It is enough to spot a woman in a family tree to raise a flag and spark disappointment. But is that enough to ruin your chances to Italian citizenship? Is Italian law really so backward to discriminate women from men? NO!
Don’t let them intimidate you and proudly get your Italian citizenship through granny!
Most Italian Consulates published blunt statements on their websites, like:
“A person born before 01/01/1948 can claim Italian citizenship only from his/her father”
But that is simply not true. Unfortunately, such inaccurate statements on Italian citizenship in the female line are spread also by official sources and get repeated by misinformed people worldwide. It appears designed to discourage applicants from even considering Italian citizenship by lineage.
If you want to avoid wasting your time, refuse all inaccurate information. Demand the real information according to the law.
So how does it work in the law?
The short version is the following:
If you have one or more women in your direct line of Italian descent, you HAVE a right to citizenship. The application process changes according to the date in which the child of the concerned woman was born.
If the woman gave birth to her descendant after January 1st, 1948, you can get Italian citizenship by applying for it to the closest Italian authority.
Conversely, if the woman gave birth before that date, you can obtain Italian citizenship by applying for it to the Tribunal in Italy.
Why is that?
The Italian law used to provide that a person is an Italian citizen only if born to an Italian father, until the Italian Constitution declared the equal treatment principle as of January 1st, 1948.
According to the administrative authorities, the equal treatment clause applies only for the future, that is up from January 1st, 1948. So, for example:
If your Italian grandmother gave birth to your father in 1947, you have a “1948 case”. The Italian Consulate refuses to process your application.
Luckily, the Italian Supreme Court thinks otherwise: they established in 2009 that it is forbidden to discriminate between women and men even in citizenship matters (judgment no. 4466/2009). All descendants born anytime from an Italian parent, father or mother are Italian citizens by birthright.
Sadly, that appears not enough to convince the Ministry of Foreign Affairs and all the Italian Consulates with it. They still refuse to process “1948 cases”. As a result, you can obtain the application of the non-discrimination principle only through an application to the Tribunal in Italy.
How can you be sure that you have a 1948 case?
Make the final check in this way:
STEP #1: Consider your line of descent from the Italian ancestor. Focus only on the direct line (let aside the spouses or partners at each passage of generation). Is there a woman along the line?
STEP #2:Â If there is a woman, did she give birth to her descendant before January 1st, 1948? Remember: the woman’s date of birth is of no relevance. Only her child’s birthdate is.
STEP #3:Â If the answer is YES, you can obtain Italian citizenship by lineage (jure sanguinis).
Your application process nowadays has to start in Court. The Italian Cnsulates still don’t take these applications.
Important: There might be a change in the near future. The Italian Parliament is discussing a new law draft that finally puts on a par all applications – both those by descendants in the paternal and in the maternal line. So all applications should be accepted at Italian Consulates, irrespective of how you derive Italian citizenship in your family.Â
STEP #4:Â If the answer is NO, you can obtain Italian citizenship by submitting your application
Repeat steps #2-3-4 for each woman you find along the direct line of descent. You may find a woman at the very start of your Italian family tree (i.e. your ancestor born in Italy was a woman) or later in the line of descent.
The result is…
Absolutely the same. Each of the two types of application brings the same citizenship by birthright. That means it operates retroactively to your date of birth, no matter
if you obtained it through an Italian Court or through an Italian Consulate, or
if you are a descendant in male or female line
To the law, you are an Italian citizen since your birth, just like any Italian who was born in Italy to Italian parents.
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Hello, I hope you can help me identify if it is worth my pursuing Italian citizenship.
My Grandma was born in Itali in 1932. Her parents were both Italian. She moved and resided in the Uk at the age of 16 and gave birth to my father in 1952. She continued to reside in the Uk until her passing last October 2022.
She had 5 sisters who resided in Italy. I would be very grateful for any direction. Many thanks
If your grandmother did not forfeit her Italian citizenship before 1952, you may be an Italian citizen. You may check whether she was registered as an Italian citizen at the Italin municipality in which she was born. If you need help, please contact us.
Hi my great great grandfather was born in 1879 in carini. His daughter was born in 1913 in New York. (My grandmother) her daughter was born in 1933 in New York. My mother was born in 1953. I was born in 1977. Would I be able to get dual citizenship. Would I have to go to the consulate or have a lawyer in Palermo do it?
You may be eligible, based on this information. But you should also ascertain whether your great-grandfather naturalized a UK citizen before 1913. The application must be lodged in Court by an expert lawyer based anywhere in Italy. We can help you with that. You are welcome to ask for a free quote by requesting advice.
Hi there
My great grandfather was born in Italy in 1899 and moved to the UK. He married a UK citizen and they had a son in 1925, my grandfather. My grandfather married a UK citizen and they had a daughter, my mother, in 1947. My mother married a UK citizen and they had a daughter, me, in 1969. At present it appears that nobody in this line naturalised in the UK. Am I able to apply to an Italian Consulate for dual nationality?
Since your mother was born before 1948 to an Italian woman, you are eligible for Italian dual citizenship. The application must be lodged in Court. Italian consulates cannot process it. We can help you with that. For a free quote, you are welcome to contact us by filling in the form to request advice.
Hi just to clarify. My mother, who was born in 1947, had an Italian father. Her mother was British. Does that mean I am not eligible?
Thanks for your clarification. Your Italian descent is entirely in the paternal line. In that case – if your great-grandfather did not forfeit Italian citizenship by naturalization before 1925 (the date of your grandfather’s birth) – you should be eligible for Italian citizenship. The application is to be done at the Italian Consulate of your area of residence. You find more information at this page of the Italian Consulate General in London.
Hello,
I have asked and researched this until I can not see straight. I find and have been told conflicting information. I believe I have a 1948 case and would apply through Italy/Palermo Sicily to be more specific, if I understand the law correctly. Can you confirm if its a 1948 and if I would, in fact, apply in Italy, not in my local American/Italian Consulate? (Miami)
Maternal Grandmother born in Sicily approx. 1893 (MGF born in Sicily 1888)
Came to US around 1900; they married in PA, US in 1910
I don’t know about naturalization yet-still looking.
Mom born 1927 in US; I was born in US 1968
My mom and grandparents are all deceased. All died in New York State.
Thank you in advance for your help.
Jody Czerwinski
This is indeed a “pre-1948 case”, i.e. you derive the Italian nationality through your grandmother who passed her citizenship status to her daughter before 1948 (since your mother was born in 1927). As discussed in my article, you need to apply in Court to obtain Italian citizenship. In order to establish your eligibility, it is also necessary to ascertain whether your grandmother lost her Italian nationality before your mother was born. That happened when Italian citizens would forfeit their citizenship by obtaining the nationality of the country of residence. Good that you are looking now in your grandmother’s naturalization file.
Hello! I would appreciate your help… my mother was born in Canada (1920); her mother born in Canada (1903) and married a Sicilian born in Sicily; HER mother was born in Sicily (1883) and father born in Sicily (1869). Might I be eligible for citizenship under the 1948 law? What are the possible blocks to my eligibility (ie naturalization dates for eg), and what documents do I need to gather? Thank you very much!
The answer depends on if/when your Italian-born ancestors willfully obtained the citizenship of Canada, as well as on the information contained in their vital records and in those of all the family in the direct line of descent. If you wish to clear your doubts, you are welcome to contact us.