Ancestry (Jure Sanguinis)

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Ancestry (Jure Sanguinis)

 A) ITALIAN CITIZENSHIP THROUGH ITALIAN PARENTS /ANCESTORS

Aprigliano Law Firm has a solid experience in providing legal advice and assistance in the application for Italian citizenship through Italian parents/ancestors.

Foreign citizens descending from an ancestor (parent, grandparent, great-grandparent, etc.) who had the Italian citizenship, may have a claim to Italian citizenship by descent (or, in other words, by derivation according to jure sanguinis citizenship principles) no matter where they were born.

Essential condition for claiming Italian Citizenship by descent is that all ancestors have maintained their right to the Italian citizenship and thereby passed it on without interruptions.

Mandatory documents to be enclosed to the citizenship application are: negative certificate of naturalization of the Italian ancestor emigrated abroad, and all birth, marriage and death certificates of the other straight Italian ancestors until the applicant. Please note that all foreign documents must be translated and legalized (or, if possible, apostilled) in front of the competent Italian diplomatic authority located in the country of issuance. If the applicant resided abroad, the citizenship application together with the related documents, is submitted in front of the competent Italian diplomatic authority, otherwise, if the applicant lives in Italy, it can be filed in front of the competent Italian Municipality. The administrative procedure for the recognition of the Italian citizenship, last differently according to the Authority who received the application, namely Italian Municipality or Italian Embassy/ Consulate. The above mentioned process of applying to obtain or reacquire Italian citizenship is often slow and complicated; this is the reason why Aprigliano Law Firm provides comprehensive assistance in the whole process until the recognition of the citizenship.

Thanks to long-time experience, Aprigliano Law Firm is able to assist its clients in all the phases of the administrative procedure, from the research of the documents in Italy, to the file of the application completed of all the related documents and information, interconnecting with public offices and Italian diplomatic representations abroad. In case of rejection of the application or elapsed of the legal time limits for the conclusion of the procedure, Aprigliano Law Firm is able to assist its clients in front of the Courts throughout Italy.

B) ITALIAN CONSULATE IN BRAZIL, RECOGNITION OF THE ITALIAN CITIZENSHIP WITHIN 12 MONTHS

The citizenship process must be concluded within 730 days from the date of the submission. Those terms are not respected by the Italian Consulates in Brazil -the only authorities able to legalize all the needed documents for the request of the citizenship. Due to the waiting lists for the legalizations and translations of the needed documents, people have to wait at least 3 years for the appointment. As a consequence, the entire process for the recognition of the right could take between 5 and 10 years. Aprigliano is specialized in the lawsuit brought in the Court against the long waiting lists for the legalization of documents at the Italian Consulate in Brazil. In filing a lawsuit in the Italian Court, the foreigner can obtain the recognition of the Italian citizenship in approximately 12 months.

C) ITALIAN CITIZENSHIP TROUGHT DESCENDANT (MATERNAL SIDE)

Aprigliano has gained significant experience in legal proceedings brought in Italian Courts for the recognition of the Italian citizenship for descendants of Italian women born before 1948. The applicable Italian law that regulates Italian citizenship, in fact, discriminates foreign citizens descending from a woman of Italian origins born before the 1st of January 1948, considering them not entitled to Italian citizenship. However, the Italian Supreme Court and many Italian Courts have recently ruled that the above mentioned law is discriminatory and have recognized the right to obtain the Italian passport also to descendants of Italian women born before 1948. This category of people can, actually, have their right to Italian citizenship recognized only through a lawsuit in front of an Italian Court. Foreign citizens residing abroad can appeal to the Court for the recognition of the citizenship through our Firm without needing to come to Italy. We provide comprehensive assistance in the whole procedure until the achievement of the citizenship.

D) ITALIAN CITIZENSHIP THROUGHT MATERNAL SIDE (WOMAN MARRIED WITH A FOREIGN CITIZEN BEFORE 1948)

Aprigliano boasts a solid experience in legal proceedings brought in Italian Courts for the recognition of the Italian citizenship for descendants of Italian women married to a foreign citizen before 1948. The applicable Italian law that regulates Italian citizenship, in fact, discriminates foreign citizens descending from a woman of Italian origins that got married with a foreign citizen before the 1st of January 1948, considering them not entitled to Italian citizenship. However, the Italian Supreme Court and many Italian Courts have recently ruled that the above mentioned law is discriminatory and have recognized the right to obtain the Italian passport also for descendants of Italian women married with a foreign citizen before 1948. This category of people can, actually, have their right to Italian citizenship recognized only through a lawsuit in front of an Italian Court. Foreign citizens residing abroad can appeal to the Court for the recognition of the citizenship through our Firm without needing to come to Italy. We provide comprehensive assistance in the whole procedure until the achievement of the citizenship.

 

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