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Maternal Line Legal Proceedings
We are experts in obtaining Italian citizenship through the judicial route. We represent and support you throughout the entire process. We conduct the tracking and preparation of the file, provide legal representation before the Courts of Rome in Italy, and deliver the certification that confirms you are now an Italian citizen. We can do this because we have an Italo-Argentinian team with the necessary experience and knowledge to carry it out. Although this process is more extensive and complicated than the administrative route, the chances of winning the case are enormous! Since 2009, jurisprudence has been consistent on this point.
Considerations
Every family story has its particularities, and when applying for Italian citizenship, one cannot proceed the same way in all cases. An example of this is if your AVO (the last person in your family born in the European country) is a man or a woman, as, in the latter case, you may not be able to do it through the administrative route (by descent) and may need to go through the judicial route, commonly known as the maternal line route. There is often confusion that if the Italian person is, for example, your mother’s great-grandfather, it automatically corresponds to the judicial route. This is not the case; it is necessary to verify the entire line of ancestry along with birth dates, which will be key in defining the process. To dispel these myths, we briefly explain how to determine if this is the applicable case:
When is it necessary to apply for citizenship through the judicial route?
To understand the reason for this situation, we need to know a bit of history…
Only starting in 1948 did Italy establish equal rights between men and women in its National Constitution. Before this, there was no equality of rights, and women could not pass citizenship to their children. However, since 2009, the Italian judiciary changed this, and now anyone in this situation can obtain citizenship recognition through the judicial route, claiming their right to be a citizen before the Italian courts.
When there is a woman in the genealogical line of our family tree, whether she is the one who emigrated (AVO) or a later Argentine woman, we must check the birth year of her child. If the child was born before 1948, citizenship must be applied for through the judicial route, before the Court of Justice in Rome.
What does the process of obtaining citizenship through the judicial route entail?
This process involves appearing before the Court of Rome and carrying out a legal action where the right to citizenship is claimed.
This takes approximately 12 to 24 months from the time a judge is assigned to the case, and it is divided into three parts: the judicial procedure, the notification of the Ordinance, and the transcription of certificates.
It is important to note that it is not necessary to travel to Italy to carry out the procedure, as it can be handled by a lawyer. Additionally, there is no way to expedite the procedure, as it is up to the Italian judiciary. It is also necessary to sign a power of attorney that authorizes the lawyers to represent the applicant before the Italian courts and carry out the legal action.
Frequently Asked Questions
How long does the process to obtain this type of citizenship take?
Approximately 18 to 24 months.
Can I obtain Italian citizenship through the maternal line?
Yes, but in some cases, if a woman gave birth before 1948, it will be necessary to undertake a judicial process in Italy.
Do I need to travel to Italy to appear in court?
You can attend the hearings, always with legal representation.
What does it mean to obtain Italian citizenship through the judicial route?
It means undertaking a judicial process in Italy, suing the Italian Ministry of the Interior so that a judge grants you citizenship.