1) What does Jure Sanguinis mean?
Sometimes referred to as Jus Sanguinis, it is Latin for "by the right of blood." In this case, it means the right to citizenship through one's bloodline or ancestry.
2) Will Italian citizenship jure sanguinis affect my current citizenship?
According to the principle of jure sanguinis, you have actually been an Italian citizen since birth (if you qualify). Obtaining dual citizenship through ancestry is much different than obtaining it through naturalization, which in many cases can result in the loss of your native citizenship. In Australia, Canada, Ireland, New Zealand, South Africa, the United States and the United Kingdom, being recognized as an Italian citizen jure sanguinis will not affect your current citizenship. If you are a citizen of any other country, we strongly recommend you verify this with the nearest Italian authority.
3) How long does this process take?
Assuming you start the process today, it generally takes four to six weeks for us to obtain your ancestor's birth, marriage or death certificate. The time it takes to procure birth, marriage and death certificates in your state or province varies, but in one case it took the state of California five months to respond to ten certificate requests. Some vital statistics offices do allow you to expedite your requests. You can request your certificates from Italy through Italiamerica. For birth go here; for marriage go here; for death go here; and from your state or province (through the appropriate authority) simultaneously, allowing the waiting periods to overlap. As soon as all the certificates from your state or province have arrived, you may have to wait another few weeks for the apostilles or legalizations, though you can usually save time if you go in person. Italiamerica can translate your certificates into Italian in two weeks or less, though this may also be done while you are waiting for the apostilles or legalizations. You can complete the actual application for citizenship jure sanguinis and get it notarized in a day. The biggest question is how long it will take the Italian embassy or consulate to process your application. Experience has shown that it may take anywhere from two weeks to a year. We recommends planning at least six months to a year in advance from the day you start requesting certificates until the day you get confirmation of your citizenship.
5) Can I acquire citizenship with other members of my family at the same time?
Yes. All living ancestors your Italian parent, your Italian grandparents in the direct line between you and your ancestor from Italy are going to be recognized as Italian citizens anyway. (This is not optional!) Applying with siblings and/or first cousins requires very little additional work and is a great way to divide up costs. Another benefit of applying with other members of your family is that you need only ONE set of certificates for your entire family's application.
For instance, if I apply for Italian citizenship jure sanguinis with my two sisters and my mother, the certificates I must present with my application are the same as those I would have had to present if I were applying on my own, with the exception of my sisters' birth certificates.
6) I'm in a hurry to get over to Italy/Europe. Can I do anything to expedite this process?
Request the Birth - Marriage - Death certificates from Italy and the certificates from your own country IMMEDIATELY! Don't delay at any point in this process. Be prepared for the appointment with the nearest Italian embassy or consulate to submit your application, and be sure you have all your certificates, apostilles and translations into Italian in order. Tell the representative of the Italian authority that you are anxious to move abroad and ask (politely!) if there is any way to expedite the process.
7) If I work in Italy do I have to pay taxes in both my native country and Italy?
The United States is one of the few countries in the world that taxes its citizens no matter where they live. However, you can qualify for a tax exclusion for all income earned in Italy or elsewhere in the European Union up to $70,000 USD per year. This is called the $70,000 exclusion, and in order to qualify for it you must establish a tax home outside of the US and pass either the physical-presence test or the foreign-residence test. The physical-presence test is the more objective and straightforward of the two. To pass, you must be outside the US for at least 330 days over a consecutive twelve month period. The foreign-residence test is more subjective and probably easier for most Americans to pass. You must convince the IRS that you have been a bona fide resident of Italy or other EU country for an entire taxable year and that you plan to live there indefinitely. The IRS considers a number of factors to determine whether or not you pass this test. Being an Italian citizen and living in Europe will certainly work in your favor. Remember that you need to pass only one of these two tests to qualify for the $70,000 exclusion. You must file IRS forms 1040 and 2555 or 2555-EZ to claim your exclusion!
