Recent Updates on Italian Citizenship Recognition through Jure Sanguinis (Citizenship by Descent)

by Adriana ruiz

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If you’re an expat or foreigner seeking Italian citizenship, particularly through Jure Sanguinis (right of blood), recent rulings by the Italian Supreme Court of Cassation may impact your eligibility and the process. Here’s an updated guide on how these new interpretative lines affect the recognition of Italian citizenship by descent, and what you need to know about the latest legal framework.

What is Jure Sanguinis?

Jure Sanguinis is the process by which descendants of Italian citizens can claim Italian nationality, provided they can prove an uninterrupted chain of citizenship from an Italian ancestor. The process often applies to those born outside Italy but with Italian ancestry.

The Legal Update: Key Supreme Court Rulings

Recent decisions by the Supreme Court of Cassation (in particular, Cass. civ. Sec. I, Ord. no. 454/2024 and no. 17161/2023) have clarified certain ambiguities surrounding Jure Sanguinis claims, especially when it comes to individuals who are descendants of those who lost Italian citizenship due to naturalization in another country.

The rulings specifically address cases where Italian ancestors lost their citizenship upon voluntarily naturalizing in a foreign country, potentially breaking the chain of citizenship transmission to their descendants. Here’s a breakdown of the updates:

1. Bipolidia (Dual Citizenship) and the Link Between Articles 7 and 12 of Law No. 555/1912

One of the key issues clarified by the Supreme Court concerns bipolidia, or dual citizenship. Under Article 7 of Law No. 555/1912, dual citizenship was allowed for individuals born in countries granting Jure Soli (citizenship by birthplace) while retaining their Jure Sanguinis status from their Italian parent. However, Article 12 of the same law dealt with the loss of citizenship for minor children of those who voluntarily naturalized in another country.

The Court ruled that voluntary naturalization by an Italian parent, when the child was a minor, interrupted the chain of Italian citizenship unless the child reacquired Italian citizenship once they came of age. If this step wasn’t taken, the Jure Sanguinis connection is considered broken, preventing the transmission of citizenship to subsequent generations.

2. Reacquisition of Citizenship

For individuals whose ancestor lost Italian citizenship due to voluntary naturalization, the Court has emphasized that the reacquisition of Italian citizenship by the ancestor is critical. This must occur before the birth of their descendants who are seeking to claim Italian nationality. To prove this, applicants will need to provide evidence that the ancestor reacquired Italian citizenship before the birth of the claimant.

Additionally, documentation from the foreign state of residence will be required to confirm whether the ancestor voluntarily acquired foreign citizenship (and when) and if the ancestor ever reacquired Italian citizenship as per Law No. 555/1912.

3. Effect of the Election of Citizenship

Another important ruling, clarified in Decision No. 5518/2024, deals with the acquisition of Italian citizenship by children recognized or judicially declared as the child of an Italian citizen after reaching adulthood. The Court clarified that such individuals acquire Italian citizenship retroactively, from the moment of birth, not from the date they made the election to acquire it.

This means that if an adult individual is recognized as the child of an Italian citizen (or if they are judicially declared as such), they will be considered to have been Italian from birth, and their descendants may also be eligible to claim Jure Sanguinis citizenship.

4. Handling Defects in Documentation (Birth Certificates and Filiation)

The Supreme Court also addressed cases where applicants were unable to provide birth certificates for their Italian ancestors. The Court has ruled that continuous possession of child status (proven through facts such as the ancestor’s recognition of their child, upbringing, and social relations) can be used to fill in gaps when official documents like birth certificates are missing.

However, this rule applies primarily to judicial proceedings and not to administrative applications for Jure Sanguinis citizenship. Administrative authorities must rely on official documentation that directly proves the transmission of citizenship through uninterrupted generational lines.

5. How Does This Affect You?

If you are an expat or foreigner seeking to apply for Italian citizenship through Jure Sanguinis, it’s important to be aware of these changes. Specifically, you will need to:

∙ Provide proof of your ancestor’s Italian citizenship, including evidence of their voluntary naturalization (if applicable), and whether they reacquired Italian citizenship before your birth.

∙ Ensure proper documentation, such as birth certificates, documents proving family relationships, and the reacquisition of Italian citizenship if the ancestor lost it due to naturalization.

∙ Understand that acquisition of citizenship may be retroactive to the moment of birth, which could impact your descendants’ eligibility for citizenship as well.

6. Steps to Apply for Citizenship Jure Sanguinis

1. Verify your eligibility: Confirm that you have an Italian ancestor who maintained (or reacquired) Italian citizenship before your birth.
2. Gather supporting documents: This includes birth certificates, marriage certificates, proof of naturalization, and any other records linking you to your Italian ancestor.
3. Provide documentation of reacquisition: If your ancestor lost Italian citizenship due to naturalization, provide evidence that they reacquired it before your birth.
4. File your application: Submit your completed application and documents to the Italian consulate or civil registry office in Italy or your country of residence.

These updates clarify some important nuances in the Jure Sanguinis process and could significantly impact the ability of descendants to claim Italian citizenship. If you’re unsure about how the changes affect your situation, it’s advisable to seek legal counsel or assistance from services specializing in Italian citizenship applications.

For assistance with your Jure Sanguinis application, feel free to reach out to us at [email protected].

 

 

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