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The 1948 Rule- Why Not Give Up On Italian Citizenship Claim

Italian citizenship by descent is the easiest way to claim your rights if you can validate your bloodline in the country. You can apply at your local consulate and pursue the process from the country of your residence. If your paperwork is in place, nothing can stop you from starting a new life in the land of your ancestors. But there’s a catch when it comes to eligibility through a maternal ancestor. You may actually make it through the descent route, so you need not give up on your Italian dream. The 1948 Rule comes to your rescue, and you can check the complete guide on mbersanilaw.com to learn more about this option. Let us share a brief explanation of how it works for applicants with maternal ancestry in Italy.

Follow the chronology

The eligibility for citizenship by descent through a maternal relative is about the date she gave birth. If your relative had her child next in your Italian bloodline after January 1, 1948, you are eligible for the regular Jure Sanguinis process. But things are different if her child was born before 1948 because women couldn’t pass on their citizenship rights before that year. Luckily, the government implemented the 1948 Rule to rectify this lapse in the law. The new rule enables applicants to claim citizenship by descent through a court process instead of the usual administrative route. Following the chronology helps you understand the category you fall in.

Know the court process

Once you understand your eligibility for the 1948 Rule, you will want to know more about the process. The idea of obtaining dual citizenship through the court sounds daunting as you expect it to be a long and complicated process. But the truth is that it may actually get you through faster. You can even bypass the extended waiting time applicants have to bear to get a consulate appointment. The best piece of advice is to gather your documentary evidence on time as it is the foundation of the case. You have to get them from your ancestor’s local comune to prove your ancestral connections in the country.

Hire a specialist lawyer

Since the 1948 Rule involves a judicial process, you need a lawyer to represent your case. It is best to pick a specialist with experience in these cases because a good understanding of the rule gives them a head start. You have better chances when your expert has a good track record. They can represent you in the court in your absence, and you will not even have to fly to Italy for the hearing. You only need to provide them with a Power of Attorney for the process. They will get you a hearing date and eventually a favorable judgment with proper preparation.

The 1948 Rule can be a savior for applicants who think maternal ancestry can stand in the way of citizenship by descent claim. You only need a good understanding of the law and process to make your way into the country, regardless of your ancestor’s gender.


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