Recognition of Italian Citizenship on the basis of the law of ‘ius sanguinis’ (by law of the bloodline) is determined by Italian Law n. 91 of 1992, Article 1.
The Applicant may only acquire ‘ius sanguinis’ Italian citizenship by birth if one or both of that Applicant’s parents were in possession of Italian citizenship at the time of the Applicant’s birth and they had not renounced that citizenship (or naturalised as a foreign citizen where this implies a renunciation of Italian citizenship).
Via Maternal Line:
Italian women were not granted the right to pass their citizenship to their children until 1 January 1948.
As of 2009 there has been a change in the constitutional interpretation of the applicable rules to Italian citizenship, which were made by the Italian Supreme Court. It was held that descendants of an Italian female, who lost their Italian citizenship for marrying a foreign husband (Law n.555 of 1912) have the right to the recognition of the Italian nationality making an application to the Tribunale Ordinario Civile) at the Court of Rome. Please be advised that Italian Consulates abroad are not permitted to deal with these matters and are only dealt with sur place. The Application requires demonstrating a continuous passage of Italian citizenship through the female line without being interrupted by neither naturalisation or renunciation.
For Applicants born post 1 January 1948 an application for Italian citizenship can be made directly to the Italian Consulate that has jurisdiction over their place of residence.
Via Paternal Line:
Obtaining Italian citizenship via the paternal line is easier as the 1948 rule does not apply.
As long as the Applicant can demonstate that:
1) their father was born in Italy and was an Italian citizen at the time of their birth, their father had not become a foreign national and had not renounced his Italian citizenship then the Applicant would have grounds to obtain Italian citizenship.
2) their maternal grandfather was born in Italy, the Applicant’s mother was born in another country other than Italy, the Applicant’s maternal grandfather was still an Italian citizen at the time of the Applicant’s mother’s birth, the Applicant was born post 1 January 1948 and neither the Applicant nor their mother ever renounced their Italian citizenship then the Applicant would have grounds to obtain Italian nationality.
3) their paternal grandfather was born in Italy, their Applicant’s father was born in another country other than Italy and the Applicant’s paternal grandfather was still an Italian citizen at the time of the Applicant’s father’s birth, then the Applicant would have grounds to obtain Italian citizenship.
4) their paternal or maternal great grandfather was born in Italy, the Applicant’s paternal or maternal grandfather was born in another country other than Italy, the Applicant’s paternal or maternal great grandfather was an Italian citizen at the time of his son’s birth, neither the Applicant nor his/her parents or grandparents ever renounced their Italian citizenship, then the Applicant would have grounds to obtain Italian citizenship.
We can assist in preparing documents for an application for Italian citizenship on the basis of ‘jus sanguinis’. By preparing a dossier of documents, which includes sworn Italian translations and legalisation of documents including birth certificates and marriage certificates we are able to assist the Applicant to demonstrate their right to Italian citizenship whether they be making an application at the Italian Consulate that has jurisdiction over their place of residence or at the Court of Rome.