Ancestral roots in Italy make you eligible for Italian citizenship by descent. But things are not as simple as they sound because the gender of your ancestor can derail your plans. You may actually lose eligibility for citizenship by descent if your ancestor was female. Italian law did not allow women to transfer their citizenship to the next in line before 1948. Simply, a child born to an Italian mother (and a non-Italian father) before the year did not automatically acquire citizenship. But the law was later changed, and the 1948 Rule was implemented to enable such persons to claim citizenship by descent. You can visit Bersani Law Firm for more information to know this rule better. However, some myths can make you afraid to continue with the application. Let us deny them and make the way easier.
Myth #1- The 1948 court process is challenging
An application through the Rule of 1948 goes through the Italian court. It is easy to believe that the process is challenging because the judiciary is involved. But the truth is that you can breeze through it. The paperwork is pretty much the same as the Jure Sanguinis application, since you have to get the same set of documents from your ancestor’s commune. Likewise, you will need translated and apostilled copies of documents from your current country of residence. Having a seasoned 1948 Rule attorney can give you a head start with the process as they know what the rule is.
Myth #2 – It takes more time than the consulate process
You are wrong if you believe that the court process takes longer than the consulate process. The 1948 action may actually close more quickly because the court does not have a long queue of immigration applications waiting such as a consulate. Typically, you may have to wait several months to get your interview appointment at the consulate for citizenship by descent application. Sometimes, the waiting period can extend up to a year. But don’t expect the same in court because fewer people apply through the court under this rule.
Myth #3- You have to travel to Italy for the hearing
With the Jure Sanguinis process, you can apply at the local consulate near you. It is a clear advantage as you can save a fortune on travel and accommodation costs by applying from your residence. The same applies to the 1948 court cases, as you do not need to be present at the hearing. You can provide your lawyer with a power of attorney to represent you at the hearing. They can submit the paperwork and answer the judge’s questions to close the trial on your behalf. You have a good chance of closing the case in one sitting if your paperwork is complete. Even if the case goes into the second hearing, you don’t have to worry about traveling to Italy.
The 1948 Rule is an easy way to claim Italian citizenship. So no myth or misconception should stop you from continuing. Find the right professional to show the way and manage the proceedings, and you can get your second passport without hassle.