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Through a case upon the Ordinary Court of Rome, it is possible to obtain the declaration of Italian citizenship iure sanguinis for you and your family.
Citizenship can be claimed in court by the paternal or maternal lineage, depending on the case.
Anyone who has an Italian ancestry by paternal lineage, regardless of whether it is also by maternal means, is, as a rule, obliged to request the declaration of citizenship through the administrative route, which is in an Italian municipality or consulate. It is also important to highlight that those who do not reside in Italy must apply through a consulate in their jurisdiction.
Given the large number of Italian descendants interested in recovering their origins, the demand for recognition of citizenship iure sanguinis at the consulates is very high. Therefore, the consulates usually fail to respect the legal deadline of 730 days to provide such procedures.
For that reason, some of them force descendants to wait in a waiting line, in which the time to be assisted is always unknown and frequently exacerbated, as an example, in some cases it can even exceed ten years of waiting.
Other consulates, while not having a queue by itself, require an appointment to be booked before filing the application and documents, through an online platform. Also in this case, the waiting time generally exceeds the legal deadline.
It happens, however, that such practices end up making it difficult and precludes the access to a subjective right reserved for all Italian descendants.
That is why with a lawsuit against consular queues at the Ordinary Court of Rome, the illegality of the long waiting lines can be remedied.
If you only have an Italian lineage, ascending from an Italian woman, and her son or daughter was born before January 1, 1948, you will necessarily need to go to the Ordinary Court of Rome to be officially declared Italian.
It happens that before the new constitution, unfortunately, women could not transmit citizenship to their children, which changed just with the entry into force of the new Constitution of the Republic of 1948.
If your case is of Italian citizenship through the maternal lineage, or if you have questions about this modality
Citizenship will not be declared judicially in cases where the request is justified by the maternal route, but the possibility remains of being requested through the paternal route, that is, administratively.
The so-called pseudo-maternal citizenship occurs when applicants do not locate documents of the Italian ancestor of the paternal line, but only the civil records of the maternal line.
The applicant may be deeply harmed if he does not pay attention to the risks of pseudo-maternal citizenship, so it is advisable to pay close attention when defining the ancestral line that will serve for the application for Italian citizenship iure sanguinis.
