Have you ever thought of being, besides a Brazilian citizen, also an Italian citizen?
This means that you will have the same rights and duties as a person born in Italy. You will be able to study, live and work in any country that is part of the European Union without the need for a specific visa.
In Brazil, there are millions of descendents of European immigrants, who, in general terms, have the right to a European citizenship. I need to emphasize that each country in Europe has a different law to grant/recognize citizenship for descendants.
The first good news for the descendants of Italians is that there is no limit of generations for the recognition of citizenship!
There are, of course, some rules to follow.
Who has the right to Italian citizenship (Italian citizenship by descent)
The basic rule for entitlement to Italian citizenship is the following:
Every Italian man automatically passes Italian citizenship to all his children – even if they were born in another country.
So it does not matter if the Italian was your great-great-grandfather or your great-grandfather or your grandfather, you’re very likely to have the right to Italian citizenship!
Italian descendants also pass citizenship to their children, even though they themselves have never applied for recognition of Italian citizenship.
Every Italian woman also passes the citizenship to the descendants. As long as her children were born after 01/01/1948.
Recognition via paternal line with residence in italy (comune)
Citizenship for Via Paternal line in the Comune
How to apply directly in Italy:
To have an ancestor born in Italy, gather all the documentation necessary to submit to Italian public agencies and reside in the country.
It will be the city of residence of the descendant (applicant) that will indicate the comune (Italian public office) where the process will be done.
In order to be able to file in the application for residence in the comune, it is necessary a rental agreement or a residence permit. And the minimum duration of this contract is three (3) months.
The applicant must appear before the comune (Ufficio Anagrafe) to submit his application for residence registration (Iscrizione Anagrafica).
After the request, the applicant must wait in his house or apartment, for the visit of a municipal guard, called vigile urbano, who will confirm the residence in the declared place next to the Anagrafe, also making sure that the property has the hygienic-sanitary conditions and physical-structural requirements.
The documents will be delivered to the Ufficio di Stato Civile to prove the right to the application for recognition of Italian citizenship. With everything approved, it will be possible to make your application for residence. Only after you are registered as a resident in the comune will you be able to continue with them with the official application for citizenship recognition. In short: to apply for recognition, you must be a resident of Italy. For this you will need a rental agreement of at least 3 (three) months, but it can not be any property, it must be one in which the owner will sign your residence (the owner of the property must present a statement, where he declares to be aware that the property will be used for the request of anagrafica inscription).
WHAT IS INCLUDED IN OUR BUDGET:
– Assembly of the process: orientation for complete preparation of all documentation of the client in Brazil: original certificates, CNN and authentication, sworn translations and the Hague Apostille;
– Analysis and complete study of all documentation with Genealogical Tree Assembly;
– Finding a property for the residence and lodging of the client(s) in sufficient/necessary time for the process/practice of recognition of Italian citizenship (until obtaining the recognition of Italian citizenship), in the minimum three (3) months, the minimum time necessary for the residence of the applicant for citizenship to be signed;
– Assistance, guidance and oral translation of the lease of the property;
– Writing a letter to present in immigration;
– Reception (nearest airport or train station);
– Complete assistance for the recognition of Italian citizenship;
– Accompaniment to the residence and verification/presentation of the place;
– Accompaniment with interpreter to buy cell phone chip for 3G/4G internet access;
– Follow up of the first supermarket purchase, if necessary;
– 1 (one) caparra (in the value of the intermediation and services provided
is included/paid ONLY 1 (one) caparra, which is usually equal to one month’s rent;
– Guidance and assistance in order to carry out a Declaration of Presence in accordance with Italian law (if you do not have an entry stamp in Italy);
– Registration of Codice Fiscale;
– Residence Anagrafica inscription in the Comune;
– Entry with the application for citizenship recognition next to the Ufficio di Stato Civile in the comune of his residence after the confirmation of residence by the vigile and finalization;
– Guidance and follow-up for the preparation of the Permesso di Soggiorno, if necessary (value of customer cost document);
– Guidance and follow-up for the preparation of the carta d’identitá (value of customer cost document);
– Guidance and follow-up for the preparation of the Italian passport (value of customer cost document);
– Guidance and assistance for AIRE transfer after finalization of the application process;
RECOGNITION VIA PATERNAL JUDICIAL
Citizenship by Via Paternal line in the Civil Court
Waiting lists at Italian consulates in Brazil for applications for recognition of Italian citizenship “Iure Sanguinis” are always very lengthy and time-consuming.
