Recognition of Citizenship Jure Sanguinis (D.L. 36/2025)
The new regulatory framework requires rigorous documentary robustness. Emigrantix provides specialized support for file preparation, ensuring that every document complies with legal requirements.
1. Requirements and Procedures
- Ancestor (Dante Causa): Born in Italy, must have transmitted citizenship without interruptions (naturalizations) before the descendant's birth.
- Residency and Circular n. 52/2007: Under Circular n. 52 of 09/28/2007, a foreign descendant may establish residency in Italy without a residence permit only if the Schengen stamp is still valid (within 90 days of entry into the European Union). It is mandatory to file a declaration of presence with the local police station within 8 days of entry (Law of May 28, 2007, n. 68).
- Residence Permit: Following the official filing of the citizenship application (therefore NOT BEFORE) at the Municipality, and given the need to be immediately reachable by the Civil Registrar of the Municipality of residence for the granting of Italian citizenship, it is possible to apply to the State Police Immigration Office, with a copy of the receipt stamped by the Municipality, for a residence permit "pending citizenship". This permit is valid for 1 year and does not allow for any official employment activity, assuming the applicant has their own financial capacity to support themselves in the country during the processing phases.
2. Timelines
- Municipal Procedure: The application must legally be processed within 180 days from the official filing date.
- Consular Procedure: Timelines can vary significantly based on the workload of the consular office, taking up to 2 years from the date of submission.
3. Required Documentation
The file must include:
- Birth extracts or full copies for the ancestor and the entire line of descent.
- Certificate of non-naturalization of the ancestor.
- Legalizations (Apostille): Required for all foreign documents according to the Hague Convention.
- Sworn Translations: Must be legalized (sworn) before any Italian court by authorized translators (not by the applicants themselves) or before Consular Authorities (subject to translation conformity check); for acts translated abroad but to be presented to municipal offices in Italy, the translations MUST bear the conformity stamp from the Italian Diplomatic/Consular Authority in the country where the translations were performed.