If you are an American who doesn't qualify for the $70,000 exclusion? or who earns more than $70,000 USD per year, don’t worry! Italy and the United States have tax treaties to protect their citizens from dual taxation. The general rule is that you don’t pay US tax on foreign-earned income if the foreign tax rate is higher than the US rate. If the foreign rate is lower, you will have to pay US taxes on the difference between these rates. In any case, be sure to file your tax returns every year even if all your income is earned outside of the US!
If you are not a US citizen, it is likely you won't be taxed for any income earned abroad. Check with the nearest Italian authority or a tax attorney for more information.
8) Can I vote in Italy without losing my native citizenship?
Yes. Voting is one of your rights as an Italian citizen.
9) How will I know when I've obtained Italian citizenship?
You will be contacted by the Italian authority through which you submitted your application for citizenship. Though this may vary from country to country, you will probably receive a package at your home address including a cover letter stating that you have been recognized as an Italian citizen, an application for an Italian passport and an application for A.I.R.E. If you are a male under the age of forty-five, you will also be sent a document relieving you of your military obligations to Italy. (Read on if you are a male under the age of twenty-seven!)
10) What is A.I.R.E.?
In every city in Italy, there is a general registry office or anagrafe that keeps track of the changes in citizenship status, address, marriage, birth and death of Italian citizens. Italians living abroad are registered in a special anagrafe called A.I.R.E. By law, all Italian citizens, whether living in Italy or abroad, must notify their anagrafe concerning any change in their status. Italians abroad do so through the consular office in whose jurisdiction they reside.
11) Will I have military obligations to Italy?
On May 8, 2001, the Italian government passed a law (Art. 7 del D. Lgs. 8 maggio 2001 n. 215) making military service completely voluntary as of January 1, 2007. Females do not have any military obligations, nor does any male born on or after January 1, 1986. If you have already served in the US military or you are forty-five years or older, you do not have to serve in the Italian military. If you are twenty-seven or older and younger than forty-five, you can avoid military service by filling out some paperwork. If you are a male born between 1976 and December 31, 1985 and you want to live in Italy, in theory you are obliged to complete your military service unless you are enrolled in a university. Work exemptions also exist for those who meet certain qualifications (e.g. independent business-owners or members of a family business). We feel that, in reality, LEVA (the bureau regulating mandatory military service) is slowly winding down and is no longer tracking newly-recognized male Italian citizens for military service. Nonetheless, if you were born between 1976 and December 31, 1985 and you want to live in Italy, We strongly recommend you contact the LEVA office of the area in Italy in which you are planning to live for more information.
12) How soon can I move to Italy after I receive confirmation of citizenship from the Italian consulate in my area?
Even if you're in a rush to move to Europe, we strongly recommend you wait until you get an Italian passport before you go, especially if you're planning a move to a country other than Italy.
13) How long will it take to get a passport once I obtain Italian citizenship?
It depends how quickly your embassy or consulate processes passport requests. From the moment you submit your passport application, it could take anywhere from one to six weeks. Check with the nearest Italian authority for more information.
14) If I have two passports, which should I use when I travel?
If you plan on traveling to Italy or to any other EU country, bring both your native passport and your Italian passport with you. Show your native passport when leaving your country. On the plane, put away your native passport and take out your Italian passport, which you should then use when entering Italy or any other EU country. It’s probably in your best interest NOT to mention to customs that you are carrying two passports. It is not illegal for you to do so, but a lower-level official may not know this, which could result in delays while he or she confirms this. Use your Italian passport when you travel to parts of the world where citizens of your native country are unpopular or prohibited from entering (for example, Americans in Cuba). It’s always a good idea to carry photocopies of both passports with you when you travel.
15) How can I find out which Italian authority covers my geographic area?
If you are an American and you're not sure which consulate covers your state, follow this link to find the consular office in whose jurisdiction you reside. Otherwise, visit the website of the Italian Minister of Foreign Affairs at http://www.esteri.it for a list of all Italian embassies and consulates in the world.
