How long to get Italian citizenship by descent?
The Italian Ministry of the Interior is obliged to rule on applications for recognition of Italian citizenship jure sanguinis within 730 days from the date of submission of the application.
More specifically, Article 3 of Presidential Decree No. 362/1994 states: "For what is provided by articles 2 and 4 of Law No. 241 of August 7, 1990, the deadline for the conclusion of the proceedings referred to in this regulation is 730 days from the date of submission of the application.
Delays in Italian Citizenship iure sanguinis:Italian citizenshipthrough judicial means
Most foreigners who apply for citizenship jure sanguinis are unaware of their rights or the remedies that Italian law provides to combat the phenomenon of delays by Consulates abroad in processing applications for recognition of Italian citizenship jure sanguinis.
So, what can be done?
Foreigners who believe their rights are being violated are given the opportunity to turn to the Civil Judge, even if the 730 days provided for the conclusion of the procedure have not elapsed and when it is reasonably certain that the deadline is approaching without the Consulate abroad being able to respond.
The expiration of the 730-day deadline for the conclusion of administrative procedures is not a condition for the admissibility of the appeal in Civil Court regarding the recognition of Italian citizenship jure sanguinis.
The request for recognition of citizenship jure sanguinis by judicial means can be made in the following cases:
" Maternal descent, when there is a woman in the genealogical line whose child was born before January 1, 1948;
" Paternal descent or the child of an Italian woman born after January 1, 1948.
The procedure above does not require the applicant to travel to Italy, but it is handled by a lawyer with power of attorney.
Following the judicial proceeding, the Civil Judge will issue a judgment granting Italian citizenship.
Delays in Italian Citizenship jure sanguinis: when to submit an appeal to the TAR?
But there is also another avenue that foreigners can pursue when the Consulate abroad fails to meet the reasonable deadline set by law, which is fixed at 730 days from the receipt of the request.
In the event of a delay, meaning the request is not processed within the aforementioned timeframe, the applicant has the right to appeal to the TAR Lazio to settle the matter.
This appeal is aimed at ensuring that the administrative court declares the silence of the Public Administration as illegitimate and orders the Consulate, which has not concluded the procedure, to urgently make a decision. In this context, the Public Administration may be ordered to pay the legal costs and compensate the damage suffered by the petitioner.
The content of this article is intended to provide a general guide to the subject matter. Specialist advice should be sought about your specific circumstances.