10 Dec When the “minor issue” Causes “major issues” Italian Citizenship by Descent applications
A Guide Through Recent Changes
Over the past weeks, we have read online about the concerns arising from the recent ruling of the Italian Supreme Court (Corte di Cassazione), which has undoubtedly changed the landscape of the reacquisition of Italian citizenship by descent (“ius sanguinis”) However, it’s important to remember that options remain available, and there is no need to despair.
Understanding the Shift
For decades, consulates, municipalities, and courts agreed on an obvious principle set by Article 7 of Italian citizenship law No. 555/1912: if the Italians who migrated abroad lost their Italian citizenship to acquire a new citizenship when the child was already born in a foreign state, that child, even if they were minor, would not lose their Italian citizenship.
This interpretation ensured the preservation of the Italian bloodline despite the parent’s naturalization in a foreign country. Article 7 was designed to ensure that the children of Italian emigrants could maintain their connection to their homeland. This provision allowed children born in a foreign country, which granted them citizenship through the principle of ius soli, to retain their Italian citizenship acquired at birth, even if their parents lost it while the children were still minors.
The law recognized the significant right for these individuals to renounce Italian citizenship upon reaching legal age, provided they were living abroad.
However, the recent rulings by the Italian Supreme Court (Decision no. 454/2024) have refocused on Article 12, stating that minor children (under 21) automatically lose Italian citizenship along with their parents, even though the child was already born abroad.
This shift was further solidified by the Ministry of the Interior’s circular dated October 3, 2024, which gives municipal officers and consulates specific orders to follow the Supreme Court’s interpretation.
What Does This Mean for You?
If you’re pursuing Italian citizenship by descent, examining your family history closely is essential. Specifically, pay attention to the dates when your ancestors naturalized and the ages of their children at that time. If your Italian ancestors lost their Italian citizenship when their child, born abroad, was younger than 21, you may have an issue, and your Italian bloodline may be broken. Once straightforward cases may now require additional documentation and more detailed legal strategies. While the “minor issue” presents new challenges, it does not entirely close the door to Italian citizenship.
One Parent Retaining Italian Citizenship
In many countries before the early 20th century, the father typically applied for naturalization, as women often automatically acquired their husband’s new citizenship upon his naturalization. In the United States, for example, this was codified in the Cable Act of 1922, which ended automatic citizenship changes for married women.
Under Italian law, however, and reinforced by Constitutional Court rulings, women cannot lose their Italian citizenship automatically or without an explicit act of will. This means that, under Italian law, Italian women who married and lived abroad did not lose their citizenship simply because their husbands acquired new citizenship.
Hence, if the father’s naturalization took place in the U.S. before 1922, it is likely that the Italian mother remained Italian. Therefore, the line of Italian blood remains unbroken, allowing the child born abroad to retain Italian citizenship despite the father’s naturalization.
This is a critical aspect that can preserve the right to Italian citizenship.
Additionally, the recent ruling doesn’t change the possibility of applying in court under the so-called “1948 exception”
A Case Example:
Josephine ROSSI was 15 when her father MARIO naturalized to become an American citizen. Under the new interpretation provided by the Supreme Court, she lost his Italian citizenship with her father.
However, if we can prove that the MOTHER of Josephine, LUIGIA (who was Italian as well) never relinquished her Italian citizenship, the line of blood remained preserved because at least one of the parents of Josephine (the US-born child) was able to pass the citizenship to her child.
Additionally, in most cases, the naturalization of the Italian husband took place before 1922, and before 1922 in the US, women didn’t need to actively relinquish their Italian citizenship to become Americans (automatically) with their husbands. So, while these women were surely “Americans” (thanks to the derivative naturalization of their husbands), from the point of view of the Italian rules, they remained Italian as they never expressly relinquished their Italian citizenship.
So we aim to prove that the US child (Josephine, in our case) was Italian, because her mother never lost her Italian citizenship, and therefore, she was Italian too.
Call to Action:
We advise our clients and readers to use our support to request immediately, via USCIS, the documents (known as CONE, Certificate of Non-Existance of Records) that can confirm that the other side of the family (normally the woman) did not waive her Italian citizenship and to prove that she remained Italian and that the US-born child was Italian thanks to his mother.
And then apply in court using the female side of the family under the “1948 exception” rules, which remain untouched by these recent rulings.
Prepare Thoroughly
Gather all necessary documentation to support your case, including naturalization records, birth certificates, and any documents relevant to your ancestors’ status when they naturalized. Remember that “old” and dusty original documents will likely not be accepted and cannot be “Apostilled.” To be safe, collect freshly issued copies of all records, especially the birth and marriage certificates of the applicants.
Possible Future Revisions of This Ruling
This ruling, in our view, is inconsistent with the principles applied in similar cases for over two decades and contradicts countless rulings and government practices, leading to significant confusion and concern among those pursuing citizenship by descent. Therefore, it would not be surprising if, in the coming years, a new interpretation emerges, allowing the recovery of Italian citizenship even when the child born abroad was still a minor at the time of the parent’s naturalization.
Seek Expert Advice
Given the increased complexity of these cases, consulting with a specialized lawyer is crucial. The nuances of citizenship law can distinguish between a successful application and a missed opportunity.
Though the path to Italian citizenship has become more complex, it is still doable. With expert guidance, thorough preparation, and determination, your goal of connecting with your Italian heritage remains achievable.
Remember, pursuing Italian citizenship is about reconnecting with your family history and heritage, allowing you and future generations to enjoy the countless benefits of Italian citizenship.
And with much perseverance, reconnecting with your Italian roots is still within reach.
Disclaimer: This information is intended for general knowledge and informational purposes only and does not constitute legal advice. It is essential to consult a qualified legal professional for advice tailored to your specific circumstances.
——————————-