birth certificates?
- Can you apply if your ancestor comes from a former Italian colony that's now independent?
- The Application Process
- The Fees
- Common Mistakes and Troubles
- Document Problems
- Bureaucratic Issues
- Find out if you qualify
- FAQs
Italian citizenship by descent allows you to claim Italian citizenship through your ancestry. Over the years, we’ve helped a number of clients through this process. It’s very popular because it lets you get one of the world’s best travel documents virtually for free.
But that’s not to say it’s easy.
You have to deal with foreign government officials who have a lot of discretion to delay or even deny your case if you don’t do things right.
But if you succeed, it gives a lifetime of benefit — the right to live and work in Italy or any EU country, a great travel document, and a great option if you ever want to leave the US.
This article will give you a solid overview of how the Italian citizenship by descent works, how to find out if you qualify, and how to proceed if you do.
What is Italian Citizenship by Descent?
Italian citizenship by descent, or “jure sanguinis,” allows you to obtain Italian citizenship if you have Italian ancestors.
If your ancestor was born in Italy and did not renounce their Italian citizenship before your birth, you might qualify.
Benefits of Italian Citizenship
- A great second passport: Italian citizenship provides one of the best travel documents, allowing visa-free or visa on arrival access to more than 190 countries.
- Automatic right to live and work in the EU: Gain the automatic right to live and work in any EU country.
- Preferential access to Switzerland: Switzerland is known as a stable and secure place to live. Normally, however, it’s very difficult to get residency in unless you have a high net worth. EU citizens have preferential access that bypasses the normally high barriers to qualify.
- Easier to set up banking relationships: Having an Italian citizenship will make it easier to set up banking relationships in Italy, especially if you establish other connections there (like buying a property, for example.) It can also make it easier to open accounts in other EU countries.
- A good Plan B citizenship: Italian/EU citizenship serves as an excellent backup if push comes to shove here in the US.
- Dual Citizenship: Italy allows dual citizenship. So does the US. That means you can get an Italian passport without having to give up your American one.
Who Can Qualify?
To qualify for Italian citizenship by descent, you must meet specific criteria:
- Ancestor Requirements: Your ancestor must have been born in Italy or an Italian colony and held Italian citizenship.
- Generational Limits: There are no generational limits, but you must prove an unbroken chain of citizenship.
- Specific Conditions: Your ancestor must not have renounced Italian citizenship before the birth of the next descendant. Special rules may apply to those born before 1948 or in specific cases involving naturalization.
Meeting these criteria ensures you can apply for Italian citizenship by descent.
Sample Lines of Ancestry that May Qualify You
- Father Born in Italy: Your father was born in Italy and was an Italian citizen at your birth, or he was born in the US but is now Italian and registered with the Anagrafe degli Italiani Residenti all’Estero, the “Registry of Italians Resident Abroad”.
- Mother Born in Italy: Your mother was born in Italy and was an Italian citizen at your birth, or she was born in the US but is now Italian and registered with Anagrafe degli Italiani Residenti all’Estero, the “Registry of Italians Resident Abroad”. You were born after January 1, 1948.
- Paternal Grandfather Born in Italy: Your father was born in the US, your paternal grandfather was born in Italy and was an Italian citizen at your father’s birth.
- Maternal Grandfather Born in Italy: Your mother was born in the US, your maternal grandfather was born in Italy and was an Italian citizen at your mother’s birth. You were born after January 1, 1948.
- Paternal Grandmother Born in Italy: Your father was born in the US, your paternal grandmother was born in Italy and was an Italian citizen at your father’s birth. Your father was born after January 1, 1948.
- Maternal Grandmother Born in Italy: Your mother was born in the US, your maternal grandmother was born in Italy and was an Italian citizen at your mother’s birth. Your mother was born after January 1, 1948.
- Paternal Great Grandfather Born in Italy: Your father was born in the US, your paternal grandmother was born in the US, and your paternal great-grandfather was an Italian citizen at your paternal grandmother’s birth. Your father was born after January 1, 1948.
