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Italian Citizenship 1948 Rule Maternal Line

The #1 COMPLETE Guide You Need!

All You Have to Know about Italian Citizenship 1948 Rule

How the Italian Citizenship 1948 Rule Works?

How to apply for Italian Citizenship Maternal Line after 1948?

Italian Citizenship 1948 Rule: Quick Background on this Special Case.

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Today’s article is dedicated to those of you who are interested in Italian citizenship by descent.

But not in the ordinary way.

Indeed, the Law do not formally recognize some Special Cases, called “Italian Citizenship 1948 Rule” or “Italian Citizenship through Maternal Line

Seems to be a lot of confusion in regards to what the process entails, also because Consulates never talk about that. 

We will also briefly compare the “1948 Rule” aka Italian Citizenship through Maternal Line  process and the “normal”/administrative process.

Italian Citizenship 1948 Rule: Quick Background on this Special Case.

If your Italian ancestral line includes a woman, you should first check if your female ascendant gave birth to her child before or after 1948.

  •  If she gave birth before 1948 – it was not possible for women to transfer Italian citizenship to their children.
    The reason is that Italian women did not have the same rights as men before 1948.


  • If your female ancestor gave birth during or after 1948 – Italian women were able to pass down Italian citizenship on January 1st, 1948.
    Due to this “new” set of rights, any child born to an Italian-born woman, can be considered able to receive Italian citizenship at birth.



If your case falls into the “Italian Citizenship 1948 Rule” (well know as Italian Citizenship Maternal Line 1948),

you will need to pursue Italian citizenship through Italian Court. 

So, with Italian Citizenship Assistance by Italian Citizenship lawyers, Like us.

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Italian Citizenship 1948 Rule: Let's make an example.

To illustrate how the Italian Citizenship Maternal Line before 1948 works,

let’s make an example.

Your grandmother was born in Italy and did not become

a naturalized U.S. citizen before the birth of your mother.

This could qualify you for dual Italian citizenship

However, if your mother was born before 1948, then you would not qualify under the 1912 rule.

The 1912 Law only allowed men to transfer their Italian citizenship

to their children and descendants. 

On the other hand,

if your mother was born after January 1, 1948, then the 1948 rule would apply

and you could qualify for dual citizenship status.

The Italian Citizenship 1948 rule went into effectafter Italy became a republic.

Yet, the Italian government has never updated or changed it.

So, if the Law cannot guarantee some rights, the Italian Court can. 

That’s why now you can claim your Italian Citizenship 1948 Rule

for your Italian Citizenship maternal Line rights only through a Court.

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What does it mean applying for Italian Citizenship 1948 Rule Maternal Line?

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“Italian Citizenship 1948 Case” route through the judicial process does not necessarily mean that the overall process will be longer or more difficult.


Instead, it can be less longer.

Simply,  you are making your claim to Italian citizenship in a different manner than the more common administrative process.

The biggest difference being that you need to petition the Italian Court of Rome to achieve recognition as an Italian citizen,

whereas the administrative process involves getting your documentation evaluated either by an Italian Consulate or Italian Municipality.

At this point in time 1948 cases are only handled in Italian court.

To clarify, what’s different about the administrative process and a 1948 case,  is that you’ll need to file a proper claim before the Civil Court in Rome,

 in order to have your case examined by an appointed judge.

This does not mean that it’s any less likely or more difficult to successfully complete the process.

In fact, hundreds of Italian Citizenship Through Maternal Line have been positively judged since 2009.

And the Italian Government is generally no longer representing itself in Courts anymore.

Meaning that the retroactivity of the Constitution with regard to Women’s right to transmit their Italian citizenship is widely recognized as a “Case Law”.

Which means the previous judicial judgments have strong legal authority.

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How Italian Citizenship 1948 Rule works?

How my Italian Citizenship Maternal Line will be processed in concrete?

STEP 1: Procurement of the supporting vital record documents
It will be necessary to retrieve all the records of birth, marriage and death records pertaining to each person in your Italian family line.

For example:
*You* – Birth and marriage certificates (and any birth certificates of any children you have and vital records of any of their major life events).
Your parent – Birth, marriage and death certificate (if applicable).
Your grandparent – Birth, marriage and death certificate (if applicable).

STEP 2: Legalize all the documents retrieved

Every non-Italian document will need to bear an apostille, which is a special authentication seal enabling a document to be used in Italy.

STEP 3: Certify all of the translations

Translations for documents which are not in the Italian language will need to be certified for accuracy before they can be used for your judicial proceeding.

