Jus sanguinis citizenship explained: steps to obtain your heritage-based citizenship

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Summary

Different countries have different rules when it comes to citizenship. Whether you were born within its borders or have relatives who originally came from there, you may claim your right as a citizen if you meet specific requirements. These rules are often rooted in key legal principles, such as jus sanguinis (right of blood) and jus soli (right of soil).

What is Jus Sanguinis?

Jus Sanguinis, meaning “right of blood” in Latin, is a principle where a child inherits their parents’ nationality or citizenship, no matter where they are born. This legal concept was recognized as early as Italy’s Civil Code of 1865, establishing the idea that citizenship passes through bloodlines.

Italy continues to embrace this principle, or diritto di sangue, as a way for descendants of Italian ancestors to reconnect with their heritage and obtain Italian citizenship.

Jus Soli

Jus sanguinis contrasts with jus soli, Latin for “right of soil,” which determines citizenship based on a person’s birthplace, is a legal concept that stands that a person will inherit the citizenship or nationality of the place where they are born, regardless of their parents citizenship or nationality.

Some countries, such as the U.S.A use this principle entirely. Some others use a combination of both, applying specific conditions to determine citizenship (for example, if parents are permanent residents or if certain legal requirements are met).

How does naturalization compare?

While jus sanguinis focuses on ancestry, naturalization offers another path to citizenship based on different criteria. This process considers factors such as marriage to a citizen, making a financial investment in the country, or fulfilling a specific residency duration.

Compared to jus sanguinis, naturalization often involves stricter timelines, language proficiency tests, and integration into the culture. Italy also allows citizenship through marriage and long-term residency, but each route has unique requirements.

Italian dual citizenship: right of blood

Italian descendants born outside of Italy are eligible to apply for Italian dual citizenship, which offers benefits such as visa-free travel within the European Union, as well as access to education and employment opportunities. As Italy recognizes jus sanguinis, it allows descendants to inherit citizenship through their bloodline.

However, simply having an Italian ancestor is not enough. Applicants must provide sufficient evidence to the Italian authorities to prove their family lineage and claim this right. What constitutes “sufficient evidence”?

Typically, this includes official legal documents, such as birth, marriage, and death certificates, which establish the connection between the applicant and their Italian ancestor.

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Dual Citizenship

Also known as dual nationality. Is the concept and privilege where a human being is recognized as a citizen in two different countries, holding all civil rights and legal responsibilities for both nations.

Jus sanguinis citizenship requirements

To qualify for Italian citizenship through jus sanguinis, you must meet specific criteria:

  • Proof of lineage: Demonstrate an unbroken line of descent from your Italian ancestor.
     
  • No naturalization interruption: The Italian ancestor must not have renounced their Italian citizenship before the birth of the next generation in the lineage.
     
  • Valid documentation: Provide all required legal documents to support the application (see details below).

How to apply for Italian citizenship by descent

Applying for Italian citizenship through jus sanguinis involves several steps. Applicants may choose to file their application through their local Italian consulate, via the Italian courts, or directly at a comune in Italy. The process requires thorough preparation, detailed documentation, and attention to legal nuances to ensure success.

Here is a concise summary of the requirements:

LineageNaturalizedPre-1948Post-1948Possible Route
Great-grandfatherYesEligible if naturalized after the birth of the next descendantEligible if naturalized after the birth of the next descendantJure sanguinis via consulate or judicial route
Great-grandmotherYesNot eligible under the 1948 Rule (requires court case)Eligible if naturalized after the birth of the next descendantJudicial route for pre-1948; consulate for post-1948

For more information on the 1948 rule, click here.

Documents needed for jus sanguinis citizenship

To prove your eligibility for Italian citizenship, you will need the following documents:

  • Birth certificates for the applicant and all ancestors in the lineage.
     
  • Marriage certificates (if applicable).
     
  • Death certificates for ancestors (if applicable).
     
  • Naturalization records or proof of non-naturalization of the Italian ancestor.
     
  • Apostilles to certify documents, as required by Italian authorities.
     
  • Official translations of all documents into Italian.

Step-by-Step Process for Italian Citizenship by descent

Here’s a simplified overview of the process:

  • Research and trace lineage: Build your family tree and identify your Italian ancestor.
     
  • Gather documents: Obtain all required birth, marriage, and death certificates.
     
  • Authenticate documents: Authenticate with an apostille and translate the documents into Italian.
     
  • Choose your application route: Decide whether to apply via consulate, court, or in Italy.
     
  • Submit application: File the application and provide supporting documentation.
     
  • Await decision: Stay informed about the application’s progress.
     

For further details, refer to our comprehensive guide on io.citizen’s website.

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Common challenges & solutions

The citizenship process can present hurdles, including:

  • Name discrepancies: Variations in names across documents can lead to rejections.
    • Solution: Correct discrepancies through affidavits or legal processes.
       
  • Missing Records: Historical records may be lost due to migration or poor documentation practices.
    • Solution: Seek professional genealogical services or consult archives for substitutes.
       
  • Bureaucratic Delays: Lengthy consular wait times can stall applications.
    • Solution: Consider the judicial route for faster resolution.

Jus sanguinis vs. Other routes

Here’s a comparison of jus sanguinis with alternative paths to Italian citizenship:

  • Naturalization: Requires residency in Italy for 10 years (or less in certain cases), proof of financial stability, and language proficiency (B1 level).
     
  • Marriage: Spouses of Italian citizens can apply after 3 years of marriage, or 2 years if living in Italy. These periods are halved if the couple has children. Applicants must pass a B1 language test.

Jus sanguinis, on the other hand, focuses entirely on ancestry and does not require residency or language proficiency. By understanding and following these guidelines, you can successfully pursue your Italian citizenship and reconnect with your Italian roots.

FAQ: Frequently Asked Questions

Can I apply if my ancestor naturalized after my parent’s birth?

Yes, if your Italian ancestor naturalized as a citizen of another country after the birth of the next descendant in the lineage, you are still eligible to apply.

What if my ancestor was born in a region that’s no longer part of Italy? 

You can still qualify if the region was under Italian jurisdiction at the time of your ancestor’s birth.

Do I need to speak Italian to apply?

No, language proficiency is not a requirement for jus sanguinis applicants. However, it may be beneficial for navigating the application process and connecting with your heritage.

Begin your journey to Italian citizenship

Take advantage of specialized assistance to secure your passport for a borderless future.