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Italian citizenship: what is the alternative to process it without a shift and who can access it

2023-05-15T09:58:03.948Z

Highlights: It is a legal process that allows you to obtain dual nationality without managing it at the consulate. More and more Argentines are considering emigrating to Europe in search of better opportunities, either for work or study. There are two ways to obtain Italian citizenship, one is administrative and the other judicial. The documentation to apply for citizenship through a trial is the same that is needed to carry out the process administratively either in the consulate or in the commune of Italy. A power of attorney, signed only by the applicants, for the lawyer who will conduct the trial.


It is a legal process that allows you to obtain dual nationality without managing it at the consulate. What are the requirements.


In the context of economic and financial uncertainty that the country is currently going through, more and more Argentines are considering emigrating to Europe in search of better opportunities, either for work or study. In this sense, having a European passport is the first step to ensure a prolonged and legal stay abroad.


Those who have ancestors born in Italy can access the citizenship of that country by fulfilling certain requirements, so it is usual to start finding out in the family nucleus for data and documents to start the process.

It is important to know that there are two ways to obtain Italian citizenship: one is administrative, which is the one that is processed in Italy or in the Italian consulate of the country where you reside. In the latter case it is essential to have a turn, which is usually difficult to get, to present the folder with all the required documentation.

The other way is through the courts, in this case although there is no need to get an appointment, only some specific cases can be accessed.

More and more Argentines are considering emigrating to Europe in search of better opportunities, either for work or study. Photo: Archive

How do I know if my Italian citizenship procedure corresponds to me administratively or judicially?

To know if the procedure is judicial or administrative, it is necessary to ask:

. Are there women in my line of ancestry? This means that if the person who transmits the right of blood to you to obtain the recognition of your Italian citizenship is a great-grandmother or grandmother. If the answer is yes, your procedure can be judicial.

But to know for sure, we will have to answer a second question:

In what year did that woman have her child? If the answer is that the child of the first woman in the line was born before January 1, 1948, then the procedure is effectively judicial.

An important detail is that the children of those who obtain citizenship through maternal (judicial) means, if they were not included in that trial, in the future will not be able to carry it out administratively. They will have to conduct a new trial.

It is therefore recommended that, before starting the procedure, all the interested parties with whom you have a blood link are integrated.


On the other hand, if there is no woman in line, the procedure to obtain Italian citizenship is automatically administrative.

There are two ways to obtain Italian citizenship, one is administrative and the other judicial. Photo: Archive

What are the requirements to acquire Italian citizenship through the courts?

tag. A power of attorney, signed only by the applicants, for the lawyer who will conduct the trial. The power of attorney is drafted by the lawyer and sent to the applicants for signature in front of a notary public.


tag. Folder with all the documents that prove the binding relationship of the applicants with their Italian relatives.

The documentation to apply for citizenship through a trial is the same that is needed to carry out the process administratively either in the consulate or in the commune of Italy. This means that you must have the birth and marriage certificates of the entire line of succession, also the death certificates (if necessary) of the Italian ascendants.

The complete and detailed information of the documents they ask to present at the Consulates is in the following note: How to prepare the folder to start the process.

How to start a lawsuit to obtain Italian citizenship?

First of all it is necessary to have the advice of a lawyer who has extensive knowledge on this subject. It is required that you be registered with one of the Italian Bar Associations.

Meanwhile, although the trial takes place in the Court of Rome, it is not necessary to be or travel to Italy for it to be carried out.

The documentation to apply for citizenship through a trial is the same as that needed to do so administratively. Photo Shutterstock

What are the different stages that the judicial process goes through?

. First stage

The chosen lawyer presents the folder together with the power of attorney signed by the applicant or applicants for Italian citizenship. A protocol number is then assigned to track the process.

You must wait for the appointment of the judge who will control the documentation. This can take a fairly long estimated time: from two weeks to 10 months.

The next step is to obtain an appointment for the certification of the papers delivered and issue the recognition sentence, which can take from 8 to 18 months for its completion.

Finally, if the judge's ruling is positive, the ordinance is approved within 60 days of the last hearing and the intervening actors are formally considered as Italian citizens.

. Second stage

Once the decision has been issued and the 60 days mentioned above have elapsed, you must wait 6 months for the decision to become final.

The legal representative shall notify both the Ministry of the Interior and the Public Prosecutor's Office of Italy of the opinion.

. Third stage

When the authorization is initialed, its transcription and the corresponding records of those who officially became Italian citizens (birth and marriage if applicable) are required. This management must take place in the Italian commune or town where the last person in your family tree was born.

The authorities of the municipality shall automatically inform the consulate of the recognition of Italian citizenship to the persons concerned.

Citizenship through judicial channels: what are the chances of obtaining it?

In cases of applying for citizenship through a trial, there is a high possibility that the case will be resolved in favor of the applicant. For the process to benefit you, the essential thing is to have all the documentation without errors, apostilled and duly translated and that you can also prove that the first Italian of the family that emigrated did not renounce his nationality.

It is essential to keep in mind that if any document has an error in the transcription or translation, the process will be much longer and you may even lose the trial and not obtain Italian citizenship.

LN

See also

Italian citizenship: the 5 most common mistakes for which you can be rejected and how to avoid them

Living and working in Italy: what are the four most requested and best paid jobs

Spain is looking for Argentines without experience to work and live in the country: what are the requirements

MEP dollar: what it is and how you can buy it online, without limits and legally

Short term rentals: how is the trick to publish on Airbnb and Booking and charge in dollar ticket

Source: clarin

All news articles on 2023-05-15

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