16) I am not a citizen of the country in which I am currently living (e.g. a Mexican citizen in the USA). Can I apply for Italian citizenship through the Italian consulate of the country in which I am living, or must I do so through a consulate in my country of citizenship?
You must apply for Italian citizenship through an Italian consulate in your country of residence.
17) I am a foreigner married to an Italian citizen. Am I entitled to Italian citizenship?
If you are a woman and you married before April 26th, 1983, you automatically acquired Italian citizenship at the moment of marriage.
After April 26th, 1983, either husband or wife may acquire Italian citizenship after two years of marriage if the couple resides in Italy and after three years if they reside abroad. In both cases you need to file an application (see section B).
18) I became an American citizen by naturalization before August 16th, 1992. Can I reacquire my Italian citizenship?
Yes, by declaring you intend to do so, and taking up residence in an Italian Comune within one year from such declaration (see the section B ).
19) I became an American citizen after August 15th, 1992. Did I lose my Italian citizenship?
No. Those who acquired a foreign nationality after the above-mentioned date have retained their Italian citizenship.
20) I was born in the US but I have an Italian direct ascendant. Am I entitled to dual citizenship?
You might, but this is a case-by-case matter. We need to check the original documents along with you and ascertain if you are eligible or not.
Please Note: those who were born before January 1, 1948 may obtain Italian citizenship only through paternal direct ascendants.
21) I was born in the United States, my father was an Italian citizen at the time of my birth and I have never renounced my Italian citizenship. Am I entitled to Italian citizenship?
Yes.
22) I was born in the United States after January 1, 1948, I have never renounced my Italian citizenship, and my mother was an Italian citizen at the time of my birth. Am I entitled to Italian citizenship?
Yes.
23) My father was born in the U.S. and my paternal grandfather was an Italian citizen at the time of my father’s birth and neither I nor my father ever renounced Italian citizenship. Am I entitled to Italian citizenship?
Yes.
24) I was born after January 1, 1948, my mother was born in the United States and my maternal grandfather was an Italian citizen at the time of my mother’s birth and neither I nor my mother ever renounced Italian citizenship. Am I entitled to Italian citizenship?
Yes.
25) I was born in Italy to non-Italian citizens who were permanent residents of Italy at the time of my birth. Now I live in the United States. Am I eligible to Italian citizenship?
No. Italian citizenship is based on “jure sanguinis” (blood line). As a general rule, foreigners born in Italy are not automatically Italian.
26) I am an Italian citizen and I naturalized American. Should I inform the Consulate?
Yes. You may do so by presenting the following documents: certificate of naturalization, Italian passport or Italian certificate of birth and passport or any other valid I.D. You can also register it by mail, providing certified true copies of the above mentioned documents.
Sometimes referred to as Jus Sanguinis, it is Latin for "by the right of blood." In this case, it means the right to citizenship through one's bloodline or ancestry.
2) Will Italian citizenship jure sanguinis affect my current citizenship?
According to the principle of jure sanguinis, you have actually been an Italian citizen since birth (if you qualify). Obtaining dual citizenship through ancestry is much different than obtaining it through naturalization, which in many cases can result in the loss of your native citizenship. In Australia, Canada, Ireland, New Zealand, South Africa, the United States and the United Kingdom, being recognized as an Italian citizen jure sanguinis will not affect your current citizenship. If you are a citizen of any other country, we strongly recommend you verify this with the nearest Italian authority.
3) How long does this process take?
Assuming you start the process today, it generally takes four to six weeks for us to obtain your ancestor's birth, marriage or death certificate. The time it takes to procure birth, marriage and death certificates in your state or province varies, but in one case it took the state of California five months to respond to ten certificate requests. Some vital statistics offices do allow you to expedite your requests. You can request your certificates from Italy through Italiamerica. For birth go here; for marriage go here; for death go here; and from your state or province (through the appropriate authority) simultaneously, allowing the waiting periods to overlap. As soon as all the certificates from your state or province have arrived, you may have to wait another few weeks for the apostilles or legalizations, though you can usually save time if you go in person. Italiamerica can translate your certificates into Italian in two weeks or less, though this may also be done while you are waiting for the apostilles or legalizations. You can complete the actual application for citizenship jure sanguinis and get it notarized in a day. The biggest question is how long it will take the Italian embassy or consulate to process your application. Experience has shown that it may take anywhere from two weeks to a year. We recommends planning at least six months to a year in advance from the day you start requesting certificates until the day you get confirmation of your citizenship.
