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Italian Grandfather and American Father. Am I an Italian Citizen?
Understanding Naturalisation Rules in Italian Citizenship
In Italian citizenship by descent, one common scenario is as follows:
I’m a US citizen. My grandfather was Italian. He migrated from Italy to the United States in 1928 and later became a naturalised American citizen before my father’s birth. Am I eligible for Italian citizenship by descent (jure sanguinis)?
Italian citizenship is primarily passed down through family lineage (jure sanguinis). This means that even if you do not live in Italy or speak Italian, if one of your ancestors was Italian, you may be eligible for Italian citizenship
However, some specific rules and conditions must be met.
Table of Contents
The Impact of Naturalisation
The naturalisation of your Italian ancestor, which means they voluntarily became a citizen of another country, can impact your eligibility for Italian citizenship. This is because their naturalisation could have interrupted the Italian lineage, during periods when Italian law only allowed one citizenship at a time.
So, while Italian citizens can now have dual citizenship, this was not possible in the past. Consequently, one of the primary requirements to determine your eligibility for Italian citizenship is the naturalisation date of your Italian ancestor. Their certificate of naturalisation serves as proof. Specifically, you must demonstrate your connection to an Italian ancestor who did not lose their ability to pass on their Italian citizenship, such as through naturalisation.
We will examine some relevant dates below.
After the 1st of July 1912
In the case mentioned above, as dual citizenship was not permitted at that time, when your grandfather naturalised as a US citizen, he lost his Italian citizenship.
Any descendant of your grandfather who was born after his naturalisation, would not have been an Italian citizen. So, as your father was born after your grandfather's naturalisation, there was no Italian citizenship to transmit.
This effectively interrupted your Italian bloodline, unfortunately making you ineligible for Italian citizenship by descent.
The rule that was in effect at that time was the following:
Article 8, Paragraph 1, Law 555/1912:
Loses their (Italian) citizenship:
1. Anyone who voluntarily acquires foreign citizenship and establishes or has established their residence abroad.
Based on this article, when your Italian ancestor naturalised, they automatically lost their Italian citizenship, regardless of whether they formally renounced it.
Before the 1st of July 1912
If your Italian ancestor's naturalisation took place before the 1st of July 1912, even if their child was born before they naturalised, you are not eligible for Italian citizenship.
This is because the rules for losing Italian citizenship were different prior to that date. They were outlined in Article 11 of the 1865 Civil Code, which specified the three ways to lose Italian citizenship.
Article 11, Paragraph 1-4, 1865 Civil Code:
Loses their (Italian) citizenship:
1. Anyone who renounces it by making a declaration before the civil registrar of their domicile, and transfers their residence to a foreign country;
2. Anyone who has obtained the citizenship of a foreign country;
3. Anyone who, without government permission, has accepted employment from a foreign government, or has entered the military service of a foreign power.
The wife and minor children of one who lost citizenship become foreigners, unless they have continued to reside in the kingdom.
As you can read in the article above, the wife and minor children of someone who lost Italian citizenship also lost their own. In other words, if your Italian ancestor's naturalisation occurred before the 1st of July 1912, his children lost their Italian citizenship too, even if they were born before his naturalisation. If this is your case, your lineage is broken, and therefore you are not eligible.
It is clear why the naturalisation date is important. However, please note this is just one of the factors you must consider. Other elements can also affect your eligibility.
I Am Not Eligible Through My Italian Grandfather. Do I Have Alternatives?
If you are unable to establish eligibility through your Italian grandfather, are there other options? The answer depends on your specific circumstances.
Italian Grandmother
Consider exploring other Italian ancestors, such as your grandmother. The key is to locate vital records that confirm your descent from her. However, in this case, it is important to note that your grandmother's children must have been born after the 1st of January 1948, the date the Italian Constitution came into force. Before 1948, women could not transmit Italian citizenship.
This is discriminatory, so if this is your case, you may wish to consult with an Italian lawyer for advice on a potential court appeal.
Italian Residency
Another option is to relocate to Italy and establish residency. While you cannot obtain a special resident permit based on your Italian ancestry, you may qualify for other reasons such as study, work, or elective residency.
US citizens must reside in Italy for ten years before applying for Italian citizenship by residency. However, thanks to your Italian ancestry, you may be eligible for a significant reduction in terms of years of residency, and apply after only three years.
Italian Spouse
If your spouse is an Italian citizen, you may be able to apply for Italian citizenship through marriage.
Determining your eligibility for Italian citizenship by descent can be a complex process, often requiring a thorough investigation of your family history and legal documents.
While having an Italian ancestor is a promising start, several key factors must be carefully considered. These factors include, but are not limited to, the naturalisation date of your Italian ancestor and any other potential gaps in the transmission of citizenship.
By researching and understanding the rules and requirements outlined in Italian law, you can improve your chances of successfully obtaining Italian citizenship and formally connecting with your Italian heritage.
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Disclaimer: This content is for informational and educational purposes only. It is not exhaustive, does not constitute legal advice, and does not establish or replace a lawyer-client relationship. The individuals named in examples are not real people but fictional characters used to help explain Italian law in a more practical way. We do not assume any responsibility for any direct, indirect, incidental, or consequential damages arising from the use or misuse of any content on this newsletter/website or the content of pages linked to or from it. If you need legal assistance for your specific case, you must hire a legal professional.