What is Italian descent for citizenship purposes?
Italian descent meaning is a relationship recognized over time by the generational transmission jure sanguinis between an individual and their Italian ancestor.
Italian descent
Italian law recognizes descent either through the registration of Italian parents in the comune of Italy and representative jurisdictions such as the Italian Consulates.
For people who are of Italian descent, as in the case of immigrants who left Italy and came to Brazil, this recognition can be done in three ways:
a) Judicial recognition of Italian descent: This takes place through Italian lawyers in court cases throughout Italy in proceedings against consulate queues, maternal citizenship and others. *Our Italian law firm based in Milan specializes in this area.
b) Recognition of Italian descent administratively:
B1) Through Italian Consulates
B2) Through residence in a Comune in Italy
Thus, there are 03 possibilities in the Italian system for the de facto recognition of links between antenato and their descendants.
Italian descent
How do I know if I am of Italian descent?
The first step to finding out if you are of Italian descent is to search for your family members' Brazilian certificates. There are always many clues that we can find through the surname, place of birth of great-great-grandmothers, great-great-grandfathers and so on in the documentation.
Another way is to use websites such as family search, which contains a large collection of Italian documents.
An important tip is to create a family tree of every line of descent up to the dante causa (Italian) and thus analyze your right to Italian citizenship. Our lawyers can also help you at this stage.
Do I have to have an Italian surname to be of Italian descent?
No! Many people think that not having an Italian surname would rule out the right. What transmits citizenship is the direct blood link without interruption or renunciation with the Italian who transmitted this right.
Is there a generational limit to my right to Italian citizenship by descent?
Not in principle. Italy was unified as a unitary state in 1861. Anyone who died before then has no right. Those who were born before 1861 and died after Italian unification do. This does not exempt you from having to analyze your line of descent or ancestry.
Our office analyzes all the documentation of Italian descent, checking that the transmission was done correctly, that there are no errors to be rectified, as well as naturalization, in addition to verifying the declarants on the certificates.
How do I get an Italian passport if I'm a descendant?
There are several answers to this question.
a) If you have just had your documents transcribed by the comune and you live in Italy, you need to book your passport at the questura;
b) If you have had legal proceedings in Italy with confirmation of the transfer of the AIRE attesting to your residence outside Italy, you only need to book your passport at the Italian Consulate;
c) If you have minor children, the same appointment is made at the Consulate.
The Italian law firm Piccolo Rinaldi, based in Milan, Italy, is made up of qualified Italian lawyers and we are at the disposal of Italian descendants seeking recognition before the Italian State.
For more information, please contact us via email or whatsapp.
