Important Updates on Jure Sanguinis Applications: Navigating the New Italian Citizenship Directive

In recent weeks, significant changes have emerged regarding Jure Sanguinis applications, specifically concerning the 1912 Italian Citizenship Law (No. 555). This article aims to clarify these updates and guide applicants through the new landscape of Italian citizenship eligibility.

Understanding the Recent Directive

The Italian Ministry of Interior has issued a new directive (Circolare) to address varying interpretations of the 1912 Italian Citizenship Law (No. 555). Historically, Article 7 of this law stated a child born to an Italian father (or parent – after January 1, 1948) on U.S. soil maintained Italian citizenship rights even if the parent naturalized as a U.S. citizen while the child was still a minor (as long as the naturalized occurred after July 1, 1912, and as long as the child did not expressly renounce Italian citizenship after the age of majority (21 years up to March 9, 1975, and then 18 years old after that). 

However, in June 2023, the Court of Cassation shifted this interpretation, favoring Article 12 of the 1912 Italian Citizenship Law. Under Article 12, a minor child automatically loses Italian citizenship if their father acquires a second citizenship (i.e., U.S. citizenship), regardless of where the child was born.

Impact of the Directive

Prior to this directive, many Italian Consulates and local authorities in Italy adhered to the more favorable Article 7 interpretation. However, the recent directive aligns U.S. Consulates and comuni in Italy with the Court of Cassation ruling. Under this interpretation, if your Italian ancestor naturalized before August 16, 1992, and the next-in-line child was a minor at that time, that child is now considered to have lost their Italian citizenship upon the parent’s naturalization.

Understanding Your Options

While this news may seem disheartening, there are still potential avenues to explore for citizenship applications:

1. Explore the Female Line: If your Italian ancestor had a child before January 1, 1948 and did not voluntarily naturalize before the child turned 21, you may pursue a 1948 case through Italian courts. Involuntary naturalization applied to every woman who married an American prior to September 22, 1922, or whose husband naturalized prior to that date. This would be the perfect solution should there be additional applicants/family members that could all share the cost of the lawsuit in Italy or who would have wanted to be included by resided in a separate consular jurisdiction and decided not to pursue Italian dual citizenship for this reason in the past. 
2. Assess Emancipation Status: If the child affected by the parent’s naturalization was married before turning 21 and before the parent naturalized, this might provide protection from the minor rule, allowing your application to proceed.

What This Means for You

The recent Circolare addresses applicants who have already been recognized and are not impacted by the changes. The directive does not alter the judicial system; however, the Court of Cassation ruling that we previously mentioned has created a “precedent,” which is not binding for other Courts. Therefore, Italian judges and other relevant Authorities may continue granting Italian citizenship to those who have an Italian ancestor naturalized after July 1, 1912 and while the U.S.-born child was still a minor. 

As we navigate these changes, we encourage applicants to remain patient. Each case is unique, and our team is dedicated to reviewing your specific situation to uncover all possible pathways forward.

The Good News For Those Effected

Over the past week, My Italian Family has conducted a thorough review of all our clients’ data. We discovered that 63.3% of those affected actually have another pathway available to them. Many clients believe there are no alternatives, but we’re here to clarify that there is indeed another option.

If we identify this alternative path, the process will shift to become more efficient, while remaining entirely hands-off for you. Unlike applying through the Italian Consulate, which requires your personal representation, moving to an Italian court case means you won't need to appear in person at all. Our experienced attorney partnership will represent you fully throughout this process.

While legal representation is mandatory and comes with additional costs, we have secured exceptional rates specifically for our clients. The total investment for this comprehensive service is approximately $7,500.

Final Thoughts

While the new directive presents challenges for Jure Sanguinis applicants, it also opens up alternative routes that may still allow you and your family to claim Italian citizenship. If you have any questions or need assistance, please reach out to us. We are here to support you in exploring all viable options and will keep you informed as we learn more. Please contact us to set-up a free consultation to discuss your options with gaining your Italian dual citizenship.