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Citizenship by descent

 

Citizenship by descent

RECOGNITION OF ITALIAN CITIZENSHIP FOR INDIVIDUALS OF ITALIAN DESCENT

Italian Citizenship is based upon the principle of “jus sanguinis” (blood right) meaning that a child born of an Italian father or mother is an Italian citizen regardless of place of birth.

In order to be recognized as an Italian citizen, applicants have to prove that their Italian ancestor born in Italy was not a naturalized Australian citizen at the time of the birth of their son or daughter in Australia (see the examples listed below for more details). Also, note that in order to be recognized as an Italian citizen, an applicant and his/her ancestors need not to have renounced Italian citizenship before any Italian authority.

Is is strongly suggested that applicants begin the process by first acquiring their ancestor’s Italian birth certificate and his/her naturalization certificate.

1. Before you start
2. Eligibility verification
3. Fast facts
4. Examples and required ancestor's documentation
5. Applicant's documentation
6. Australian naturalization
7. Cost and payment methods

1. BEFORE YOU START
• You can submit your application to this Consulate if you are a permanent resident in Queensland or the Northern Territory.
• Your application is individual and must be presented in person, together with all the supporting documents.
• In order to present your application and related documents you need to make an appointment through our online booking system.
• If a family member, residing in our jurisdiction, is interested in submitting an application for the recognition of Italian citizenship in the future, the same ancestors’ original documentation can be used, therefore it is not necessary to present this documentation again, but the applicant must present his/her own original certificates.
• Residents of Queensland or the Northern Territory whose family members have obtained recognition of Italian citizenship at a different Consulate, or in Italy, must submit all original documentation of the Italian ancestor to this office.
• If you are concerned that the reacquisition of Italian citizenship may affect your Australian citizenship, you should contact the appropriate Australian authorities.

2. INTERACTIVE TUTORIAL
If you are not certain about your eligibility to apply for Italian citizenship jure sanguinis, that is, by descent, please use this step-by-step guide. This tutorial will help you determine your eligibility. However, note that the outcome of this guide is not a guarantee that you will be recognized as an Italian citizen and you will still need to submit a complete application.

3. FAST FACTS
• If your ancestor became a naturalized Australian citizen before June 14, 1912 you are most likely not entitled to Italian citizenship, even if a closer ascendant was born before your Italian ancestor's naturalization.
• A person born before January 1st, 1948 can claim Italian citizenship only from his/her father, who was not a naturalized citizen of another country before his child’s birth.
• A woman can transfer citizenship only to her children born after January 1st, 1948, if she was not a naturalized citizen of another country before her child’s birth.
• An Italian citizen who acquired a foreign citizenship before August 16, 1992 will have automatically lost his/her citizenship according to art. 8 of the law 555/1912.
• The acquisition of a foreign citizenship by an Italian citizen on or after August 16, 1992 does not cause the loss of his/her Italian citizenship.

4. EXAMPLES AND REQUIRED ANCESTOR'S DOCUMENTATION

Example A. Your father was an Italian citizen at the time of your birth* and you have never renounced your Italian citizenship. The following documentation is required:
1. your father's birth certificate (from Italy);
2. copy of your mother's birth certificate;
3. your parents' marriage certificate;
4. your father's current Italian passport and the VEVO (Visa Entitlement Verification Online system) OR your father's Evidence of Australian Citizenship Certificate ;
5. if applicable, your father's death certificate.
*If your father was naturalized before your birth, you are not entitled to Italian citizenship. Applicants interested in becoming Italian citizens by naturalization, after a period of residence in Italy, can review the information on the Ministry of Foreign Affairs website (under "Naturalization").

Example B. You were born after January 1, 1948, you have never renounced your Italian citizenship, and your mother was an Italian citizen at the time of your birth*. The following documentation is required:
1. your mother's birth certificate (from Italy);
2. copy of your father's birth certificate;
3. your parent's marriage certificate;
4. your mother's current Italian passport and the VEVO (Visa Entitlement Verification Online system) OR your mother's Evidence of Australian Citizenship Certificate ;
5. if applicable, your mother's death certificate.
* If your mother was naturalized before your birth, you are not entitled to Italian citizenship. Applicants interested in becoming Italian citizens by naturalization, after a period of residence in Italy, can review the information on the Ministry of Foreign Affairs website (under "Naturalization").

Example C. Your father was born in Australia and your paternal grandfather was an Italian citizen at the time of your father's birth* and neither you nor your father ever renounced your Italian citizenship. The following documentation is required:
1. birth certificates of your paternal grandfather (from Italy) and your father;
2. copies of birth certificates of your paternal grandmother and mother;
3. marriage certificates of your paternal grandparents and parents;
4. your paternal grandfather's Evidence of Australian Citizenship Certificate.
5. If applicable, death certificates of your ancestors.
* If your paternal grandfather was naturalized before your father's birth, you and your father are not entitled to Italian citizenship. Applicants interested in becoming Italian citizens by naturalization, after a period of residence in Italy, can review the information on the Ministry of Foreign Affairs website (under "Naturalization").