5) Can I acquire citizenship with other members of my family at the same time?
Yes. All living ancestors your Italian parent, your Italian grandparents in the direct line between you and your ancestor from Italy are going to be recognized as Italian citizens anyway. (This is not optional!) Applying with siblings and/or first cousins requires very little additional work and is a great way to divide up costs. Another benefit of applying with other members of your family is that you need only ONE set of certificates for your entire family's application.
For instance, if I apply for Italian citizenship jure sanguinis with my two sisters and my mother, the certificates I must present with my application are the same as those I would have had to present if I were applying on my own, with the exception of my sisters' birth certificates.
6) I'm in a hurry to get over to Italy/Europe. Can I do anything to expedite this process?
Request the Birth - Marriage - Death certificates from Italy and the certificates from your own country IMMEDIATELY! Don't delay at any point in this process. Be prepared for the appointment with the nearest Italian embassy or consulate to submit your application, and be sure you have all your certificates, apostilles and translations into Italian in order. Tell the representative of the Italian authority that you are anxious to move abroad and ask (politely!) if there is any way to expedite the process.
7) If I work in Italy do I have to pay taxes in both my native country and Italy?
The United States is one of the few countries in the world that taxes its citizens no matter where they live. However, you can qualify for a tax exclusion for all income earned in Italy or elsewhere in the European Union up to $70,000 USD per year. This is called the $70,000 exclusion, and in order to qualify for it you must establish a tax home outside of the US and pass either the physical-presence test or the foreign-residence test. The physical-presence test is the more objective and straightforward of the two. To pass, you must be outside the US for at least 330 days over a consecutive twelve month period. The foreign-residence test is more subjective and probably easier for most Americans to pass. You must convince the IRS that you have been a bona fide resident of Italy or other EU country for an entire taxable year and that you plan to live there indefinitely. The IRS considers a number of factors to determine whether or not you pass this test. Being an Italian citizen and living in Europe will certainly work in your favor. Remember that you need to pass only one of these two tests to qualify for the $70,000 exclusion. You must file IRS forms 1040 and 2555 or 2555-EZ to claim your exclusion!
If you are an American who doesn't qualify for the $70,000 exclusion? or who earns more than $70,000 USD per year, don’t worry! Italy and the United States have tax treaties to protect their citizens from dual taxation. The general rule is that you don’t pay US tax on foreign-earned income if the foreign tax rate is higher than the US rate. If the foreign rate is lower, you will have to pay US taxes on the difference between these rates. In any case, be sure to file your tax returns every year even if all your income is earned outside of the US!
If you are not a US citizen, it is likely you won't be taxed for any income earned abroad. Check with the nearest Italian authority or a tax attorney for more information.
8) Can I vote in Italy without losing my native citizenship?
Yes. Voting is one of your rights as an Italian citizen.
9) How will I know when I've obtained Italian citizenship?
You will be contacted by the Italian authority through which you submitted your application for citizenship. Though this may vary from country to country, you will probably receive a package at your home address including a cover letter stating that you have been recognized as an Italian citizen, an application for an Italian passport and an application for A.I.R.E. If you are a male under the age of forty-five, you will also be sent a document relieving you of your military obligations to Italy. (Read on if you are a male under the age of twenty-seven!)
10) What is A.I.R.E.?
In every city in Italy, there is a general registry office or anagrafe that keeps track of the changes in citizenship status, address, marriage, birth and death of Italian citizens. Italians living abroad are registered in a special anagrafe called A.I.R.E. By law, all Italian citizens, whether living in Italy or abroad, must notify their anagrafe concerning any change in their status. Italians abroad do so through the consular office in whose jurisdiction they reside.
