Reclaiming one's ancestral roots is one of the common reasons for immigration. The good thing is that several countries enable people to claim citizenship by descent, and Italy is one of them. The Italian Jure Sanguinis process has no generational limits, and you can claim citizenship through your parents, grandparents, and generations before.
But things can get tricky if your ascendant was a female because you may fall into an exception. In fact, you may not be eligible for the Jure Sanguinis route. But you need not worry about being deprived of the right as the 1948 Rule comes to your rescue. If you wish to know more about this rule, you can read more on Bersani Law Firm website for details. Let us explain how a maternal bloodline is good enough to claim Italian citizenship.
The maternal line is an exception to Jure Sanguinis
Although Italy has liberal immigration laws with several citizenships and visa options, it is inherently gender-biased for the descent route. People with female ancestors do not qualify if the woman gave birth before 1948. Females were not allowed to pass their citizenship rights to their children before this year. The daunting part is that one or more siblings from the same mother may miss out on the eligibility only because they were born a few years apart. The discrimination is evident, so the Italian government took measures to correct it.
Addressing the discrimination with the 1948 Rule
The 1948 Rule was implemented in Italy to bring gender equality into the immigration process. It allows every person with a maternal lineage to apply for Italian citizenship, regardless of the year when the ascendant gave birth. According to the rule, such applicants can claim the right through a court process rather than a consulate application. So the gender of your ancestor hardly matters, and you can still get a second passport without worrying about a maternal bloodline.
The 1948 Court Process
Although the 1948 Rule emerges as a savior for applicants with female ascendants, it is easy to feel apprehensive about a court process. You may worry about the timelines and cost of court hearings. But the truth is that it often turns out to be easier and faster as you can bypass the long immigration queues and waiting times at consulates. The documentation requirements for both processes are almost the same, so there isn't any extra homework to get started. The only difference is that you have to hire a local 1948 specialist attorney to represent you in court. They may even do it in your absence, provided you give them a Power Of Attorney. You can get a quick hearing date and close the process sooner than you imagine.
The gender of your ancestor hardly matters when it comes to claiming Italian citizenship by descent. But you must pick the apt route according to the date when your female ascendant gave birth. Choosing the right one can help you close the process sooner rather than later and start life afresh in the country of your ancestors.
About the author
Anne Trimble is a content writer at Outreach Monks. She is passionate about helping people understand the crucial and latest developments related to the law and business sector. Trimble believes in sharing her unique voice clubbed with the facts through her thorough and detailed articles. In her spare time, Anne loves to cook delicious food for her kids.
