Italian citizenship can be obtained by a variety of routes, one of which is through descent, jus sanguinis, where an individual can rely on their Italian forefathers for the right to become an Italian citizen. There are fundamental differences between the male and female line when relying on obtaining Italian citizenship by descent, however, this situation is changing for the better with the new law.
Giambrone's highly regarded immigration team has 15 years experience in assisting many hundreds of our clients with a range of citizenship applications. Our lawyers have developed a complete understanding of the demands and requirements of the immigration authorities and enjoy a well-deserved reputation related to our lawyers' collective ability to find satisfactory solutions to complex situations, often involving seeking out elusive documentary evidence to support a submission. The thorough attention to detail coupled with a comprehensive legal knowledge of the laws surrounding immigration enables the immigration team to achieve an impressive level of success.
Italian citizenship first arose in March 1861 when Italy became a unified State. Citizenship by descent is able to pass through the male line from March 1861. Initially, women could only hold Italian citizenship but did not have the legal capacity to pass on this advantage to a family member. This situation changed allowing citizenship through the female, line from January 1948 when Italy became a republic and became known as the 1948 rule.
The anomaly between the male and female line application for Italian citizenship with regard to jus sanguinis, was to some degree addressed by the Italian Supreme Court, due to perceived discrimination. A further difficulty for an applicant through the female line was the obligation to submit a claim only at the Court of Rome and initiate a lawsuit in order to be recognized as an Italian citizen by descent. Clearly, this impeded the process as the Court of Rome as a there is a steady demand by a considerable number of people wishing to achieve Italian citizenship at any one time.
Elze Obrikyte, an associate in the Palermo office who heads a highly experienced immigration team, commented "the new provision that has recently been announced allows an Italian citizenship application that relies on the female line to be made under the jurisdiction of the local District Court related to the place of birth of the female ancestor that is cited to facilitate the application. All so-called "1948" applications will no longer be bound to the Court of Rome," Elze pointed out "this provision should remove the lengthy queues at the Court of Rome and speed-up applications. There may be a period of adjustment as the District Courts become accustomed to the volume of applications."
All new applications submitted to the District Courts under the new law starting from 22 June 2022 will require careful scrutiny. Giambrone's immigration team recognises that the potential volume, processes and procedures will, to some degree, be new to the District Courts. Elze Obrikyte will guide her team in developing strategies to ensure that applications proceed as smoothly as possible through the courts.
Elze Obrikyte has extensive knowledge of European and International law and has previous experience working in the office of the United Nations High Commission for Refugees in Lithuania. Elze has many years experience in assisting foreign nationals in obtaining Italian citizenship through a range of options. She specialises in advising and assisting individuals with a range of immigration and visa issues. Elze has a thorough knowledge of the full scope of the requirements for every type of immigration and visa matter and is meticulous in ensuring that the documentation required to support an application is completely in order and there are no omissions or errors that will cause the application to be delayed.
Elze's considerable experience enables her to anticipate and deflect any issues that may be problematic and has enjoyed significant success when dealing with challenging applications due to her dogged pursuit of a solution and her exhaustive legal knowledge.
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