11) Will I have military obligations to Italy?
On May 8, 2001, the Italian government passed a law (Art. 7 del D. Lgs. 8 maggio 2001 n. 215) making military service completely voluntary as of January 1, 2007. Females do not have any military obligations, nor does any male born on or after January 1, 1986. If you have already served in the US military or you are forty-five years or older, you do not have to serve in the Italian military. If you are twenty-seven or older and younger than forty-five, you can avoid military service by filling out some paperwork. If you are a male born between 1976 and December 31, 1985 and you want to live in Italy, in theory you are obliged to complete your military service unless you are enrolled in a university. Work exemptions also exist for those who meet certain qualifications (e.g. independent business-owners or members of a family business). We feel that, in reality, LEVA (the bureau regulating mandatory military service) is slowly winding down and is no longer tracking newly-recognized male Italian citizens for military service. Nonetheless, if you were born between 1976 and December 31, 1985 and you want to live in Italy, We strongly recommend you contact the LEVA office of the area in Italy in which you are planning to live for more information.
12) How soon can I move to Italy after I receive confirmation of citizenship from the Italian consulate in my area?
Even if you're in a rush to move to Europe, we strongly recommend you wait until you get an Italian passport before you go, especially if you're planning a move to a country other than Italy.
13) How long will it take to get a passport once I obtain Italian citizenship?
It depends how quickly your embassy or consulate processes passport requests. From the moment you submit your passport application, it could take anywhere from one to six weeks. Check with the nearest Italian authority for more information.
14) If I have two passports, which should I use when I travel?
If you plan on traveling to Italy or to any other EU country, bring both your native passport and your Italian passport with you. Show your native passport when leaving your country. On the plane, put away your native passport and take out your Italian passport, which you should then use when entering Italy or any other EU country. It’s probably in your best interest NOT to mention to customs that you are carrying two passports. It is not illegal for you to do so, but a lower-level official may not know this, which could result in delays while he or she confirms this. Use your Italian passport when you travel to parts of the world where citizens of your native country are unpopular or prohibited from entering (for example, Americans in Cuba). It’s always a good idea to carry photocopies of both passports with you when you travel.
15) How can I find out which Italian authority covers my geographic area?
If you are an American and you're not sure which consulate covers your state, follow this link to find the consular office in whose jurisdiction you reside. Otherwise, visit the website of the Italian Minister of Foreign Affairs at http://www.esteri.it for a list of all Italian embassies and consulates in the world.
16) I am not a citizen of the country in which I am currently living (e.g. a Mexican citizen in the USA). Can I apply for Italian citizenship through the Italian consulate of the country in which I am living, or must I do so through a consulate in my country of citizenship?
You must apply for Italian citizenship through an Italian consulate in your country of residence.
17) I am a foreigner married to an Italian citizen. Am I entitled to Italian citizenship?
If you are a woman and you married before April 26th, 1983, you automatically acquired Italian citizenship at the moment of marriage.
After April 26th, 1983, either husband or wife may acquire Italian citizenship after two years of marriage if the couple resides in Italy and after three years if they reside abroad. In both cases you need to file an application (see section B).
18) I became an American citizen by naturalization before August 16th, 1992. Can I reacquire my Italian citizenship?
Yes, by declaring you intend to do so, and taking up residence in an Italian Comune within one year from such declaration (see the section B ).
19) I became an American citizen after August 15th, 1992. Did I lose my Italian citizenship?
No. Those who acquired a foreign nationality after the above-mentioned date have retained their Italian citizenship.
20) I was born in the US but I have an Italian direct ascendant. Am I entitled to dual citizenship?
You might, but this is a case-by-case matter. We need to check the original documents along with you and ascertain if you are eligible or not.
Please Note: those who were born before January 1, 1948 may obtain Italian citizenship only through paternal direct ascendants.
21) I was born in the United States, my father was an Italian citizen at the time of my birth and I have never renounced my Italian citizenship. Am I entitled to Italian citizenship?
