Increased search for Italian citizenship processes through the courts

Against the queues at consulates, the procedure is well regarded even by sectors representing Italian municipalities

The demand for legal process to apply for Italian citizenship. The wave of canceled cases in Italy, motivated by corruption and false residency charges, has increased the pressure to combat the long waiting lists at the Rome Civil Court.

The delay of 10 to 15 years for Italian consulates to analyze requests and the fear of a possible change in the law is another factor that boosted the search.

According to Istat (National Institute of Statistics) in Italy, there is a waiting list of 112 Brazilians to obtain Italian citizenship. This means that approximately 460 people are waiting in total, since each application, on average, involves four people.

Italian diplomatic representations in Brazil admit that they are having difficulty dealing with the growing demand.

“We are taking some measures to improve the functioning of diplomatic structures, however, it is clear that with such high numbers it will be very difficult to quickly satisfy the demands that arrive,” said Antonio Bernardini, Italian ambassador in Brazil.

The way to do this is to resort to legal proceedings.

Thousands of actions filed

Until the end of July this year, before the judiciary recessed, there were more than 6 requests filed in the Rome Court., with hundreds of cases already concluded.

Furthermore, a specialized immigration court was created, and Italian citizenship cases began to be processed under the summary procedure, which made their completion faster.

The judicial process is a safe and advantageous option for those who are not in a hurry to obtain citizenship. It is done without the need to travel to Italy at any time.

Procedural and document expenses can be shared if more family members join the process. Not to mention that applicants do not need to spend on air tickets and other expenses in Italy. This generates savings and security.

Completing the action takes approximately 12 to 24 months. The duration of the entire procedure varies depending on the judge who takes on the case. 

The procedure is safe

In March, during the ANUSCAMembers referred to the judicial Italian citizenship process model as the most viable and the future of such processes. The organization is one of the main Italian associations that provides support to civil registry and residency officials in Italy.

For Paride Gullini, president of the entity, “in addition to relieving the consular service and communes, the court procedure contributes to drastically reducing corruption cases”.

Because, according to him, after the judge's approval, the transcription of the civil registry – the birth certificate – of the “new” Italian is carried out in the original municipality. In other words, in the land of the Italian ancestor.

How works

To guarantee the right to the application, according to Italian law, the applicant can file a lawsuit in the Civil Court of Rome. The argument, in this case, is the non-compliance with Italian law by the Italian consulates in Brazil. For this, it is necessary to be on the consulate's waiting list.

With a public power of attorney, specifically for the process, and the documents to file the lawsuit, the lawyer (registered in Italy) will handle the entire procedure on behalf of the applicant. It is possible to track the progress of the Italian citizenship judicial process online.

Who is entitled to apply for Italian citizenship

• Recognition of Italian citizenship is possible through the principle juris sanguinis (right of blood); in other words, it is not necessary to have been born or lived in Italy.
• Every descendant of Italian has the right to obtain citizenship.
• According to the paternal line, there is no limitation regarding the year of birth of the children.
• In cases where there is a woman in the line of descent, she will only transmit citizenship to children born after 1948 through the administrative-consular route. For those born before this date, recognition is only possible through the courts, but in this case a process called “maternal”.
• There may also be impediments in the case of children born out of wedlock.
• Knowledge of the Italian language or Italian history and legislation is not required.
• If an ancestor in the Italian genealogical line has become a naturalized Brazilian, descendants will only be able to apply for citizenship if the child was born before their naturalization.

What documents should be sought

Brazilian certificates must be in full and updated – they are valid for one year.

See below the documents for Italian citizenship judicial are necessary:

Documents needed for Italian citizenshipin court

• Baptismal certificate or Italian birth certificate of the ancestor who emigrated to Brazil (document issued by the common (municipality) of birth in Italy. If there was no civil registration at the time of his birth, the document will be the baptismal certificate issued by the parish.
• Brazilian birth certificates for the entire line of descent. If civil registration did not yet exist at the time of his birth, the document will be the baptism certificate issued by the parish.
• Marriage certificate for the entire line of descent. Be careful: if your partner got married in Italy, you will need to request this document there.
• Death certificates (only that of the Italian ancestor).
• CNN (Negative Certificate of Naturalization) of your Italian ancestor, which is issued on the website of Justice ministry.

All Brazilian documents must be translated by a sworn translator and handouts.

Divorced claimants

Divorced Italian citizens must present documentation for transcription at the competent Comune Italiano.

In the case of divorce established by sentence, the applicant must present:

• Certificate of Object and Foot relating to the divorce process, accompanied by an Apostille, duly translated into Italian by a sworn translator. The translation must also be accompanied by an Apostille.
• Authenticated photocopy of the legal divorce process, from the initial petition to the final sentence, with a final and unappealable stamp. The initials of the official or director of the Registry of the Court of Justice must appear on all pages of the file. Certificate of Object and Foot relating to the divorce process, accompanied by an Apostille. Everything must be properly translated into Italian by a sworn translator. The translation must also be accompanied by an Apostille.
• Authenticated photocopy of the legal divorce process, from the initial petition to the final sentence, with a final and unappealable stamp. The initials of the official or director of the Registry of the Court of Justice must appear on all pages of the file.
• Sworn translation, accompanied by an Apostille, of the following main pieces:
  – Initial petition
  – Minutes of Instruction and Judgment
  – Sentence
  – Traffic in Judgment (in general, this is a stamp on one of the last pages of the sentence)
  – An original copy of the attached Declaration filled out with the date on which the sentence became final and signed by the interested party.

In the case of administrative divorce (Law no. 11441, of 04/01/2007), the applicant must present:

• Original and recent second copy of the Public Deed of Consensual Divorce, issued by the Notary Office in which it was drawn up. It must be accompanied by an Apostille, duly translated into Italian by a sworn translator. The translation must also be accompanied by an Apostille.
• An original copy of the attached Declaration filled out with the date on which the sentence became final and signed by the interested party. The original documents must be translated by a sworn translator.

We recommend:

Blessed Citizenship
[email protected]
www.benditacidadania.com.br