A fast track for a return trip to Italy:  Judicial recognition of Italian citizenship

As is the case in many countries such as the United States, Brazil, or Argentina, where “ius soli” applies, Italian citizenship is not acquired by being born on Italian soil but by having Italian parents, or, more generally, Italian ancestors. Therefore, even if I had been born outside of Italy, I could obtain Italian citizenship if I can prove I have Italian ancestors.

This procedure should be purely administrative, meaning it would be sufficient to submit the documentation to the relevant Italian consulate based on actual residence. However, submitting documentation to an Italian consulate is currently impossible due to such an immense volume of requests that consulates are unable to process them within a reasonable timeframe. As a result, the matter is taken to the courts.

For several years now, with established jurisprudence, it has been possible to petition the Italian court, with territorial jurisdiction based on the place of origin of the Italian ancestor who emigrated, by filing a streamlined and expedited documentary procedure, so the judicial authority, rather than the administrative authority, recognizes citizenship.

The petition must be served on the opposing party, which is the Ministry of the Interior, responsible for Italian consulates worldwide. With a single hearing, the court, after analysing the documents proving the blood relationship between the petitioner and the Italian ancestor, will issue a judgment recognising Italian citizenship and ordering the Ministry of the Interior to make the necessary transcriptions.

To file the petition, the petitioner must provide their lawyer in Italy with documentation, particularly the ancestor’s birth certificate, which must be an Italian municipal certificate, as well as a non-naturalisation certificate issued by the country to which the ancestor emigrated, proving that the bloodline was not interrupted.

Currently, under Italian law, there is no real generational limit other than the difficulty that may arise in retrieving documents from far back in time.

This ongoing phenomenon is unprecedented, in large part thanks to consistently favourable judgments for the recognition of Italian citizenship under the so-called “favor filiationis” (as evidenced by the recent Supreme Court decision of 22 May 2024, no. 14194). The number of requests is incredibly high from Latin American countries as well as the United States, Canada, and Australia, due to the possibility of obtaining a European passport which would grant the ability to study and work in Europe without restrictions.

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Maria Lucrecia heads the Italian Citizenship and Immigration department at Kairós. She and her team handle increasingly numerous requests for the acquisition of Italian citizenship and residence permits, both for private individuals and for employees of foreign companies who want to carry out activities in Europe, particularly in Italy.

Silvia is a lawyer in Kairós’ Immigration and the Italian Citizenship department, specialised in civil litigation, accompanying clients from the pre-trial to the judicial phase. At Kairós she ensures legal advice on assistance and defence in mediation, assisted negotiation and arbitration.