Yes.
22) I was born in the United States after January 1, 1948, I have never renounced my Italian citizenship, and my mother was an Italian citizen at the time of my birth. Am I entitled to Italian citizenship?
Yes.
23) My father was born in the U.S. and my paternal grandfather was an Italian citizen at the time of my father’s birth and neither I nor my father ever renounced Italian citizenship. Am I entitled to Italian citizenship?
Yes.
24) I was born after January 1, 1948, my mother was born in the United States and my maternal grandfather was an Italian citizen at the time of my mother’s birth and neither I nor my mother ever renounced Italian citizenship. Am I entitled to Italian citizenship?
Yes.
25) I was born in Italy to non-Italian citizens who were permanent residents of Italy at the time of my birth. Now I live in the United States. Am I eligible to Italian citizenship?
No. Italian citizenship is based on “jure sanguinis” (blood line). As a general rule, foreigners born in Italy are not automatically Italian.
26) I am an Italian citizen and I naturalized American. Should I inform the Consulate?
Yes. You may do so by presenting the following documents: certificate of naturalization, Italian passport or Italian certificate of birth and passport or any other valid I.D. You can also register it by mail, providing certified true copies of the above mentioned documents.
It might be useful to rephrase the after Jan l, l948. It really is a decorrere, that is, from that day forward. So a person born on Jan. l, l948 is eligible for Italian citizenship.
ReplyDeleteHello,
ReplyDeleteHello,
I was born in Italy held an Italian Passport and became a Naturalized Canadian Citizen as of 1982 hence according to Italian Law "Those who did not apply at that time may regain it through residency in Italy for at least one year (Law n.91/1992,art.13).
My question is as follows:
if I were to return to Italy from the date customs stamp my passport I would have to wait 1 year to be able to reinstate Italian citizenship? Is this correct?
If I wanted to work in Italy during this 1 year time period do I need to apply for a social security number or visa in order to work?
You would have to check with the consulate as technically you wouldn't have any paperwork to demonstrate your Italian nationality.
DeleteI am a South African and my husband has Dual Citizenship in Italy and South Africa (i.e) he has two passports. He is looking to Immigrate back to Italy and take me with. What process will I have to go through to enter Italy Legally and become a Citizen. Both of us have lived in South Africa for all our life. I would like to take my Non-EU Mother with us. Please help as we are struggling with all the Legalities.
ReplyDeleteYou need to contact the consulate as all members of the EU have the same rules. The EU citizen applies for a permit for te spouse.
DeleteDO I HAVE TO TELL THEM I AM DIVORCED WITH NO CHILDREN
ReplyDeleteYes you do.
DeleteI was born in Italy and became naturalized before 1992 so I have lost my Italian citizenship. I understand that I can regain it by living in Italy for one year. This obviously is not practical for everyone to be away for a year. Are there any other avenues to regain my citizenship? The law seems a bit unfair because prior to 1992 some people had no choice, for employment or other legal reasons. Is the Italian government looking at amending this anomaly and give the "prior 1992's" an easier pathway back to citizenship. It seems odd that people born in Italy a discriminated by an unusual laws. What's so hard about allowing someone born in Italy to attend his local Consulate in Australia and be sworn in?
ReplyDeleteIt is not fair but I don't believe this law will be changing any time soon.
DeleteHello, I am an American who qualifies for Italian citizenship based on my ancestry. My husband is French, and we've lived in France together for almost 2 years. His work is taking him to Italy next year, so we are preparing to move there for about 8 months or so.
ReplyDeleteWould you happen to know if I would be able to apply for dual citizenship in Italy once we move, rather than returning to America to do it? I contacted the consulate that has jurisdiction over my last place of residence in the US, and their soonest appointment was several years from now! Talk about a long wait!
I've just checked and they have appointments for September available in Paris. I don't know where exactly you live but this is encouraging.
DeleteYou will not be able to do it from Italy, having said that, you say you live in France, since you are a French legal resident, you are allowed to apply from France.
ReplyDeleteGood luck!