Ancestral roots in Italy make you eligible for Italian citizenship by descent. But things are not as simple as they sound because the gender of your ancestor can get your plans off-track. You may actually miss out on the eligibility for citizenship by descent claim if your ancestor was a woman. The Italian law did not permit women to pass on their citizenship to the next in line before 1948. Simply speaking, a child born to an Italian mother (and a non-Italian father) before the year did not get citizenship by default. But the law was changed later, and the 1948 Rule was implemented to enable such people to claim citizenship by descent. You can visit Bersani Law Firm for more information to know this rule better. However, some myths may make you apprehensive about going ahead with the application. Let us debunk them and make the road easier.
Myth #1- The 1948 court process is challenging
Application through the 1948 Rule goes through the Italian court. It is easy to believe that the process is challenging because the judiciary is involved. But the truth is that you can breeze through it. The paperwork is pretty much the same as the Jure Sanguinis application, as you have to get the same set of documents from your ancestor’s comune. Likewise, you will need the translated and apostilled copies of documents from your country of current residence. Having a seasoned 1948 Rule lawyer can give you a head start with the process as they know the nitty-gritty of the rule.
Myth #2- It takes more time than the consulate process
You are mistaken if you believe that the court process will take longer than the consulate process. The 1948 application may actually close faster because the court does not have a long queue of immigration applications waiting as with a consulate. Typically, you may have to wait several months to get your interview appointment at the consulate for citizenship by descent application. At times, the waiting period may extend up to a year. But do not expect the same at the court because fewer people apply through the court under this rule.
Myth #3- You have to travel to Italy for the hearing
With the Jure Sanguinis process, you can apply at the local consulate near you. It is a clear advantage as you can save a fortune on travel and accommodation expenses by applying from your residence. The same goes for the 1948 court cases, as you need not be present for the hearing. You can provide your lawyer with a power of attorney to represent you at the hearing. They can submit the paperwork and answer the judge’s questions to close the process on your behalf. You have good chances of closing the case in one hearing if your paperwork is complete. Even if the case goes into a second hearing, you need not worry about traveling to Italy.
The 1948 Rule is an easy way to claim Italian citizenship. So no myth or misconception should keep you from going ahead. Just find the right professional to show the way and handle the proceedings, and you can get your second passport without any hassles.