The recognition of Italian citizenship is possible through the principle “Iure Sanguinis” (blood right) and no knowledge of the Italian language nor of Italian history and legislation is required. There is no limit of generations for the recognition of Italian citizenship.
Via paternal line
It is when all the direct ascenders of the Italian side of the applicant are male, for example, the great-grandfather, grandfather, father, etc. If this is your case, you have the right.
Via maternal line
In cases where there is a woman on the transmission line, either at the beginning or middle of this line of descent, this woman can only pass the citizenship to the children born after 01/01/1948.
However, if the birth is earlier than that date, it is possible to make a judicial referral to try to find a solution. This is allowed because of the Sentence n. 4466, dated 25/02/2009, which recognizes the right of transfer of citizenship to Italian women and their children born before the promulgation of the Constitution of the Italian Republic on 01.01.1948.
In this situation, our office has mediation with specialized Italian lawyers.
Trivia: the Italian woman in the past had no right to recognition of citizenship according to the Constitution of the Kingdom of Italy. Such constitutional charter lasted until the end of World War II. With the end of the warlike events, the 1st Constitution of the Italian Republic 1947 was voted, which gave women the right to recognize citizenship to their descendants. As this Charter came into force on January 1, 1948, clearly only children born after that date may acquire the citizenship of the Italian mother.
In 1975, a law was issued that allowed women who had been deprived of their Italian nationality by marriage to a foreign citizen before January 1, 1948, to regain their citizenship. Although the law of 1975 made it possible to recover nationality for the Italian women who had lost it, it did not address the problem of the children of these Italians born before 01/01/1948. After a judgment of the Constitutional Court (Supreme Court) and the opinion of the Council of State, a new law no. 123 of 1983 was passed that corrected this constitutional illegitimacy. From its entry into force, it was finally possible for women married to foreigners to transmit Italian nationality to their children.
However, the principle of equality could not backdate to dates prior to the 1948 Constitution, therefore, individuals born before 01/01/1948 from an Italian mother and a foreign father remain without the right to nationality.
For children born before 1948 the lawsuit is the only legitimate way to claim this right.
Through marriage
Women married to Italians until 04/27/1983 are entitled to automatic recognition of citizenship when the citizenship of the husband is recognized. Those who have married after that date and wish to apply for the right in Brazil must wait until they complete three years of marriage or one year and six months if the couple has a child to claim Italian naturalization (noting that Italian naturalization does not imply renunciation of Brazilian citizenship).
The case of the man married to an Italian woman is identical, that is, Italian naturalization will have to be applied after the same time has passed.
Homosexual couples
Both cases above are listed and anticipated by the official information of the Italian embassy in Brazil. However, in May 2016, homosexual marriage was allowed in Italy, which would also give the right to couples whofit into this case to obtain Italian citizenship.
Contato pelo Whatsapp