Italian citizenship Who has the right?

This is the first question to be answered when you are in search of your Italian citizenship.

In principle, all descendants of Italians have the right to Italian citizenship, there being no generation limit, therefore they may require the recognition of Italian citizenship: trinetos, great-grandchildren, grandchildren and children of Italians.

See below who is entitled and who does not have the right to recognition of Italian citizenship.

Great grandfather
Born
in Italy
Grandma
Born
in Brazil
Son
Born after
01/01/1948
You have the right

Great grandfather
Born
in Italy
Grandma
Born
in Brazil
Son
Born before
01/01/1948
Not entitled

Great grandfather
Born
in Italy
Grandfather
Born
in Brazil
Son
Regardless of
the year he was born
You have the right
Grandma
Born
in Italy
Son
Born after
01/01/1948
Not entitled
Grandma
Born
in Italy
Son
Born before
01/01/1948
You have the right
Grandfather
Born
in Italy
Son
Regardless of
the year he was born
You have the right

If you have the right to recognition of citizenship, you must gather the necessary documents for the development of the process.

Suppose your dante causes (Italian) to be your great-grandfather, then the documents to be obtained will be:

1. Birth certificate of your Italian great-grandfather;
1.1. Estratto per Riassunto dell’Atto di Nascita (if born after 1861); or
1.2. Certificato di Battesimo (if born before 1861).
2. Marriage certificate from your Italian great-grandfather;
2.1. Estratto per Riassunto dell’Atto di Matrimonio (if married in Italy);
3. Death certificate of your Italian great-grandfather;
4. Birth certificate of your grandfather;
5. Your grandfather’s marriage certificate;
6. Your grandfather’s death certificate (if deceased);
7. Birth certificate of your father;
8. Your father’s marriage certificate;
9. Certificate of Death of your father (if deceased);
10. Your Birth Certificate;
11. Your Marriage Certificate (if married);
12. Certificate of Naturalization (CNN) from your great-grandfather.

Italian citizenship Require recognition in Brazil or Italy?

Well, now that you have verified that you have the right and can obtain the necessary documents, it is time to decide how you will apply for recognition of your Italian citizenship, whether at the Italian Consulate in Brazil or directly in Italy.

Italian citizenship in Brazil

The applicant (s) must enter the queue of the Italian Consulate of their jurisdiction, submitting an application to this Consulate or to the Embassy and duly accompanied by the Italian Birth Certificate.

(i) While awaiting the convening of the Italian Consulate to present the documents, it is necessary to obtain the documents linking the applicant (s) to Italian, as listed above;

(ii) When the Italian Consulate convenes the applicant (s), after years, the documents must be ready for presentation: recent certificates, in full text, rectified (if necessary), with sworn translation and apostilles ;

(iii) The documents are then forwarded to the Italian Consulate for examination of the application;

(iv) The Italian Consulate analyzes the application and informs if the process has been approved or if it needs any additional document or correction of errors;

(v) Upon confirmation of completion of the procedure, the applicant (s) may apply for the Italian passport at the Italian Consulate at which they have recognized their Italian citizenship (s).

Italian citizenship in Italy

Already in the case of recognition of Italian citizenship directly in Italy, the initial steps are the same, but the deadline for assessing the application is a few months, against years of delay by the Consulates in Brazil. The following steps are:

(i) Gather all documents in full;

(ii) Verify that there are errors in the certificates and, if necessary, correct them by correcting the registration;

(iii) Obtain recent certificates, in full text, rectified, with sworn translation and apostilled;

(iv) To go to Italy to register the residence and request the recognition of the Italian citizenship, being able to do this directly and alone or through advice.

(v) In Italy, the applicant (s) must register the residence and wait for the visit of a policeman (Vigile Urbano) to confirm this residence;

(vi) After registering the residence, the applicant (s) can present the application for recognition of Italian citizenship;

(vii) Wait for the Italian Consulate’s response regarding Non-Renunciation (Mancata Rinuncia);

(viii) Upon reaching Non-Renunciation, the applicant (s) signs the transcription of their registration (s) in the books of the Comune;

(ix) Once the Italian citizen is recognized, the applicant (s) can apply for an identity card (Carta d’Identità) and a passport.

Italian citizenship Situations that stop the right to citizenship

Although there is no generational limit to the recognition of Italian citizenship, there are some aspects that can prevent this right and which will be explained briefly below.

