by Contributor
(Apr. 29, 2021) — Italy is an amazing country, which is the reason it is gaining popularity as a dual citizenship option for Americans. A second passport opens up the opportunity to live and work in Italy. You can travel visa-free to the EU nations and get access to quality education and healthcare that the country is well known for. While some people want to make Italy home after retirement, others want to move in search of a better life. You may have a valid reason to relocate if you have ancestral roots in the country or are married to an Italian citizen.
Whatever the reasons for seeking Italian citizenship may be, you will have to go through a proper legal process to obtain it. The best way to do it is by getting assistance from a specialized lawyer who can guide you along the entire process. But even before you collaborate with one, it makes sense to understand your options, eligibility criteria, and steps so that you can set clear expectations. Let us explain all the Italian citizenship options and routes in detail.
Italian Citizenship by Descent (Jure Sanguinis)
Citizenship by descent or Jure Sanguinis is perhaps the fastest and easiest option, but it applies only to people with an Italian bloodline. The best thing about this option is that it is a one-time process, which means that the rights automatically pass down to the next generations. But it isn’t as simple as it sounds because you still have to meet some eligibility requirements to qualify under this route. The male lineage can transfer Italian citizenship without limiting the number of generations from 17 March 1861, the formation date of a unified Italy. The female lineage could pass the rights from 1948, though you can file through the court in that case.
If you wish to get Italian citizenship through descent, you will need to locate and get certified copies of documents to validate your bloodline in the country. These are to be obtained from the relative’s hometown and submitted as evidence along with the application. While you may apply in Italy, there is also the option to do it through the Italian consulate or embassy if you reside elsewhere. The process may take three months to three years to complete, depending on the wait time at your local consulate and the complexities of your case.
1948 cases
The 1948 cases are a special consideration for people with a female ancestral line in Italy. While you may have an Italian bloodline through a maternal relative, you cannot apply under Jure Sanguinis if she gave birth before 1948. Italian women were not given the right to pass citizenship to their children before January 1st, 1948. But the country’s court took a stand against this discriminatory practice and allowed the descendants to apply with a different procedure.
In such a case, you will have to file a petition to the courts in Rome. You will need a lawyer to represent your case in court and provide relevant documents to validate claims and facts. While the process may sound daunting because the court is involved, the success rate in the 1948 cases is high because the very purpose is to end the gender discrimination from the citizenship process.
Italian Citizenship by Marriage (Jure Matrimonii)
You can claim citizenship under Jure Matrimonii if you are legally married to an Italian citizen, regardless of your current residential status. If you live in Italy, you can apply after two years of marriage. The waiting period extends to three years for those living outside of the country. However, it is halved in both cases if you have biological or adopted children with your Italian spouse. Apart from the marriage requirement, you will also have to clear a language test to be eligible.
Like citizenship by descent, there is a complete application process that requires you to submit forms and documents to apply. If you were not married in Italy, you will require translated and apostilled documents to serve as valid evidence. The marriage should not have been dissolved or annulled at the time of application because legal separation disqualifies a person from making a claim.
Citizenship by naturalization
Perhaps the longest and most complex route to get Italian citizenship is through naturalization, but it may be the apt one if you have been residing here for a long period. You can apply if you have lived in Italy for at least ten years, though the period may be reduced to only four years if you can show some Italian heritage. The period also decreases for EU citizens living in the country. A person with native-born parents or grandparents who have renounced their Italian citizenship in the past can qualify after three years of legal residency.
If you plan to gain naturalization status, you need a good understanding of visa laws. Guidance from an expert lawyer can also set you on the right track. You can go through these facts, as Bersani Law Firm recently explained on its website, to give potentially a clear idea about using legal assistance. It definitely puts you in a better place and can help you access citizenship at the earliest and with the right steps.
Citizenship by investment
If none of the routes apply, you still have an option to relocate to Italy and live as a citizen there. You can do it with the Golden Visa program, an investment route that allows you to invest money in the country to stay here for good. You have to fulfill one of the following criteria to qualify:
- Invest €1 million in a local company that meets strict criteria by the government
- Invest €1 million in a project that benefits the country’s economy
- Invest €500,000 in an innovative start-up
- Invest €2 million in government bonds
Applicants must be past the age of 18 years, be in good health, and have a clean criminal record in the country of their residence.
Choosing the best option
While you have various Italian citizenship options to explore, you cannot be eligible for them all. Obviously, you will need to prove Italian roots to qualify for citizenship by descent. Even if you have ancestral connections, you still need to follow some other eligibility requirements to have a valid application. Similarly, application through marriage requires you to have completed a specific time period with your partner and have valid documents to prove your marriage.
Similar rules apply to naturalization and investment options as well. You have to consider eligibility requirements carefully and understand which option gives you the best chance of getting citizenship easily and quickly. At times, you may qualify for two options but one may be more favorable than the other, so you have to be selective about the best. It is best to seek assistance from an expert to help you pick the best option and ensure that you follow the right steps to complete the application and get approval successfully.
How a specialized lawyer can help
Typically, the citizenship process for any country is a legal one and requires applicants to follow a proper procedure to complete it and gain legitimate citizenship status. Italian citizenship has a long and complex process, regardless of the option you choose. You may apply from within the country if you reside here or from your local Italian consulate if you live in another part of the world. In either case, you must have a specialized lawyer to assist you through the process. It gives you more confidence and minimizes the chances of mistakes with the process. There are many more valid reasons for hiring a lawyer to help you with the process. Here are the benefits you can avail of by collaborating with an expert to handle your case.
- Ensuring that you pick the right citizenship option depending on your circumstances and background
- Guiding you about the entire steps involved so that you have a clear understanding and expectations of the process and its timelines
- Helping you with the documentation, particularly the ones you need to locate and collect locally
- Making sure that you cover all the steps properly so that there are no delays and glitches that put the application at risk
- Representing you in the court of law if there is a need, such as in the 1948 case
- Eliminating errors and omissions from the application to ensure that the process is completed seamlessly
- Acting as a local representative on your behalf in case you have to be in the country of your residence
Having a local Italian citizenship expert handling your application gives you peace of mind about doing everything right with your application from start to end. Even a small mistake can delay the process and lead to rejection, which is the last thing you will want to encounter while chasing your Italian dream. Expert legal assistance can keep you on the right track and ensure that the process is completed at the earliest.