Can A Female Relative Can Pass On Italian Citizenship To Descendants*

Every year, countless immigration aspirants apply for Italian citizenship by descent to take advantage of their ancestral roots. It is a fast and easy route, so eligible applicants do not want to miss out on it. But one thing that may stand in your way is the gender of your ancestor. You may not qualify through a female ascendant, but you can still get in through another route. The 1948 Rule comes to your rescue, and you can visit mbersanilaw.com for a complete guide on this rule. A female relative can pass on their citizenship right to descendants. Let us explain how this option works.

The year of giving birth is the deciding factor

According to the current Italian citizenship law, women could only hold and not pass citizenship to their children born before January 1, 1948. It means the year in which your female relative gave birth is the deciding factor. It can lead to peculiar situations as siblings from the same mother may not qualify for Jure Sanguinis because they were born a year apart. If you were born before 1948, you and your family are deprived of the Jure Sanguinis claim. Conversely, a sibling and their family qualify because they were born after the year. Likewise, the same applies to applicants applying through a female relative from generations before.

The 1948 Rule comes to your rescue

Claiming Italian citizenship through a maternal bloodline sounds impossible if your mother or female ascendant gave birth before 1948. The Jure Sanguinis route will not work as you fall in an exception. But the 1948 Rule comes to your rescue as it was implemented to address the inequality between men and women. Under this rule, the Italian government allows applicants to claim through a judicial process rather than the conventional administrative route. It implies you need not give up on your rights only because your ancestor was a woman, not a man.

The judicial process is easier than it sounds

While it is good to know that Italian women can pass on citizenship to their descendants, the idea of claiming through court sounds daunting. But it is much easier than it sounds, provided you have a 1948 specialist lawyer to represent your case. Typically, you may have to wait for several months to get your consulate appointment because immigration queues are long. However, you may get a court hearing date much sooner. The best part is that you need not even travel to Italy for a hearing. You can provide a power of attorney to your lawyer, and they can represent you in court. Even the documentary evidence for both routes is the same.

Applying for Italian citizenship through a female relative shouldn’t be a problem, provided you get the right start. It begins by determining your eligibility, whether you qualify for Jure Sanguinis or the 1948 Rule. In the case of the court process, collaborating with an experienced lawyer gives you a head start. Having an expert representing you gives you confidence and peace of mind.