Italian citizenship through the maternal route

The Italian Constitution that was in force until 1948 did not treat women on a par with men, for this reason, if an Italian man had a child with a non-Italian woman, at birth, would be recognized as Italian (a) without major problems.
However, if a woman before that date had a relationship with a citizen of another nationality and had a child with him / her, that child would not have the right to Italian citizenship through administrative channels.
This unequal situation was only sanitized with the Italian Constitution of 1948, from which the children of Italian women would have the same automatic right to Italian citizenship by blood as if they were the children of Italian men.
With this limitation, the Italian Comuni, by legal obligation, can not recognize the Italian citizenship jus sanguinis if there is a child of a woman in the ancestral line if this woman gave birth to the child before 1948.
Note that what matters is not the son’s sex, but that this son was born before 1948 and only the mother is on the transmission line of Italian citizenship.
Fortunately, the Italian judiciary already recognizes this unjustified inequality of rights between men and women and grants, through judgments, the right to recognition of Italian citizenship.

Italian Citizenship and Naturalization

The naturalization of the Italian by itself does not prevent the transfer of the right to Italian citizenship by blood, there is a point that makes all the difference if the naturalization of his Italian ancestor occurred: the date on which naturalization occurred.
Suppose that the Italian, in our example we will call Francesco, became naturalized in 1910.
Let us suppose that at that moment he had only one son, Giuseppe, and that in 1915 he had another son, whom we shall call Marco.
The first son, named Giuseppe, has the right to Italian citizenship, because when he was born his father was still Italian, which does not occur in the case of the son named Marco, because when he was born his father was already Brazilian because of naturalization, and not more Italian.

Italian Citizenship by Election

It is notorious that Brazilian society has been altering some dogmas of the past, such as, for example, marriage in the church and in the notary’s office, and that it has become increasingly common to form families governed by stable union or de facto union.
This phenomenon has become even more common since the second half of the 1970s and may, in some cases, create a small additional difficulty for those who want to recognize their Italian citizenship, in fact, to elect.
The most common case is of children of unmarried parents and whose declarant of the birth of the child is not the parent who transmits the Italian citizenship, for example, parents are not married and who declared the birth was the father, but who transmits the Italian citizenship and the mother.
This problem stems from a practical question: while the mother (who transmits Italian citizenship) is resting in the hospital after childbirth, the father goes to the registry office and declares the child’s birth, it occurs that at no time did this mother recognize this son as his own, which would have been presumed in the case of marriage.

See what the Italian Consulate website says in Porto Alegre / RS:

“9 – For children born to unmarried parents (we remember that the” stable union “is not recognized in Italy):

a – in the declaration of birth, only the father who declares the birth of the child and the name of the mother is declared as declarant. In this case, a maternal recognition will be necessary, that is, the mother must declare, in a public deed, in a tabelionate, that she is really the mother of her son and confirm what is on the birth certificate. Attention if the child is under 14 years will be necessary the presence of the father as consenting, if the child is more than 14 years should be present as consent.

b – in the birth declaration it is stated that the parents (both) form declarants. In this case there is no need for another document.

c – in the birth declaration only the mother’s name is mentioned and the father is not mentioned. If it is the mother who transmits citizenship there is no need for another document.

d – in the declaration only the name of the mother appears and the name of the father is added later by process, deed or other form:

If it is the mother who transmits citizenship and the child is a minor at the time of parental recognition, there is no need for other documentation.

If it is the father who transmits the citizenship and the child is a minor, it will be necessary to attach a certified copy with a translation of the sentence and warrant or, in the case of a public deed, transfer of the deed with translation.

If the parent who transmits the citizenship and the child is of legal age will require a citizenship option. In this case contact the citizenship sector for the modalities of this option “.

Trentina Italian Citizenship

Law No. 379/2000 of December 14, 2000, regulated in November 2002, lasted until December 19, 2005 and was extended until December 19, 2010 and gave the right to Italian citizenship to the descendants of Trentinos.
From this date onwards, those who are descendants of Trentino immigrants no longer have the right to recognition of citizenship through a Trentino surname.
As is well known, the unification of Italy was not at all peaceful. Northern Italy, from which most immigrants came, was under the rule of the then Great Austro-Hungarian Empire.
When Italy was given as unified, the Province of Trento was not included in this unified territory.
The Austro-Hungarian Empire was undone on 25 December 1867 and the Austrian Empire was created, to which the Province of Trent was annexed.
From then on there were several movements to unite Trento to Italy, but this unification only occurred after the end of the first great world war.
One of the great migratory movements occurred between 1875 and 1900 and Italian families emigrated as Austrian citizens, so it was necessary to create a specific law, since there were already several peace treaties when Trent moved to Italy after First World War.
Austria, which had lost that territory demanded that the people choose which citizenship they wanted to have, were given a deadline for them to make the choice.
For this reason, Law no. 379/2000 had a fixed term extended to the descendants of those persons emigrated in the period of December 25, 1867, the date of the constitution of the Austrian Empire on July 16, 1920, which is the date of signature of the Peace Treaty of Saint Germain. The deadline for the recognition of descendants of Trentinos was exhausted in 2010.

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