14 de November, 2023
Anyone wishing to apply for Italian citizenship by descent is often faced with the challenge of getting an appointment at the Italian Consulate. Sometimes the waiting time for an appointment can be more than two years. There is, however, an alternative option that may be suitable for this situation: the option of the Italian Courts (Negativa de Justicia). In other words, Italian citizenship through the courts.
Find out here how this alternative route works, when it is the best option, what its main advantages are and how the process works.
The Italian Courts option allows applicants to seek Italian citizenship by descent without establishing formal residence in Italy and can be especially useful in cases where it is difficult or impossible to obtain an appointment at the Italian Consulate.
If you are of female ancestry or find it extremely challenging to schedule an appointment at the Consulate, this option may be a viable solution for you. It offers a more streamlined process, potentially significantly reducing the waiting period.
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 contest the delay and request a court decision. To be eligible, you must 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 vary from 4,000 to 7,000 euros per person. There is a possibility that the individual amounts may be reduced when members of the same family choose to apply at the same time.
Accelerated Deadline: While waiting times for appointments can stretch for years at some Consulates, the option of the Italian Courts generally offers a much shorter deadline.
The average waiting time is 12 to 18 months.
The costs of filing a lawsuit, including legal representation, court fees and government fees, are usually more manageable when several adult family members apply together. Minors can often be included at no additional cost.
It is important to note that courts may request specific documents with additional apostilles. All translations into Italian must be certified by a local court in Italy.
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 citizenship 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 citizenship 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. We can provide more information and guide you through your process.