By: Pérsio Burkinski
Italian citizenship through the courts is the process by which you apply directly to the Italian courts. This is the most recommended route for obtaining citizenship and the only route in some cases.
When it comes to obtaining Italian citizenship, the judicial route is an increasingly popular alternative. Angélico & Burkinski specializes in this area and understands the nuances of this process, helping you every step of the way.
How long does it take to obtain Italian citizenship through the courts?
Italian citizenship via unconstitutional means
With the approval of Decree-Law No. 36/2025, the recognition of Italian citizenship no longer follows the traditional paths and now faces new problems. Consulates have suspended appointments, and the administrative route in Italy has become virtually unfeasible.
In this context, the solution found has been to appeal to the Italian judiciary through lawsuits challenging the constitutionality of the new rule.
The main arguments are based on the violation of the principle of non-retroactivity of laws and the very concept of original citizenship by blood ties (ius sanguinis). Thus, the so-called “unconstitutional route” emerges, a legal strategy that seeks to preserve a historical right that, until then, was widely recognized.
Eligibility criteria for the judicial route
With the new legislation, the judicial route has become the only possible way to apply for recognition of Italian citizenship by descent. The change suspended the administrative and consular routes, requiring all such applications to be made directly to the Italian courts.
The following are the eligibility criteria:
Italian descent: it is necessary to prove, through official documents, the connection with an Italian ancestor (up to the second generation), such as birth, marriage, and death certificates, from the ancestor to the applicant.
Cases from 1948
If there is a woman in the line of descent who had children before January 1, 1948, recognition of citizenship must be done through the courts. This is because, until that date, Italian law did not allow women to pass on citizenship to their children, which creates a right that can be contested in court.
Step-by-step guide to the legal process
- Genealogical research: initially, you must conduct thorough research to confirm your Italian ancestry and compile a genealogical dossier.
- Search for certificates: ou must organize and prepare all birth, marriage, and death certificates from your ancestor to you. And don’t forget to translate, apostille, and rectify (if necessary) all documents.
- Filing the case in Italian court: it is time to choose a lawyer or agency specializing in Italian citizenship to represent you and file the case in the court of the region where your Italian ancestor was born.
- Compliance with the ruling: the specialist, through power of attorney, represents the applicant in all hearings in Italy and, after obtaining a favorable ruling, takes care of transcribing the certificates in the Italian comune.
- Registration with AIRE: once citizenship has been confirmed, you must register with the Anagrafe degli Italiani Residenti all’Estero (AIRE), an important registry for maintaining your rights as an Italian citizen residing abroad.
- Issuance of an Italian passport: now, you can finally apply for your long-awaited Italian passport. The process includes submitting the required documents to the Italian consulate, scheduling an interview, and filling out the forms to obtain the passport.
How do I build my family tree?
In the step-by-step process via the courts, genealogical research comes first, as building a family tree makes it easier to visualize and identify the “dante causa” in your lineage, as well as providing a treasure map of which documents you will need.
The Dante Causa is the Italian ancestor who will enable you to obtain recognition of your citizenship. You can find them by gathering information from those closest to you, such as your parents, uncles, aunts, siblings, or cousins.
As you collect data, you will need to prove your descent through documents in full format that record the blood ties of each of your family members. It is worth remembering that, under the new legislation, this recognition is only possible for children and grandchildren of the original Italian citizen.
* Birth certificate;
* Marriage certificate;
* Death certificate.
These documents allow a professional specializing in Italian law to analyze the data. This way, you will be informed if you are actually entitled to Italian citizenship.
Documents required for legal proceedings
We would like to point out in advance that the documents required for legal proceedings are the same as those required in Brazil.
* Original birth certificate of the Italian ancestor;
* Certificate of Non-Naturalization;
* Marriage certificate;
* Death certificate (if applicable);
* Power of attorney;
* Protocol or proof of registration.
Please note that all documents must be translated into Italian and apostilled. If you would like more details about all the necessary information, see our article “Documents for Italian citizenship.”
How long does Italian citizenship via legal proceedings take?
This process can take, on average, about two years to complete. However, the time frame may vary depending on several factors.
The first step in the process is to organize the necessary documents, which takes from six months to a year, depending on the complexity of the case and the preparation of the data. After this step, the citizenship process begins. This phase usually takes around two years to complete.
However, Italian law stipulates that obtaining citizenship through the courts takes 730 days, but the exact duration may vary in some specific cases.
What is the advantage of judicial Italian citizenship?
Opting directly for this route of obtaining citizenship brings a number of benefits that can outweigh traditional administrative routes, including in terms of time and cost. In addition, there are specific cases that only this route can address.
With Angélico & Burkinski, you receive a quick, free, and no-obligation quote. We will get back to you with more details within 24 hours.