Who is eligible for Italian citizenship by descent? (2024)

Italian citizenship by descent (Jure Sanguinis) is a subject which at times may seem convoluted and quite complex. In this article we wanted to take the time to address this topic and try to simplify it as much as possible in order to clarify exactly who is and who isn’t eligible for Italian citizenship by descent.

The term Jure Sanguinis translated from Latin means “by right/virtue of blood”, but literally translated can mean “blood right”.It is a general principle of citizenship law by which citizenship is determined by the nationality of one or both parents at the time of the child’s birth. According to this principle, children at birth may be automatically considered citizens of a nation if either or both parents have citizenship of that nation, regardless of the place of birth. This in most cases also allows for children whose parents belong to a diaspora to be considered as citizens of a country, even if their parents never petitioned to be recognized as a citizen of that country.

In the ancient tribal world, a person’s belonging to a people, tribe, social class and so on was often determined by their father only. In today’s world, most nations expand this right equally to both parents. A quick example, in Italy, women gained the right to transfer citizenship onto their children only after January 1^st,1948.

Most nations apply jure sanguinis in their nationality laws to certain degrees. Italy is one of the countries where a person can easily be recognized as Italian citizens by having at least one Italian ancestor.

But who IS eligible for Italian citizenship by descent?

A person who is eligible for Italian citizenship by descent would gain eligibility in the vast majority of cases by having been born to a person of Italian descent who either was an Italian citizen or would have been eligible for citizenship themselves. There are also situations when a person may be adopted into a family line by an Italian parent or by a parent who has the right to Italian citizenship.

Generally, Italian citizenship by descent petitioners would be eligible for recognition of Italian citizenship by having met the following requirements:

• This person is of Italian descent (or was adopted by a person of Italian descent as a minor (before the age of 21 if before 1975 – or – before the age of 18 if after 1975).
• This person’s Italian born ancestor was alive and a citizen of Italy after the formation and unification of Italy in 1861.
• This person’s Italian born ancestor never lost his/her Italian citizenship by naturalization in a foreign country or only naturalized after the birth of their child who would be the next person in the direct Italian lineage demonstrating the connection of the petitioner back to his/her Italian born ascendant.
• Neither this person nor anyone in his/her direct family line back to Italy, naturalized to become a citizen of another country before the birth of the next person in the direct Italian lineage before 1992.

Now let’s discuss various examples of who would NOT be eligible for Italian citizenship by descent (along with some alternative avenues to qualify for Italian citizenship).

1) If a person has absolutely zero ancestry and zero familial connections to Italy, Italian citizenship by descent would NOT be possible for that person. Although, if that person was adopted into a family of people of Italian descent, this situation may be different.

2) If a person is not of Italian descent and none of their ancestors originally came from Italy but is married to a person of Italian descent, that person would not eligible for citizenship by descent. However, if their “Italian” spouse is eligible for Italian Citizenship by descent or already a citizen of Italy, the non-Italian spouse may have the possibility to apply for citizenship, albeit, not through the same procedure. Once the Italian spouse has completed the Jure Sanguinis process, it will be possible for the non-Italian spouse to apply for citizenship by marriage called Jure Matriomonii. For more information about Jure Matrimonii click here.

If a woman married an Italian man before 1983, who was a citizen or is still eligible for citizenship by descent, she may already technically be considered a citizen of Italy. While this process is not Jure Sanguinis, the documents and processing required are quite similar if her Italian spouse has not yet been recognized as a citizen of Italy. If the spouse is already a citizen of Italy, her citizenship should be recognized quite quickly and simply. If he isn’t a citizen he would need to go through the Jure Sanguinis process and once that process is complete, her citizenship should be recognized soon after.

3) If a person’s family did originally come from Italy and his/her Italian born ascendant became a naturalized citizen of another country before the birth of their child who would be the next person in the petitioner’s direct family line which connects that person to that original Italian-born ancestor, the Italian citizenship “chain” would have then been broken. In this case, that person would NOT be eligible for citizenship by descent. This applies to anyone in the direct family line back to Italy, who petitioned to become a naturalized citizen in another country before the birth of the next person in the direct Italian lineage before 1992.

4) Another instance of a person who may not necessarily be eligible for citizenship through Jure Sanguinis, is a person whose family line goes through an Italian born female citizen who gave birth before 1948 to her child who is in the direct line of ascendancy connecting the petitioner back to Italy. The laws currently at this point in time leave no possibility to go through an administrative Jure Sanguinis process, but this does not mean that the petitioner is not entitled to Italian citizenship by descent. In this situation, it would be necessary to go through the courts in Italy. For more information about the 1948 Judicial process click here

If you feel as though you might be eligible for Italian citizenship by descent or through a judicial 1948 case or through naturalization by way of marriage or residency, click here to contact our dual citizenship experts who are available to assist you through the process and help you to determine your eligibility.