- Maternal Great Grandfather Born in Italy: Your mother was born in the US, your maternal grandmother was born in the US, and your maternal great-grandfather was an Italian citizen at your maternal grandmother’s birth. Your mother was born after January 1, 1948.
- Paternal Great Grandfather Born in Italy: Your father was born in the US, your paternal grandfather was born in the US, and your paternal great-grandfather was an Italian citizen at your paternal grandfather’s birth.
- Maternal Great Grandfather Born in Italy: Your mother was born in the US, your maternal grandfather was born in the US, and your maternal great-grandfather was an Italian citizen at your maternal grandfather’s birth. You were born after January 1, 1948.
Why is January 1, 1948 Important?
You may be wondering why the start of 1948 is important. That marks the date when Italy’s constitution granted women equal rights to pass on citizenship.
Before this date, only men could pass citizenship to their children. Thus, individuals born before January 1, 1948, could claim Italian citizenship only through their paternal line.
Those born on or after this date can claim citizenship through either parent, making the process fairer and more inclusive.
That said, there have been numerous court cases where individuals have successfully argued that to deny them citizenship based on having the “wrong” Italian parent is discriminatory. But it is still officially the law.
Documents Needed for Italian Citizenship by Descent
To apply for this program, you’ll need:
- Birth Certificates: Your birth certificate and those of your Italian ancestor, as well as everyone in between.
- Marriage Certificates: Marriage certificates of relevant ancestors.
- Death Certificates: If applicable, death certificates of ancestors.
- Naturalization Records: Proof that your ancestor did not renounce Italian citizenship before the next descendant’s birth.
Documents not already in Italian will need to be translated. All documents will need to be apostilled, something a legal professional does to confirm a document is authentic.
Depending on how many generations back you need to go, you will need to provide documentation for every link in the chain. For some, that means a lot of documents.
Where can you get birth certificates?
If you don’t have your ancestor’s birth certificate, you will need to go to the village, town, or city hall of birth to collect it. In larger cities, the process can be a little easier. In small villages, not so much.
When we work with clients whose ancestors came from a small village, it’s not uncommon for us to hire a lawyer on the ground who will then call, mail, and physically send someone to the relevant office to collect the desired birth certificate.
Can you apply if your ancestor comes from a former Italian colony that's now independent?
Here it can get a bit dicey. If you have your ancestor’s original birth certificate in Italian, then yes. If you don’t, you would have to apply to the government of their place of birth. However, because the birth certificate would be issued from a place that isn’t Italy any more, it would not be recognized by Italy for this program.
In that case, you must try and trace the family tree back even further to an ancestor born within the borders of modern-day Italy.
The Application Process
How long it takes to go through the application process varies from consulate to consulate. Since Covid, there’s been a large increase in the number of Americans who wish to claim their heritage, meaning much longer timelines to get it done.
We recommend clients prepare for a two-to-three-year journey from start to finish. It helps to work with a firm who knows this process well if you’d like it to go faster.
Here’s the basic process:
#1: Gather Documents
Collect birth, marriage, and death certificates, plus naturalization records. You will need to apostille and translate any documents not already in Italian, to Italian.
This is the hardest part of the whole process and, although it is something you can do on your own, we do not recommend it.
#2: Submit Application
You have two options. The first is to apply at the consulate catchment that applies to you. Here’s the full list for the US and the areas they serve:
Boston – 600 Atlantic Ave., Boston, MA 02210
Jurisdiction: Maine, Massachusetts, New Hampshire, Rhode Island, Vermont.
Chicago – 500 North Michigan Ave., Suite 1850, Chicago, IL 60611
Jurisdiction: Colorado, Illinois, Iowa, Kansas, Minnesota, Missouri, Nebraska, North Dakota, South Dakota, Wisconsin, Wyoming.