The right holders can have their application for recognition analyzed until after 10 years of their submission to the Italian Consulates in Brazil.
While, by law, Italian consulates are obliged to respond to those who submit the request within two years to the applicant.
Since 2016, the Civil Court of Rome has issued a series of favorable sentences for those who had already applied for recognition to Italian consulates in Brazil.
The decisive elements identified in the sentences issued by the Italian courts in favor of the applicant (1ª Sez Civile Tribunale di Roma) are:
. that the applicant has formalized his application for recognition before the Italian consulate (online booking) proving with receipt, number, protocol and date;
. that the applicant, due to the long waiting list of recognition request, has not his right recognized within the 730 days, from the date of application, as foreseen by Italian law;
. that the waiting list on the site of the Italian consulate in Brazil does not include the request for recognition of the applicant.
That is why the lawyer has to carefully evaluate the case and bring the lawsuit to the descendants migrants abroad (especially countries like Brazil where the number of applications is very high), and a very interesting new judicial branch was opened in the Civil Court of Rome.
With these decisive elements mentioned above, we can say that it will be possible to apply for recognition of Italian citizenship by judicial means in Italy.
Once our specific consulting services are hired for cases via maternal line and therefore hired the services of the Italian lawyer who works in collaboration with our advice, the necessary information will be sent for the signing of both contracts (with advice and advocacy contracted) and the power of attorney to be signed by the applicant, who does not even need to come to Italy – everything is done by proxy!
WHAT IS INCLUDED IN OUR BUDGET:
– Assembly of the process: guidance for complete preparation of all documentation of the client in Brazil: original certificates, CNN and authentication, sworn translations and the Hague Apostille;
– Analysis and complete study of all documentation with assembly of genealogical tree;
– Recruitment of an Italian lawyer to carry out the proceedings [mediation with the services of the contracted lawyer/translation for all services rendered to and with the lawyer]. Expenses with lawyer are responsibility of the client;
– Follow-up and finalization of the process (all procedures and responsibilities in relation to the process/practice of recognition of Italian citizenship that are necessary after the sentence of the judge).
– Lawyer’s full service
For more information, contact us!
– Recognition via maternal line
Italian citizenship via maternal line in italy
(Via Maternal line):
The recognition of Italian citizenship in this case will necessarily be through a judicial process that has great chances of success, due to the existing jurisprudence (history of judicial decisions). No decision was rejected by the Court of Rome.
Contact us!
Who can obtain such recognition (can participate only):
– Descendants who are in the straight line of the same Italian ancestor who can not achieve citizenship by the problem of the 1948 law.
– Children under the age of 17, represented by parents.
— The spouses of the descendants can obtain the citizenship with request made in the consulate.
It is important to know:
** that descendants over 18 years of age must apply for the recognition of Italian citizenship via maternal line with a new legal process in the Court of Rome and can not request it directly from the Italian consulate in Brazil.
Script of the process:
A – Get all the necessary documents and send them to us for review:
· We recommend creating a single zip archive file of all the documents and depositing it in the Dropbox website or sending them by email.
· Documents with errors must necessarily be analyzed by our team before the rectification request.
B – Only after our analysis and confirmation of the documentation shall you provide the translations and apostilling.
C – Indicate the complete data of all the applicants to the citizenship, thus the power of attorney will be sent to you in due time (SIGN IT IN FRONT OF THE OFFICIAL OF THE NOTARY OFFICE).
D – Send to our office all the requested documents as well as the signed power of attorney, all translated by sworn translator and with the Hague Apostille, through DHL.
Contato pelo Whatsapp