The 1948 Rule for Italian Dual Citizenship: What You Need to Know
The façade of a courthouse in Rome, Italy, featuring Italian and EU flags.
Italian law grants citizenship to descendants of Italians, but there’s a catch for those whose lineage involves Italian women born before 1948. Prior to this year, Italian women couldn’t pass on citizenship to their children, a rule that unfairly excluded many from claiming Italian citizenship by descent. The 1948 case ruling in 2009 changed this, allowing descendants of Italian women to petition for citizenship through the courts.
How Does the 1948 Rule Work?
If your maternal line involves an Italian woman born before 1948, you can’t apply for dual citizenship through regular administrative channels. Instead, a court case must be filed in Italy. The process involves gathering documents proving your Italian ancestry, hiring a lawyer, and petitioning in an Italian court. Although this can take time, the success rate for such petitions is high, making it a viable pathway for those who wish to reconnect with their Italian roots.
Example Scenario:
Let’s take the example of Gianna, an Italian woman who moved to the United States in the 1930s. She had a daughter, Anna, in 1942. According to the pre-1948 rule, Anna couldn’t inherit Gianna’s Italian citizenship, as women weren’t able to pass citizenship to their children at that time. However, after the 2009 legal ruling, Anna’s descendants, such as her children and grandchildren, can now pursue Italian dual citizenship by filing a 1948 case in the Italian court system.
A classic 1948 Fiat 500, an iconic symbol of Italy’s automotive history, parked outside an Italian trattoria.
Steps to Apply for Italian Citizenship Under the 1948 Rule
Collect Documentation: You’ll need to gather vital records such as birth, marriage, and death certificates that establish your family’s Italian lineage.
Hire a Lawyer in Italy: Since the process requires filing a case in an Italian court, hiring an experienced lawyer is crucial.
File a Petition in Court: The lawyer will submit the petition on your behalf, and after a court hearing, the judge will determine if you’re eligible for Italian citizenship.
Wait for a Decision: The process can take anywhere from 6 months to 2 years, depending on the court’s schedule and the complexity of your case.
Key Considerations
Legal Representation: Given that the process requires a court petition, working with a lawyer familiar with Italian inheritance and citizenship law is essential.
Processing Time: Expect a longer timeline compared to standard applications, but the reward—a second passport and all the benefits of dual citizenship—makes it worthwhile.
Eligible Descendants: The 1948 rule applies to those whose Italian ancestors were women born before 1948. It affects only maternal lines, as men were always able to pass on citizenship.
Benefits of Italian Dual Citizenship
Claiming Italian citizenship offers more than just a passport; it provides access to the European Union, allowing you to live, work, and travel freely across all EU member states. Additionally, dual citizens can enjoy Italy’s rich culture, excellent healthcare system, and educational opportunities.
The European Union flag, symbolizing unity, peace, and cooperation across European nations.