1948 Case Petition
Follow the Female Bloodline
Time to process
Likelihood of success
Disqualified if
key points
You must have a completed application prior to commencing with a 1948 case petition. If you have completed your application on your own, or through our Starter pack, we require a full legal review prior to commencing the legal work.
1 - 3 years from completed application
99% if all documentations are correct
The female ancestor naturalized before the next in line was 21 years old
here's how it works
1948 cases are our specialty. Our licensed attorneys specialize in handling Italian citizenship applications in any court in Italy. Your path to Italian citizenship simplified, with us by your side.
Full legal representation in Italian court
Drafting the summons and filing in court
Preparing and attending the hearing(s)
Serving the judgment (Ordinanza) to the Italian Ministry of the Interior
Registering your citizenship in ancestor comune
Monitoring your lawsuit monthly
includes
BOOK A FREE EVALUATION CALL
€4,800
Not including application build
One adult petitioner
Extra adults €700
Extra minors €500
Prices in EUR plus tax
Court filing fees extra
Pro's
FASTER THAN A CONSULATE
Don't need TO ATTEND COURT
ALL FAMILY CAN BE INCLUDED ON SAME PETITION
Are You Ready to Claim Your Italian Citizenship Through a 1948 Petition?
*court petition
Italian citizenship laws are some of the most generous in the world. It is based on the principle of jure sanguinis (blood right), and you can go back as many generations as you need, so long as the bloodline is never broken. Essentially, any child born of Italian parents is also an Italian citizen.
However, there are some conditions. If you or your ancestors were born to an Italian woman before January 1, 1948, the process can get a little bit tricky.
Under the 1912 Citizenship law, only men were able to transfer their Italian lineage to children, while women could hold but not pass citizenship to their descendants.
On January 1, 1948 the Italian Constitution came into force, which among other things, outlined the principals of gender equality. This meant that the old law was gone, and all children born to an Italian woman AFTER January 1, 1948 had a clear pathway to citizenship.
But what happens to the children that were born before 1948?
Unfortunately, the new legislation was not retroactive and therefore, children born to an Italian mother before 1948 were not automatically Italian. Of course, in today’s world, this is not considered fair, and in 2009 the Italian Supreme Court decided that this was a discriminating factor (judgment no. 4466/2009) and therefore any child that was born from an Italian parent, regardless if they were male or female, had the right to Italian citizenship.
Good news, right?
Hold on. We’re not in the clear yet!
Unfortunately, this judgement did not have any impact on the Consulates behaviour, and if you tried to apply at consulate where one of your ancestors were born to a female before 1948, you would be denied.
Are you still with me? I hope so, because I have some good news.
Although a Consulate will reject your case the courts in Italy will not. They, follow the judgement of the decision by the Supreme Court. And this, is how the 1948 Case Petition was born and why so many people can claim their rightful Italian citizenship by petitioning the courts in Italy.
In fact, our team specializes in 1948 Case Petitions and if the documents prove the line and there is no minor issue (read on) then it is merely procedural. In fact, the Italian courts do not even send anyone to represent them.
Obviously, this is very good news if you need to pass through a female ancestor who was born before 1948.
The Minor Issue..
There is one caveat, the “minor issue” and by minor I don’t mean little. A minor relates to someone being a “minor” and under the age of 21 and it is the one thing that can end the possibility of claiming citizenship through a 1948 petition.
If the female ancestor naturalized, we must first consider the age of the child that would be next in line. If that child was under the age of 21 then it’s not possible to proceed via 1948 petition. This is because the courts decided that a minor child would lose the right to citizenship if the mother naturalized before they were an adult.
If the female ancestor never naturalized, then the minor issue does not impact your application and you are good to go!
How to apply for your citizenship with a 1948 Petition
The lawsuit must be filled in the court of your ancestor, by an Italian lawyer. You can include any member of your family who is also entitled to citizenship through the female ancestor on the same petition. This is one of the major benefits of the 1948 Petition. Everyone can get their citizenship at the same time!
How long does it take?
Well, court is not fast in Italy and on average, we will wait six months to be given a court date, and another year for the actual trial. Once the trial is complete, we will have to wait again for a few months for a decision. After a successful decision, then we must wait another couple of months for the appeal period to pass.
In total, you should plan for 2 – 3 years from the time you have your application ready.
Why should you choose a 1948 Petition?
Contrary to internet myths, you do not have to exhaust a male line first. You can choose to apply via 1948 petition even if you have the option of a consulate case through another ancestor.
So, why should you choose 1948? Lot’s of reasons!
First, you can apply from wherever you want. You do not need to come to Italy. We will represent you and take care of all the steps including registering your citizenship with the comune of your ancestors.
Plus, as mentioned above, you can include all your family members. Not only is this very convenient, but you can share in the costs!
How much does a 1948 petition cost?
A 1948 Petition is a lot more affordable than you may think. Take a look below at our current fees. And if you have completed your application through our Starter or Plus program, you can apply a 5% discount!
Are you ready to claim your Italian citizenship through a 1948 Petition?