There are  two ways of having your translations certified:

  1. Translations can be certified by an Italian judicial authority through a special procedure called “Asseverazione delle Traduzioni”. 
    We can provide this Service as required.
  2. Translations can be certified by your local Italian consulate through a special procedure called “Certificazione di Conformità di Traduzione”. 

STEP 4: Appoint an Italian attorney to represent you at court in Italy

When it comes to 1948 cases you will definitely need to rely on an attorney with relevant experience, since these cases are very peculiar.

And not every Italian attorney will have the necessary expertise or the experience to assist you in this process.

In addition, being represented by an attorney means your presence at court will not be required at any time.

We are, of course, at disposal for any Judicial Assistance You need.

STEP 5: Sign a P.O.A. for your Italian Citizenship Lawyer

The Power of Attorney (PoA) will allow Law Firm Bersani in Italy to represent you in court for your citizenship petition/claim.

The original POA notarized document will need to be mailed to your attorney.

Every co-petitioner (meaning a relative who shares the same ancestor and participates in the lawsuit) will also need to grant power of attorney.

Side-note: if you have minor children, you will also need to sign a POA on their behalf.

This way they will be included in your claim.

If filing a claim with multiple adult petitioners, each adult petitioner will need to sign his/her own separate POA.

 

 

STEP 6: Send  all the documents and original POAs to Law Firm Bersani

All vital record documents to support your case, as well as each necessary POA must be sent to your attorney.

*Originals of all documents mentioned are necessary – photocopies are not useable.

 

STEP 7: Preparing your petition

With all the documents in hand, We will run through all the details of your case and prepare the actual petition to be filed in court.

STEP 8: ”Your” day in court

The first hearing serves just to preliminary evaluate the case.

At this time, the judge assesses the main focal points of the case and asks if any clarifications are necessary.

In the majority of the cases one hearing is sufficient.

 

STEP 9: Final judgment

The final judgment is generally issued within 2-3 months from the (final) hearing.

 

STEP 10: Registering Yourself as Italian Citizen 

Once your citizenship is recognized with a court order, all the vital records will need to be registered in the Italian Municipality where your ancestor was born.

The actual court order is the document which will entitle you to have your records registered in Italy.

We also provide assistance on this post-Court moment.

And on all post-Court steps, like AIRE registration and others.

General Advises for Italian Citizenship by Descent

(also valid for Italian Citizenship through Maternal Line)

1. Assistance by Italian Dual Citizenship Lawyers & Attorneys.

As said, for Italian Citizenship 1948 Rule, You need Italian Citizenship Assistance by Italian Citizenship Lawyers.

Like Us.

But in general, the best ways to Boost  Italian Citizenship by Descent processing time is to enlist the help of Italian Citizenship experts. 

Also if You will choose to follow the ordinary administrative way, Professional Assistance will be always in your advantage.

Choose well your expert, and avoid random agencies or “experts” You can find on Google.

an Italian Citizenship Lawyer will be certainly the most prepared professional with highest skills.

Here are 5 main reasons:

  • Professional service providers know how to best position you for success
  • Due to their in-depth knowledge of the system, they know exactly what to do at each stage
  • Experience has given them an edge when it comes to compiling the necessary documents
  • They can direct you to Consulates or Comune that are known for faster turnaround times (so Boost Italian Citizenship by Descent too)
  • If there are any issue and/or You need to appeal against Consulate, we can do it.

 

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2. Organize Yourself.

 

Another important thing is to focus on organization.

No matter which route you pursue in applying for your Italian citizenship.

You will need to gather a lot of documentation to back up your claims and support your bid for Italian citizenship.

This can be overwhelming in terms of the number of documents you need, but it can also be difficult due to the processes required to get them.

Getting it right the first try saves time.

You will also need to understand the unique requirements for each.

For example, some documents will have to be originals accompanied by an apostille.

Note, however, that if you are applying in Italy and not at a consulate, all non-Italian documents will require apostilles.

Need Help on Your Italian Citizenship by Descent?

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Do You Think to be eligible for Italian Citizenship Application?  

or through Italian Citizenship 1948 case?  

or through naturalization by way of marriage or residency?

Contact Us! 

We assist EU and non EU citizens with immigration and visa matters, as well as  residence registrations.

We offer a comprehensive service tailored to the needs of each case. All cases listed here

Our services include advice on immigration law, cross-border implications related to Italian Dual Citizenship, Investor Golden Visa Italy,

(See also here for Investor Golden Visa benefits)  

preparation of visa, permit to stay and residence applications, tax aspects, avoidance of dual taxation, (more informations also here)