Example D. You were born after January 1, 1948, your mother was born in Australia and your maternal grandfather was an Italian citizen at the time of your mother's birth* and neither you nor your mother ever renounced your Italian citizenship. The following documentation is required:
1. birth certificates of your maternal grandfather (from Italy) and your mother;
2. copies of birth certificates of your maternal grandmother and father;
3. marriage certificates of your maternal grandparents and of your parents;
4. your maternal grandfather’s Evidence of Australian Citizenship Certificate;
5. If applicable, death certificates of your ancestors.
* If your maternal grandfather was naturalized before your mother’s birth, you and your mother are not entitled to Italian citizenship. Applicants interested in becoming Italian citizens by naturalization, after a period of residence in Italy, can review the information on the Ministry of Foreign Affairs website (under "Naturalization").

5. APPLICANT'S DOCUMENTATION
1. Application form and declarations that you and your intermediate ancestor/s have never renounced Italian citizenship before any Italian authority;
2. Birth certificate
3. Marriage certificate (if applicable);
4. Minor child’s/children’s birth certificate (if applicable);
5. Original and a copy of your Australian passport
6. Original and a copy of your Driver's licence (or other proof of residence in QLD or NT);
7. If not an Australian citizen: original and a copy of your passport and evidence of Permanent Residency (VEVO).
PLEASE NOTE
• Please click on the links on the right side of this page to download the Application Form1
• Birth certificates, marriage certificates, and, if applicable, divorce documents related to the applicant must be legalized with an APOSTILLE by the Department of Foreign Affairs and Trade of the country in which the document has been issued. (See FORM1)
• Birth certificates, marriage certificates, and, if applicable, divorce documents related to the applicant must be translated into Italian by a NAATI accredited translator. The APOSTILLE does not need to be translated. (See FORM1)
• Copy of birth certificates of all spouses born in Australia must be provided.
• Each certificate issued outside of Australia needs to be presented with an APOSTILLE and a translation into Italian, certified by the Italian Consulate in the country in which said certificate was issued. This certification must happen before the submission to this Consulate.
• Check all the documents carefully word for word to make sure that no discrepancies or errors appear. Each change or error found in your ancestor’s documents must be corrected, wherever possible, through an official “affidavit to amend a record” by the office that issued that document.
• Discrepancies and errors in your own documents must be amended and officially corrected. This includes errors in your own name, your spouse’s name, and your parents’ names. If relevant discrepancies are found in your own certificates your application will not be accepted.


6. AUSTRALIAN NATURALIZATION
The Italian ancestor's naturalization document is crucial for the recognition of your Italian citizenship. Therefore, an accurate search has to be performed in order to present the correct documentation.
If your ancestor is still alive and is not an Australian citizen, you can present his Italian passport and his VEVO (Visa Entitlement Verification Online system) otherwise, you must present an Evidence of Australian Citizenship Certificate.

The following is a list of the Offices that applicants might need to contact:

1. The Australian Department of Home Affairs – Immigration and Citizenship.

2. Registrar of Births Death and Marriages

3. National Accreditation Authority for Translators and Interpreters

4. The Australian National Archives

If your Italian ancestor lived in a country other than Australia, you must present the naturalization record issued by that country. For more information see the website of the competent Italian Consulate/Embassy. A list of all Italian Consulate/Embassies abroad is available at: www.esteri.it (“Farnesina” - “Rappresentanze Diplomatiche” - “Ambasciate e Consolati” – Country).
PLEASE NOTE
When submitting a request to one of these offices, please provide your Italian ancestor’s full name (as well as aliases, nicknames, or any other names that appear on any official documents), possible places and dates of birth which he may have declared during his life, according to the ancestor's documents and available information.
Conduct a search that covers the time of the arrival of your Italian ancestor in Australia, to the birth of his child born in Australia, and support it with Official statements.
This Consulate's citizenship office has the right to request additional documents, beyond the ones provided by the applicant on the day of the appointment, in order to determine the applicants' eligibility of Italian citizenship.
7. COST AND PAYMENT METHODS
All applications for the recognition of Italian citizenship by descent are subject to the payment of a fee of 300 euros. This fee must be paid in AUD, please click here to find out the current amount in Australian dollars.
The fee must be paid at the Consulate on the day of the appointment by Debit/Credit Card (VISA/MASTERCARD) or in cash in Australian dollars. The fee is subject to change every 3 months.
The application fee is NON REFUNDABLE, regardless of the outcome of the application.


Periodical:

Citizenship by descent

Author:

GC

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