Detroit – Buhl Building, 535 Griswold, Suite 1840, Detroit, MI 48226
Jurisdiction: Indiana, Kentucky, Michigan, Ohio, Tennessee.
Philadelphia – 150 S. Independence Mall West, Suite 1026, Philadelphia, PA 19106-3410
Jurisdiction: Pennsylvania, Delaware, North Carolina, West Virginia, New Jersey (counties of Atlantic, Burlington, Camden, Cape May, Cumberland, Gloucester, Ocean, and Salem), Maryland (except Montgomery and Prince George’s counties), Virginia (except Arlington and Fairfax counties, and the city of Alexandria).
Houston – 1300 Post Oak Blvd., Suite 660, Houston, TX 77056
Jurisdiction: Arkansas, Louisiana, Oklahoma, Texas.
Los Angeles – 12400 Wilshire Blvd., Suite 300, Los Angeles, CA 90025
Jurisdiction: Arizona, California (counties of Imperial Valley, Kern, Los Angeles, Orange, Riverside, Santa Barbara, San Bernardino, San Diego, San Luis Obispo, Ventura), New Mexico, Nevada.
Miami – 4000 Ponce de León Blvd., Suite 590, Coral Gables, FL 33146
Jurisdiction: Alabama, British Virgin Islands, Cayman Islands, Florida, Georgia, Island of Saba, Mississippi, Puerto Rico, St. Maarten, St. Eustatius, South Carolina, Turks and Caicos, US Virgin Islands.
New York – 690 Park Ave., New York, NY 10065
Jurisdiction: New York, Connecticut, New Jersey (counties of Bergen, Essex, Hudson, Hunterdon, Mercer, Middlesex, Monmouth, Morris, Passaic, Somerset, Sussex, Union, Warren), Bermuda Islands.
San Francisco – 2590 Webster St., San Francisco, CA 94115
Jurisdiction: Alaska, California (except counties under Los Angeles jurisdiction), Idaho, Montana, Oregon, Utah, Washington, Hawaii, Guam, Northern Mariana Islands, Samoa, Wake Island, Johnston Atoll.
Washington, D.C. – 3000 Whitehaven Street, NW, Washington, DC 20008
Jurisdiction: District of Columbia, Maryland (Montgomery and Prince George’s counties), Virginia (Arlington and Fairfax counties, city of Alexandria).
The consulates have specific days of the week where they will process citizenship by descent applications. It is by appointment only. There is an online process you need to go through to get an appointment.
The other option is to apply in Italy. In a nutshell, you fly to Italy and submit your application. You will then be given permission to stay in the country while the application is processed.
The process itself is much quicker and can be done in 2-3 months. The big drawback is that, if you apply this way, you will be given residency. And with residency means having to pay taxes on your income; potentially at a much higher rate than in the US.
#3: Receive Confirmation
Once approved, you will receive confirmation of your Italian citizenship. If you apply from the US, it generally takes about a year from the time your application is formally accepted by the consulate.
If applying in Italy, you can generally expect to receive your confirmation in a few months.
#4: Apply for your Passport
Once your citizenship has been formally recognized, you can apply for your Italian passport.
The Fees
Applying for Italian citizenship by descent involves three types of fees:
Document Preparation and Guidance: Fees for professional services to help gather and prepare necessary documents. You can try to do this on your own but we don’t recommend it. These vary widely from provider to provider. However, you do get what you pay for. We’ve found the best value for money working with professionals that are slightly above average priced but not the highest.
Translation: Costs for translating documents into Italian and obtaining the required apostilles.
Consulate Fees: Charges by the Italian consulate or relevant authorities for processing your application. Since 2014, that fee has been 300 Euros per adult applicant. Minor children are included under their parent’s application for no additional fee.
What we do is to get a sense of your case and then give you a fixed-fee quote on how much it will cost to process your application.
