Who is eligible for Italian citizenship?

If you are a descendant of a family of Italian, make sure you understand your chances of recognizing the concept of european citizenship

On the hunt for the Italian citizenship is a journey through the history of immigration in Brazil. Thousands of italians left their homeland in the late 19th century and the beginning of the 20th century, in search of new opportunities in the New World. Today, their descendants make their way to creating a new future for the recognition of the right of european citizens.

The transmission of the Italian citizenship between the generations is given by  ius sanguinis, or to the right of the blood, which means that it will take place for the descent, and there is no limitation of the generation and demand of having the last name of the Italian, for example). If you have any for an ancestor in Italian, it is likely that you will have the right to recognition everywhere in europe. Here are the rules, and the first few steps are necessary to get to know its possibilities and go on the hunt for Italian citizenship.

How does it work in the transmission of citizenship in italy?

In general, there is no limit check for the Italian citizenship were eligible to apply for the recognition of the citizenship of the child, grandchild, great-grandchildren, great great-grandson of an Italian, and so on and so forth. What it is necessary to recognize that a right is the evidence of the link to the background by means of the document. 

In the process, it is necessary to demonstrate the transmission of citizenship by descent in a straight line, there is no factor in the legal system of the interruption of transmission. It is also necessary that there are no errors or inconsistencies in the documents that would give rise to a doubt about the resurrection.

The family tree: the very first step

The first step is to determine whether you have, in fact, the right to Italian citizenship. The best way to do this is to start from your family tree, that will guide you in the search for the documentary, which will provide the basis of the recognition process.

You can start from your own birth and that of his parents, and, from there, to go and ask what the previous generation, based on those documents. Ideally, it is already the structure of this family history research to the dates of the birth, as it helps you a lot in your time, to seek the additional documents. In addition to this, take the time to search for the maximum of your documents as you can, such as certificates of birth, marriage and all the people in the line of the seed, and preferably in the format of the entire content.

What to consider in your search for the documentary?

There are some of the characteristics required in the hunt for the Italian citizenship to be considered in the search for documents. This is because the documentation for it is the soul of the whole process, and it is through them that you will be able to confirm it in the link to the right to the recognition in europe.

The documents of the council (dante, hand):
  • It is necessary to submit the birth certificate of the council of nato in Italy, and in the original document, certified by the Common registry, in order to prove that he was born into one the region, which was part of the Kingdom of Italy at that time.
  • The certificate of the marriage to the Italian dante's question it is also important to demonstrate the transmission of Italian citizenship to their children.
  • The death certificate may also be required, particularly in the case of a deceased person may have been born on the date of the earlier of the ownership of the territory to the Kingdom of Italy.
  • Also, it is necessary to search for the Certificate, or denial of Naturalization service (CNN), and a birth Certificate as well as the Negative Sign-Election in Brazil. These logs are intended to show that the ancestors of the Italian who immigrated to Brazil, has never given up his Italian citizenship, therefore, the right to jus sanguinis it was passed on to his offspring.

From this point on, all certificates from the registry office — that of the ancestors to all applicants for citizenship in italy are to be collected on the entire content is to be subject to a legal analysis of one of the most important and decisive battles of the process.

After a review of the legal, certificates, and additional documents, such as powers of attorney ad judicia, they must be translated by a sworn translator and they will receive a handout from the the hague, to be valid on the outside.

Religious documents are valid for the Italian citizenship?

The civil came to be required in the form of the universal, in Brazil, in 1889, in the year of the proclamation of the Republic. However, in the face of difficulties, in the context of the time, there are a lot of families who have had their records of birth, baptism and marriage, just in the religious sphere, the same as from that date.

In the process of legal recognition of the Italian citizenship, has agreed, in the face of the pleadings, well-informed, and the folder in the documentary, with the certificates that are complementary, that's true actual events in the social life of the people of the past, and the over-lapping of the formal rigour of the process.

This is because the transition period to the formal register, and to the customs of the time, especially considering the size of the continental country like Brazil, which leads to the possibility of verification of the documentation of Italian descent, through the use of these certificates is religious, provided they are certified, apostiladas and translatedthey , along with the supporting documents to ensure the accuracy of the information.

So if you do not find the registry office, it is worth looking also at the parish churches of the area, always with a notarized signature of the parish priest or to another authority of a signatory, as well as the negative certificates from the registry office in the offices of the season and the region. As a robust folder, the documents, the greater is the strength of his case to the court orders otherwise.

The importance of the legal analysis in the search for Italian citizenship

With all of the documentation together, we're going to review the law. It is at this stage that you are given the inconsistencies present in the certificates. From this point on, right here in the In ADDITION to Lawyerswe have introduced a legal opinion indicating that all of the adjustments necessary to sign in to the process and to ensure its chances of success.

In certain cases, such as that in which we see situations and factual as of the adoption, the child of parents who were separated or non-married status, applicants who have been divorced by, among others, are also indicated in the supplementary document that is required for each event.

Amendments to the civil registry

Grinding is not the only uniform in the first and last names are present in the great number of the certificates in the folder of the family home is also to outline, weaving, and to demonstrate the transmission of citizenship has not been interrupted at any moment, but it passed through the affiliation in between your descendants after you.

The corrections they are out-of-court or a court in Brazil, depending on each case, as provided in the Public Records Law. In the event of the need for adjustments in the base of the first copy of the process, such as the birth of the Italian, it is necessary to search for the certificate in Italian with Workbook in the Hague, directly from Italy, followed by a translation into the language and the translated document in the Registry of deeds and Documents, all in accordance with the governing National Council of Justice, in Brazil.

Benefits of citizenship, the Italian court

With the preceding steps complete, you will have the equipment necessary to get your application for the recognition of the Italian people. There's more than one way to do this, but in court, the chances are greater and more flexible, especially in the cases of some peculiarity in the law.

Lead time

A recent changes the criteria for the definition of the jurisdiction of the competent courts to decide on the recognition of the Italian citizenship has brought flexibility to the process. Since July, in the year 2022, the trials were to occur in the local Courts are competent for the district of the city is home of a parent in Italian, and not only in the Civil Court of Rome, as they had done before. According to the Ministry of Justice of Italy, this decentralization had as its objective to reduce by 40% the time of the proceedings, which took, on average, 20 to 24 months.

Legal argument

In a case such as the citizenship of mother — when you are in the line of descent of a woman, an Italian, or, the daughter of Italian immigrants who was married to a foreigner and had children prior to 1948 or in the context of the lack of civil registration of any certificate, or of the folder in the documents, the court cases are either the best or the only way. This is because the route of administration there is no room for legal argument, and for the demonstration of the documentary out of the checklist, the objective of the regulations infralegais because it is a route of administration for the line mother of 1948.

In the process, conducted by WE are Lawyers, we work in process, end-to-end, from the assembly of the folder, document, translate, and changes in your documents,the petitioning next to italy, until the transcript of the register together at the Town hall. In addition to its offices in São Paulo and London, we have offices in the netherlands and in Italy, the team are ready to guide you to his family and to seek the recognition of their citizenship in the eu.

Find out more about the work we do in on our web site or write to: info@almdireitoacidadania.com in order to rely on us to help in this quest! We carry out consultations with online users from throughout the country and living abroad.