Italian Citizenship by Descent: Bypassing the Italian Consulate
Authors: Luca Ruggeri – Attorney at Law e Fabrizio Andreocci – Tax Advisor
Waiting times for an appointment at an Italian consulate to apply for Italian citizenship jure sanguinis can be extremely long, exceeding 10 years in some cases. This has led many descendants of Italian citizens to seek alternative ways to obtain Italian citizenship.
Italian Citizenship by Descent and Italian Citizenship Jure Sanguinis
One option is to apply directly to an Italian court with the assistance of a local Attorney at Law. This is possible because the Italian legal system recognizes the right to conclude the citizenship process within a reasonable time frame (2 years). The current case law in Italy supports this right, as evidenced by a recent ruling by the Venice Court (Tribunale di Venezia, Sentenza n. 491/2024 del 16-02-2024).
The Venice Court ruling states that the administrative process for recognizing Italian citizenship jure sanguinis is “de facto impracticable” due to the vast number of applications. The court also found that the long wait times for an appointment at an Italian consulate (often exceeding the legally mandated 730 days) constitute a denial of the right to citizenship.
This ruling is significant because it opens the door for descendants of Italian citizens to bypass the Italian consulate and apply for citizenship directly to an Italian court. This can be a much faster and more efficient process, especially for those who live in countries with long wait times at Italian consulates such as Brazil or the US.
If you are considering applying for Italian citizenship jure sanguinis, you should consult with an attorney who specializes in Italian citizenship law. They can help you assess your eligibility and determine the best course of action for your specific situation.
How to Apply for Italian Citizenship Through an Italian Court
If you decide to apply for Italian citizenship through an Italian court, you will need to file a lawsuit against the Italian Ministry of Interior. The lawsuit should argue that the Italian government has failed to provide you with a fair hearing within a reasonable time frame.
Additional Information
It is important to note that you do not need to travel to Italy to attend the court hearing. You can simply authorize your Italian attorney to represent you with a power of attorney. This will allow the case to proceed without your physical presence in Italy.
You will need to provide evidence to support your claim. This evidence may include:
Proof of your Italian descent
Proof that you have attempted to apply for Italian citizenship through the Italian consulate
If the court rules in your favor, it will order the Italian government to recognize your Italian citizenship. This process can take several months, but it is ultimately the most reliable way to obtain Italian citizenship if you are facing long wait times at an Italian consulate.
Here are some additional tips for applying for Italian citizenship through an Italian court:
- Hire an Italian attorney who specializes in Italian citizenship law.
- Gather all of the necessary evidence to support your claim.
- Be patient and persistent. The process can be long and frustrating, but it is ultimately worth it to obtain Italian citizenship.
For more information, visit: Legal Assistance in Italy