How Ancestors’ Naturalization Affects Your Italian Citizenship

Are you applying for Italian citizenship through your ancestors? Their naturalization status can impact your eligibility. Recent Italian Supreme Court decisions have added complications for some applicants. Find out if these changes affect you and learn your best options to get Italian citizenship.

Key Court Decisions

On June 15, 2023, and January 8, 2024, the Italian Supreme Court decided that if an Italian ancestor became a naturalized citizen of another country while their child was under 21, the child lost their right to Italian citizenship. This has raised concerns for many people applying for citizenship by descent.

Example Scenario

Imagine this situation:

• Your great-grandfather left Italy and moved to the USA.
• He had a child in the USA who automatically became a US citizen by birth.
• This child was also an Italian citizen because of their Italian parent (Article 7 of the Citizenship Law no. 555/1912).
• Four years later, your great-grandfather became a US citizen.
• According to Article 12, paragraph 2 of Law 555/1912, the family lost their Italian citizenship when your great-grandfather became a US citizen.

Traditional vs. New Interpretation

Traditionally, US-born children kept both US and Italian citizenship, passing it on to their descendants. However, the recent Supreme Court rulings suggest that all minor children lost their Italian citizenship if their parent naturalized, no matter where they were born.

Discussion Points

• Traditional View: US-born children kept both citizenships and could pass Italian citizenship to their descendants.
• New Ruling: All minor children lost Italian citizenship when their parent became a naturalized citizen, to ensure all siblings were treated the same.

The Legal Landscape

These Supreme Court decisions aren’t binding on lower courts, so local rulings might still favor applicants. Different judges can interpret the law differently, and legal precedents aren’t mandatory in Italy. However, the Supreme Court’s new trend could influence lower court decisions, especially given the recent rise in citizenship claims.

Practical Advice

If you can claim citizenship through an ancestor who never naturalized or did so when their child was already an adult, your chances are better. Consider these points:

• Minor Age Consideration: Before 1975, a minor was anyone under 21; after 1975, under 18.
• Check Key Dates: Confirm the child’s age when the ancestor naturalized. If the child was 21 or older (or 18 or older after 1975), you are likely eligible for Italian citizenship.

Bottom Line

For ancestors who became citizens of the US or another country before 1992:

• Check the child’s age at the time of the ancestor’s naturalization.
• Make sure the naturalization date is the actual date of citizenship, not just the application date.
• If the child was under 21 (or under 18 after 1975) at the time, you might have eligibility issues.
• If the child was 21 or older (or 18 or older after 1975), you should be eligible for Italian citizenship.

By understanding these details, you can better navigate your claim for Italian citizenship.

Your Roadmap to Italian Citizenship

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