Do I qualify for Italian citizenship by descent?
By: Brandon Hogue
Tags: Citizenship By Descent, Italy, Italian Citizenship, Citizenship

Qualifying for Italian citizenship by descent is relatively simple compared to other country’s citizenship by descent programs. There are no generational limits, and the rules are relatively simple. However, there are three fundamental rules that govern this process that apply to every situation.

The first rule is that your Italian ancestor must have been alive on March 17, 1861, also known as the “1861 Rule.”

Painting of the Proclamation of the Kingdom of Italy.

They also must have been a citizen of a predecessor state of the Kingdom of Italy to be granted Italian citizenship, that they could then pass on. This was the date that the Kingdom of Italy (the first modern Italy) was proclaimed. Before this date, there was no such thing as an Italian citizen. Italy for most of its history has been a series of city states, and smaller kingdoms.

An animation showing the unification of Italy. Retrieved from: https://en.wikipedia.org/wiki/Italian_unification by Artemka, licensed under CC BA-SA3.0

In practice, many people looking into this process will find their ancestor immigrated much later than 1861, and that they automatically received citizenship upon their birth, as their parents were a citizen.

The below photo shows an instance of violating the 1861 Rule, as Nobile Caselle, presumably a citizen of the Kingdom of Two Sicilies (which was the country where he was from), would not be a valid starting point. Nobile was not alive on March 17, 1861; thus, it wouldn’t be possible to use this as a starting point to claim citizenship in most situations. If Nobile instead died on January 1, 1868, he would be a valid ancestor for the purpose of the 1861 Rule.

1861 Rule Counterexample

The second rule is that a minor (under 21 in 1912) lost their citizenship if their father naturalized before July 1, 1912 and they resided outside of Italy, this is known as the “1912 Rule.”

In most cases, only the naturalization of your last Italian ancestor (the one born in Italy), and his child (your ancestor, not his/her siblings) is relevant. After this date, citizenship of minors is protected if it is given as a birth right (as it is in the United States). Before this date, if a father naturalized, a child born in the United States (and thus a United States citizen) and descended from an Italian father (and thus an Italian citizen), would lose their Italian citizenship. This means they cannot be used to claim citizenship. If a minor child came from Italy, and their parent’s naturalized even after July 1, 1912 while the child was a minor, citizenship still would not have been protected.

Let’s try an example. In the below photo Rafaele Travierso naturalized on March 8, 1908, this meant that Pietro lost his Italian citizenship despite the fact he was born in the United States and was granted citizenship on birth.

1912 Rule Counterexample

However, let’s say Rafaele naturalized on August 8, 1918, or even never naturalized. In that situation, Pietro and his descendants could qualify for Italian citizenship.

1912 Rule Example

The third rule is that women could not pass on citizenship before January 1, 1948, and lost citizenship automatically when marrying a foreigner (if they had another citizenship). This is known as the 1948 Rule.

Like most laws during and before this time, citizenship discriminated based upon gender. Women thus were not allowed to pass on citizenship before January 1, 1948. However, if this rule is the only rule preventing you from qualifying, it is possible to do something known as a “1948 case” to attain citizenship. However, it entails hiring an attorney and filing in court in Italy.

For instance, let’s continue using the previous example. In this instance, Maria, who received citizenship from her father Pietro, would be unable to pass on citizenship to her son Francesco, as it was before January 1, 1948. Another consideration would be that Maria likely married John before January 1, 1948, and she was also a United States citizen, and thus would be deprived of her Italian citizenship. However, both can be challenged in a 1948 case, and the success rate is nearly 99%.

1948 Rule Counterexample

However, if Francesco was born on September 9, 1956, and Maria married John in 1950, then she would’ve been able to pass on citizenship to her son Francesco, and Francesco could have passed on citizenship to his children.

1948 Rule Example

These three main rules govern the process. However, there are still several stipulations that should be kept in mind.

First, there was some territory, including Venice, and other border areas of modern Italy that joined or left Italy at different times. Some boundaries were moved after World War I, and the resulting treaties. In situations in which territory is now Italian, or is no longer Italian, it is generally required that you prove your ancestor left while it was still Italy (or after it became Italy).

Additionally, any ancestor in the line could have formally gone to the Italian consulate and requested to renounce their citizenship. This is incredibly rare as citizenship was lost automatically under the previous provisions. However, a small few went through that process. If anyone renounced before the next generation was born (or until majority until the 1912 Rule) your line would not be valid.

This is only a basic interpretation of the law. For further assistance you can contact Godfather’s Citizenship and take advantage of our complete application preparation services, or our a la carte services.