Obtaining the Italian citizenship by judicial route includes the recognition of descent through litigation that must be carried out by a lawyer who will represent the interested parties who have family ties with native residents.
This is a legal process that will allow applicants to access the double nationalitypreventing the complexity caused by trying to acquire an appointment online and the appearance of intermediaries to carry out the consular procedure.
The main advantage offered by the alternative means of the Italic Courts is that it is not necessary for the applicant(s) to be in Italy during legal development, a substantial difference in case of opting for the administrative path. For which, it is an exclusive requirement to be present in the territory of the European nation.
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Which members of the family can apply for Italian citizenship through the courts?
- The daughter of the first woman in the line of descent who was born before January 1, 1948, will be authorized to use the mechanism of judicial route to acquire the Italian citizenship.
- It is vitally important to note that the firstborn of those who obtained nationalization through the maternal line, if they were not included in the current trial, subsequently they will not have the power to manage it bureaucratically. Hence, they will be forced to face a new summary or file. It is highly recommended that, before starting the procedure, all interested parties or those interested with the requirements have a blood relationship.
- In this regard, the resource makes it possible to cover the entire chain of succession and accepts “generational leaps”.
Requirements to acquire Italian citizenship through the courts
- A power of attorney signed by the applicants for the Italian citizenship, for the lawyer who will officiate at the trial. It is prepared by the legal representative and sent to the suitors for their signature.
- Folder with all the documents that prove the binding relationship of the applicants with their Italian relatives.
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What are the 3 stages that make up the judicial process?
Stage 1
The chosen lawyer presents the folder together with the power of attorney signed by the applicant(s) for the Italian citizenship. Then, a protocol number is assigned that allows the procedure instances to be tracked.
You must wait for the appointment of the judge who controls the documentation, which can take a long estimated time of between two weeks and 10 months.
The subsequent step consists of granting a turn for the certification of the delivered papers and issuing the judgment of recognition, which can take around 8 to 18 months for its concretion.
Finally, if the magistrate’s response is positive, the ordinance is approved within 60 days after the last hearing and the intervening actors are formally considered as italian citizens.
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Stage 2
- Once the resolution has been issued and the sixty days mentioned above have elapsed, you must wait 6 months for it to become final.
- The legal representative shall notify both the Italian Ministry of the Interior and the Italian Public Ministry of the decision.
Stage 3: Transcription of minutes
When the authorization is initialed, the transcription of the same and the corresponding minutes of those who initially italian citizens (birth and marriage if applicable). Said management must take place in the Italian commune or locality, in which the birth of the last person in your family tree occurred.
The authorities of the municipality will inform the competent consulate of the recognition of the Italian citizenship to the petitioners.
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