The basic principle of obtaining Italian citizenship is the ius sanguinis. That is, citizenship can be granted to an individual according to their ancestry. The one who is the son of an Italian father or an Italian mother is Italian.
Law no. 91 of December 05, 1992 regulates the granting of Italian citizenship by highlighting it as an act of individual will, whether for acquisition or for loss.
What are the types of Italian nationality?
Automatic acquisition by descent (child):
It has as a primary requirement that the birth of the minor child has been registered at an Italian consulate.
Acquisition based on progeny:
Among the main documents are the birth and marriage certificate, if applicable, of the Italian ancestor.
Acquisition by application based on marriage to an Italian citizen:
It is a voluntary naturalization.
One of the main requirements is the wedding time counted from the date of registration in the Notary’s Office. The acquisition will be granted after 3 (three) years.
Documentation and procedure:
Regardless of the basis of the application for Italian nationality, either via ius sanguinis or on the basis of marriage with an Italian citizen, the applicant must be prepared to submit a document binding him/her to an Italian citizen. An example is the automatic acquisition by descent (child), where it is required that the birth of the child has been registered, compulsorily, in a consular office of Italy abroad. In this case, the birth certificate must be presented in the records of the process of requesting nationality.
Documentation for acquisition of Italian nationality based on descent:
In order to obtain Italian nationality, on the basis of the ius sanguinis criterion, the applicant must submit the following documents:
- Original birth certificate of the ancestor who transmitted the citizenship. In this certificate is obligatory to include the name of parents. If at the time the citizen was born, the Civil Status Registry did not yet exist, the baptismal certificate must be presented.
- Negative certificate of naturalization of the ancestor issued by the Ministry of Justice of Brazil (this document must be with an apostille and translated by public translator sworn into Italian);
- Marriage and death certificate in the full text version, with an apostille, duly translated into the Italian language (translation must be done by public sworn translator). The apostille should also be translated in the same way.
- Complete documentation of all ascendants, from the ancestor, to the applicant: birth certificates, marriage, divorce (if applicable) and death, originals and in the full text version (when it is a Brazilian document), with an apostille and translated by sworn public translator for the Italian language.
- Registration form, valid at the time of application (this document must be completed by the applicant Italian nationality).
- Simple copy of the data page of the applicant’s passport or Id. Card (the originals must be presented on the day of delivery of the documents);
- Evidence of current address of the applicant: certificate issued by the electoral court informing the voters’ domicile; Copy of the first page of the Income Tax; among others.
- Certificates certifying the marital status of the applicant (birth, marriage, divorce), original, in full text version, with an apostille and translated into Italian by sworn public translator;
- Family tree.
- Applicable fee.
The above documentation is of an instructional nature, and it is essential that the applicant verify, prior to the initiation of the process, that there is a substantial change in the documentation required by the authorities.
It is important to comply with the deadline for processing requests. Due to high demand, it will be necessary to make an electronic appointment through the Italian consulate website, corresponding to your place of residence, for submission of the process.
J&D has a team expert in the process of acquisition of Italian nationality.
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