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Citizenship for female ancestor
Citizenship for and from a Female Ancestor Print E-mail
The italian woman and the woman of italian descent give the right to Italian citizenship only to the sons and daughters born after 1/1/1948.
In addition, if the Italian woman married a non-Italian citizen before the 1948, she lost her Italian citizenship.

Now there is an important update.

In a decision against this discrimination of Italian women by not affording her the right to pass citizenship to her son, the Italian Court of Cassazione, the highest Italian Court, on February 25, 2009 decided that this discirimination should cease and awarded Italian citizenship to the son of an Italian woman who lost her Italian citizenship by marring a foreign citizen.

After this decision, another Italian court agreed.

As the lawyer of a Brazilian family, whose members, born before 1948, include the grandson of an Italian woman, I won a trial against the Italian Minister of the Interior in the Court of Rome in March, 2009.

On February 29 th, 2010, I won my second trial for a family from Colombia that has the same female descent, where the judge awarded to this family the Italian citizenship.

Here you can see the decision of the judge of the Court of Roma.

On July, 2010, I won my third trial, still for Colombian family.

In the next weeks I will receive the whole Court decision that will be added on my internet site.

Here you can see the communication of the Court of Roma.

After these decisions of the Italian Courts, now is the best moment to obtain Italian citizenship as an Italian descendant of a female Italian citizen born before 1948: we have good chances of winning the trial against the Italian government since the Italian judges must take into consideration the legal precedents set by the Court of Cassazione.

You do not need to be present in Italy to participate in the trial. You can send us the power of attorney to represent you at trial with the documents that show your Italian origin.

Every member of your family (brothers, sisters, uncles, cousins, etc.) who share the same Italian ancestor can join the trial.

Won the trial, the Italian civil registry will register you (and any other  family members that joined the trial) as Italian citizens. You can then apply for Italian passport in the Italian consulate in your area of residence.

This process can be made only in the Court of Roma, it is necessary a  lawyer assistance. It is not possible to make this process in the italian consulates, nor in  
an italian Comune.

Here you can see the Court of Rome’ s decision in March 2009 where I represented the Brazilian family

Here the certificate of italian citizenship of one of my clients of the trial won

Here the entire Court of Cassazione decision of February 2009

Here just the last page of the Court of Cassazione decision where the Court awards Italian citizenship


TESTIMONIAL OF THE BRAZILIAN FAMILY OUR CLIENT WHO GOT THE ITALIAN CITIZENSHIP MAKING THE TRIAL AGAINST THE ITALIAN GOVERNMENT

Several years ago, our family applied for recognition of our Italian citizenship at the italian Consulate in Brazil. We realized from the beginning that our case posed significant challenges because our Italian ancestor was a woman and her descendants were born prior to 1948. We knew in advance that prior to 1948, the Italian laws did not allow women to transfer their Italian citizenship to their descendants.

However, having heard that some people in our same situation had actually
still been granted citizenship, we decided to pursue it anyway.
Unfortunately, our attempt was not successful. We were informed by the consulate that in our case it was impossible by italian law to get the italian nationality.

Then one day we heard of the lawyer Luigi Paiano through our lawyer in Brazil.
Luigi analyzed all our documents and told us that our case could succeed.
It would depend on the justice system and the decision of the particular judge hearing our case. It was a hard decision to make because at that time there were not many people who had succeeded in situations like ours.
Even though the outcome was quite uncertain, we decided to try anyway.

Luigi sent us a contract engaging him as our representative in the Italian Court. Once we signed it and returned it with the appropriate fees, the case began. The proceedings took two years, but it was worth it.

In March of 2009, the judge decided in our favor and some months later we received the certificate of citizenship from the Comune of our Italian ancestor. I was then informed by the Italian Consulate in London, where I lived, that I could be registered as a resident and then immediately request an Italian passport just as any Italian would. A little while later, my Italian passport arrived.

My parents, who live in São Paulo, Brazil, are still awaiting theirs. Now that there are more and more people requesting recognition of their citizenship this way, the procedure is even easier because there is more and more case law. Nevertheless, the procedure remains rather complex and requires the assistance of an extremely competent and professional attorney such as Dott. Luigi Paiano.

We are very grateful to him and look forward to the opportunity of meeting him and thanking him in person someday.

Luciano, Ana Cristina e Fernando.