No Appointment Case
When You Can't Get an Appointment at a Consulate
Because there is hope!
There is no denying that it can take years to collect, legalize, and assemble your documents to prove that you’re Italian but the most frustrating part isn’t the documentation at all, but getting an appointment to simply submit your documents is taking years.
Why is getting an appointment so difficult?
Pre-pandemic most people had to wait a year or more for their appointment. But now, since many Consulates closed for months during the Pandemic, old appointments were cancelled and with the constant flow of new applicants, Consulates are overloaded, and the waits are even longer. In some cases, there are simply no appointments available or the Prenota system (the online appointment booking system) is closed, which goes against Art. 3 D.P.R. 362/1994, which says that Italian Consulates have up to two (2) years to process an application.
Let’s clarify what this means.
The Consulate has up to two years to “process” your application from the date that they receive it. It doesn’t say they must allow you to apply within that time frame, but rather to process your application once you’ve submitted it.
But what if you can’t even get an appointment to submit your application for review? How can the two-year law requirement protect you, when you can’t get your application in front of them in the first place?
How can you win the race if you can’t even get out of the starting gate?
The answer is to move the jurisdiction of your application location to the court of your ancestor's jurisdiction for reasons you have been given a “denial of justice” which is a condition for fast-tracking the case in front of the judge who will ultimately grant Italian citizenship here in Italy.
What evidence do you need to prove it?
You can only petition the courts for a “no appointment” case if you can prove that you were not able to book an appointment at the Italian Consulate in your jurisdiction.
The following is the evidence we need to proceed with your No Appointment case in Italy:
- Take thirty (30) days of screenshots from the Italian Consulate prenota system showing no appointments available for citizenship applications. This should be from different times of the day and on the Italian language option.
- Save these to a folder to share later.
- Ensure that the date and time is visible and saved on each screen shot.
Obviously, this is very good news if you area like the thousands of people who can’t get an appointment to apply for your Citizenship. But wait..because there is a little catch.
The Minor Issue.
Like the 1948 Petition, the No Appointment has the same caveat which is the “minor issue” and by minor I don’t mean little. A minor relates to someone being a “minor” and under the age of 21 and it is the one thing that can end the possibility of claiming citizenship through a No Appointment petition.
If the Italian ancestor naturalized, we must first consider the age of the child that would be next in line. If that child was under the age of 21 then it’s not possible to proceed via No Appointment case in Italy.
This is because the courts decided that a minor child would lose the right to citizenship if the ancestor (male or female) naturalized before they were an adult.
If the ancestor never naturalized, or naturalized after the next in line was 21, then the minor issue does not impact your case and you are good to go!
How to petition the courts.
The lawsuit must be filled in the court of your ancestor, by an Italian lawyer. You can include any member of your family who is also entitled to citizenship on the same grounds that they too cannot get an appointment. This is one of the major benefits of moving the jurisdiction to Italy, everyone can get their citizenship at the same time!
How long does it take?
Well, court is not fast in Italy and on average, we will wait six months to be given a court date, and another year for the actual trial. Once the trial is complete, we will have to wait again for a few months for a decision. After a successful decision, then we must wait another couple of months for the appeal period to pass.
In total, you should plan for 2 – 3 years from the time you have your application ready.
Why should you choose a No Appointment Case?
It’s faster! Although it can still take a couple of years to complete, it is still much faster than the consulate, which from start to finish (if you could even get an appointment) can be between 5 – 10 years.
Also, you do not need to come to Italy. We will represent you and take care of all the steps including registering your citizenship with the comune of your ancestors.
Plus, as mentioned above, you can include all your family members. Not only is this very convenient, but you can share in the costs!
How much does a No Appointment Case cost?
This procedure is a lot more affordable than you may think. Look below at our current fees. And if you have completed your application through our Starter or Plus program, you can apply a 5% discount!
Time to process
Likelihood of success
Disqualified if
key points
You must have a completed application prior to commencing with a No Appointment Case. If you have completed your application on your own, or through our Starter pack, we require a full legal review prior to commencing the legal work.
1 - 3 years from completed application
99% if all documentations are correct
The Italian ancestor naturalized before the next in line was 21 years old
apply with a no appointment case
If you have a Consulate case and cannot get an appointment, or if the Consulate is not accepting applications, this is considered a "denial of justice" and you are entitled to petition the court of your Italian ancestor and have a Judge decide your case.
Full legal representation in Italian court
Drafting the summons and filing in court
Preparing and attending the hearing(s)
Serving the judgment (Ordinanza) to the Italian Ministry of the Interior
Registering your citizenship in ancestor comune
Monitoring your lawsuit monthly
includes
BOOK A FREE EVALUATION CALL
€4,800
Not including application build
One adult petitioner
Extra adults €700
Extra minors €500
Prices in EUR plus tax
Court filing fees extra
Pro's
FASTER THAN A CONSULATE
Don't need TO ATTEND COURT
ALL FAMILY CAN BE INCLUDED ON PETITION
Are You Tired of Waiting for an Appointment?
*court petition
Take the quiz and find out.
2 minute QUIZ
