30 de September, 2025
Anyone wishing to apply for Italian citizenship by descent often faces the challenge of getting an appointment at the Italian Consulate. Sometimes, the waiting time for an appointment may exceed three years. And worse, at this moment, due to the updates that took place in 2025, only children and grandchildren (covered by the current law) can apply through the Consulate.
However, there is an alternative option that may be suitable for this situation: the option of the Italian Courts. In other words, Italian citizenship through the judicial route. It is intended for those who do not want to wait and also for those who want to challenge the law, whether in cases of nationality through the maternal line or when applying based on previous laws, grounded on the unconstitutionality of the 2025 rules.
Here you will learn how this alternative route works, how much it costs, when it is the best option, its main advantages, the stages of the process, and how long Italian citizenship through the judicial route takes.
Check out our Complete Guide to Italian Citizenship!
The option of the Italian Courts, or judicial Italian citizenship, is an alternative to the Administrative Route (Consulates). Italian law establishes deadlines for Consulates to analyze citizenship applications.
If the Consulate does not respond within the deadline (administrative silence), or unjustly denies citizenship, the applicant can appeal to the Italian Justice system.
Learn how to obtain your Italian passport.
If you are a descendant of female ancestors or find it extremely challenging to schedule an appointment at the Consulate, this option may be a viable solution for your case. It offers a more streamlined process, potentially reducing the waiting time significantly.
At present, it is also being used by descendants who contest the changes in the Italian Nationality Law and seek to apply based on the old rules, relying on the courts for an alternative interpretation compared to the Consulates.
Realizing your goal of living in Europe or obtaining European citizenship can be simpler than you think. We offer personalized support to make the immigration process more accessible and uncomplicated.
Applying through the Italian Courts involves filing a lawsuit in Italy to challenge the delay and request a judicial decision. Right in the initial petition, we contest the current law (according to the 2025 changes in the Law), since in our view it is retroactive and unconstitutional.
To be eligible, it is necessary to provide evidence that it is not possible to obtain an appointment within a reasonable time at the Italian Consulate that has jurisdiction over your place of residence. Family members can apply simultaneously if they face similar scheduling challenges.
The costs range from €4,000 to €10,000 per person. There is no single table, since each case is different. Factors such as the number of applicants, the transmission line to the Italian ancestor, and the number of certificates required directly influence the final cost.
🔎❗️ New Fee of €600 per Applicant in Italian Citizenship Processes in 2025!
On December 17, 2024, the Italian Chamber of Deputies approved the collection of a fee of €600 for each applicant in citizenship processes, and stipulated that the payment of fees must be made at the filing of the lawsuit, otherwise the action will be dismissed. The measure came into effect on January 1, 2025. Previously, the unique cost per lawsuit was €545, and family groups — such as siblings, cousins, and other relatives — could share the expenses of a joint lawsuit.
In addition to these changes, two amendments were approved:
The average waiting time for proceedings in Italy is about 36 months, which may vary depending on the Comune responsible for the analysis. Before that, there is the document collection stage, which can be laborious depending on the number of certificates and the need for rectifications.
If a document is missing, our specialized team carries out research and issues certificates in Italy and Brazil. The essential document is the updated birth certificate of the Italian ancestor; without it, it is not possible to move forward.
It is important to note that the Courts may request specific documents or additional apostilles during the process analysis. Our legal team carefully reviews each case to prepare the most complete and suitable file for each applicant. Even so, the judge may request additional documents during the case.
All translations into Italian must be certified in Italy, but they can be carried out in your home country by a sworn translator.
The judicial route to obtaining Italian citizenship came into existence due to delays at consulates, notably in Brazil and the USA.
It was started by a Brazilian family who, in 2017, applied for Italian nationality by descent at the Italian Consulate in Curitiba. Faced with the expected two-year delay in processing, the family, who descended from an Italian who had emigrated to Brazil, sought a legal solution.
A court in Rome in December 2020 ruled in favour of applicants facing long waits, recognizing these delays as a denial of justice. This opened up the possibility of obtaining Italian citizenship in just two years, instead of the lengthy delays at consulates.
If you believe that the Italian Courts option may be a suitable route for your Italian nationality application, don’t hesitate to contact us. We are here to help every step of the way and are committed to helping you achieve your goal of obtaining Italian citizenship by descent (jure sanguinis). We can provide more information and guide you through your process.
Realizing your goal of living in Europe or obtaining European citizenship can be simpler than you think. We offer personalized support to make the immigration process more accessible and uncomplicated.
Author:
Silvia Resende
