Italian Citizenship Through A Female Ascendant-The 1948 Rule

Italy allows immigration aspirants to claim citizenship by descent. You have better chances of starting a new life in this incredible country if you validate your roots here. But things are far more complex than they sound because you may not qualify if you have a maternal bloodline in the country. Some conditions apply, so you must know the facts before going ahead with the Jure Sanguinis process. The good thing is that if you fail the eligibility test, you can access it through a different route. You can visit mbersanilaw.com for a complete guide on this alternative. Here are the facts you must know about applying for Italian citizenship through the 1948 Rule. 

Maternal line and exceptions to Jure Sanguinis

You may fail to qualify for citizenship by descent if you have a female ancestor. The reason is that Italian women could not pass the right to citizenship before 1948. You will not be eligible to claim if you were born to an Italian mother before the year. Strangely, your siblings from the same mother will qualify if they were born after 1948. Likewise, you cannot claim through your grandmother or great-grandmother if they gave birth before 1948 and the child is in your direct lineage. These conditions are exceptions that make you ineligible for the conventional administrative process. 

Seek help with the 1948 Rule

While you may not qualify through the conventional route with a maternal bloodline, you need not give up the idea. You can still fulfill your immigration dream through the 1948 judicial process. The 1948 Rule was implemented by the Italian government to rectify the discrimination against women in the current law. It enables applicants to claim citizenship by descent even with maternal roots. The only difference is that you have to apply through the court rather than your local consulate. Even as the court process appears daunting, it is a lot simpler than you imagine.

Understand the court application process

Awareness takes you a step ahead with the court process as it eliminates apprehensions. The initial phase is similar to the administrative route as you have to gather the documents validating your bloodline from your ancestor’s comune. Once you have your documents, you must hire a lawyer to represent you in court. It is best to choose a 1948 specialist as they have a good understanding and experience with these cases. You may not even have to travel to Italy as the lawyer can be there at the hearing on your behalf. Giving them Power of Attorney is enough. They get you a case number and hearing, where the judge evaluates your paperwork and gives a green signal if everything is in place.

While a female ancestral line does not make you eligible for Italian citizenship by Jure Sanguinis, you can still claim your right. The 1948 Rule is a savior for such applicants. But everything boils down to understanding the option and overcoming apprehension regarding a court process. Having an expert to represent you in court doubles your confidence. 

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