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Common Mistakes and Troubles
Any process that stretches over decades (or even centuries in the case of Italian citizenship by descent) can present several challenges. Here are the most common ones we see.
Document Problems
Missing or incorrect documents can cause delays in your application. It’s crucial to gather all necessary records, such as birth, marriage, and death certificates, and ensure they are accurate. These documents must be apostilled and translated into Italian. There cannot be ANY variation between names and birthdates for the same person throughout the documents.
(If there is, they can be addressed, but there’s an extra step.)
Not following the rules exactly can lead to rejection or long delays. Verifying that all documents are correct and complete will help avoid bureaucratic problems and speed up the process.
Bureaucratic Issues
Dealing with Italian bureaucracy can be challenging. The process can involve multiple steps and interactions with the consulate. (Although, if you do your paperwork correct the first time, you’ll only need one meeting). Patience is key.
That said, proper preparation and close attention to the appointment booking system used by the consulates will help you get this done faster.
To overcome these challenges, consider seeking professional assistance to streamline the process and ensure all requirements are met.
Find out if you qualify
When clients come to us for help getting a second citizenship, the first thing we do is to see if they qualify for a citizenship by ancestry program.
It’s been estimated that approximately 17 to 25 million Americans have Italian ancestry. That’s a lot of people who could possibly claim a second citizenship.
If you have an Italian ancestor and would like to find out if this might be right for you, please get in touch with us to book a free, no-obligation call with a Nestmann Associate.
FAQs
Who qualifies for Italian citizenship by descent?
Anyone with an Italian ancestor who did not renounce their Italian citizenship before the next generation’s birth. Unlike other programs, there’s no limit to the number of generations you can go back, so long as the earliest ancestor was alive on March 17, 1861, the day Italy united to become the country we know today.
How many generations back can I go to claim citizenship?
There are no generational limits, but you must prove an unbroken chain of citizenship.
What documents do I need to apply?
You need birth, marriage, and death certificates, plus naturalization records, all apostilled and translated. This has to be done for every link in the chain connecting you to your Italian ancestor.
How long does the application process take?
The process can take several months to a few years, depending on how you apply.
Can I apply in Italy or only at a consulate?
You can apply either at an Italian consulate or directly in Italy. The process will be different for each.
Do I need to speak Italian to apply?
Speaking Italian is not required for the application process.
Can I include my children in the application?
Yes, you can include children in your application. If they are minors at the time of application, they can be included under your application. If the children are adults, they will need to officially apply on their own.
However, some consulates will allow all qualifying members of a family to apply at the same time. Each adult will have to pay an application fee of €300.
Can I include my spouse in my application?
If your spouse does not qualify on their own, it is possible for you to sponsor them under citizenship by marriage. You first need to secure your own Italian citizenship. Once you do, there’s another application process for them, which is different from the one you go through to claim citizenship by descent.
Note that there are more requirements for this one than claiming citizenship by descent, including the requirement to speak a basic-intermediate level of Italian.
What if my ancestor renounced their Italian citizenship?
If they renounced before the next generation’s birth, the chain has been broken and you will likely not qualify. However, there are sometimes special cases, so it’s worth a look.
Do I need a lawyer to apply?
Hiring a lawyer is not required but can simplify the process and help with challenges. There are also specialty services like ours with years of experience helping clients get a second citizenship. You can book in a free, no-obligation consultation with one of our Associates to learn more.
What are the main benefits of obtaining Italian citizenship?
Benefits include the right to live, work, and study in the EU, visa-free travel in Schengen countries, and access to Italian healthcare and education (with residency).
How much does Italian citizenship by descent cost?
You will need to pay for various apostilles and translations, as well as a €300 fee for every adult application. Reputable services to guide you through the process can be anywhere from $4,000-$10,000 depending on the numbers of documents involved, the number of generations to be traced back, and where those documents are.
What's the difference between citizenship by ancestry and citizenship by descent?
They mean the same thing. “Citizenship by Descent” is more commonly used.
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