Who has the right to Italian citizenship?

If you are full of doubts about Italian citizenship, our post is perfect for you to clear all doubts about this subject. Come with us!!!!

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Introducion

Having the recognition of Italian citizenship is a right that many descendants have and do not know about. Many have Italian origin, due to the historic event of Italian Immigration. The countries developed policies to encourage immigration and many Italian immigrants went to the South and Southeast of Brazil. Here at Traveling to Calabria you make the trip of your dreams!!! Are you staying in Calabria? LOOKING FOR A HOTEL IN CALABRIA? Check our suggestions! Click here!

Continuing…

This immigration also went to other countries in America such as Argentina, Chile, Uruguay, Peru, USA, among others. Whoever holds Italian citizenship has benefits throughout the EU. You can travel, live and even work legally. And, this benefit is also extended to their descendants and spouses. Talking about ITALIAN CITIZENSHIP is not limited to knowing about hereditary rights to citizenship. This is a very broad topic. There are many ways to become an Italian citizen. Let’s get to know each one of them? Read also: Eight Steps To Start Your Family Tree

1) Immediate recognition

Italian citizenship is automatically recognized when a child is born in Italian territory and at least one of its parents is Italian. Another way of automatically recognizing citizenship is through adoption. However, a distinction is made between those under and over 18 years of age. See all the posts about Calabria!

  • The adopted child directly receives Italian citizenship by adoption. When the child is adopted before the age of 18, it is considered an Italian citizen by blood. The adoption process must be duly formalized under the legislation of the country of origin and subsequently presented to the Italian Consulate for approval by the Italian Court.
  • Children adopted after the age of 18 can obtain Italian citizenship through naturalization. In this case, they must have five years of legal residency in Italy after the adoption.

Recognition of the Italian citizenship of a child under the age of 18, of an Italian citizen or an Italian citizen does not take as long in the queue of Italian Consulates to be approved. In this case, the Italian parent must only communicate the child’s birth to the Italian Consulate and send the birth certificate. The birth certificate must be accompanied by a certified, Apostille translation. Citizenship for children over the age of 18 is not automatically recognized. The procedure for those over 18 is via Jus Sanguinis recognition.

2) Jus Sanguinis Recognition

There are two types of citizenship rights: Jus Soli and Jus Sanguinis. Jus Soli is understood as the adoption of the territorial criterion for attributing nationality, so that whoever is born in the national territory has the nationality of that country. While for Jus Sanguinis the criterion is linked to parentage, so that the individual will receive the nationality of his/her parents.

Italian citizenship Jus sanguinis

To recognize Italian citizenship Jus sanguinis, “the right of blood”, that which is transmitted from the Italian ascendant to the children (It is like a chain and has no generational limit), it is necessary to assemble the family tree with the line of descent from Italian to the person claiming citizenship . After the family tree has been assembled, it’s time to look for the CERTIFICATES: birth, marriage and also, if necessary, the death certificates of everyone involved in this process. It will be necessary to make the CNN, Negative Naturalization Certificate, from the Italian ancestor, which will be clarified in the next videos.

The next step will be to decide where the process will be filed:

In Italy or at an Italian consulate near your residence. The administrative route in Italy remains the fastest. Even though there is a preferential line at some consulates, the procedure continues to take longer than it should be. If you do not want to wait for the consular deadlines, you can apply for recognition directly in Italy.

3) Recognition by marriage

Italian citizenship through marriage is granted to straight and same-sex couples. Many people who go through the citizenship recognition process want to know if their spouse will have the right to citizenship, and how they should proceed. Citizenship through marriage has prerequisites for marriages after April 27th, 1983 (GU Serie Generale n.112 del 26-04-1983). Marriages prior to that date follow other guidelines that I will explain later.

The prerequisites are:

  1. be civilly married;
  2. have at least 2 years of civil union, for those who live in Italy, or have 3 years of civil union, for those who do not reside in Italy; (if there are children, this period is cut by half, both in one case and in another);
  3. present identification documents, proof of residence, translated, Apostille birth certificate (must be a certified translator);
  4. present a criminal record certificate;
  5. have a certificate of Italian language at level B1 (Intermediate level).

Although this last decree increased the requirements for the recognition of citizenship, it is not impossible to achieve it. It is important to prepare yourself regarding the time required for the entire process, regarding the necessary and valid documents and regarding a certain command of the Italian language.

4) Recognition by length of residence

Another way to obtain Italian citizenship is through length of residence. This is a good option for those who do not fit into other forms of recognition, and is tied to the requirements of some forms of recognition. This one is for those who have lived here for some time. Italian citizenship for length of residence is granted by the Ministry of Internal Affairs to a foreigner residing in Italy who meets one of these requirements:

  1. be over 18 years of age;
  2. be adopted by an Italian citizen and have been legally resident in Italy for at least 5 years after the adoption;
  3. be a member of any EU country and have been legally resident in Italy for at least 4 years;
  4. be a refugee who has been legally living in Italy for 5 years;
  5. be a member of any country outside the EU and be a legal resident in Italy for at least 10 years. However, this is a much longer process than the others. But, it’s not impossible! We’ll talk more about it here on the Your Travel to Italy channel.

Special thanks…

Post written by our dear friend and partner Lindara Nobre, from Calabrì Cidadania Italiana.

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Conclusion

Who has the right to Italian citizenship? Now that we know about who has the right to an Italian citizenship, we will talk about other questions relating to the process of recognition of Italian citizenship in the next posts. We will deal with all the topics  in a peaceful and easy way. Come with us!

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