This term identifies those Jure Sanguinis cases that are not going to be accepted by Italian consulates because of a law gap.

In fact, regular Jure Sanguinis cases entail an uninterrupted lineage of Italian ascendants, starting from an Italian-born one and ending with the applicant. 

“Uninterrupted” is our keyword here, meaning that the Italian line must not be interrupted by any generational gap, or disqualifying element. One more reason for interruption in the Italian line is related to women, and specifically to their legal capability of transmitting citizenship to their children.

Before 1948, indeed, Italian women didn’t have legal rights, including the right to vote and the right to transmit citizenship.

It was only with the promulgation of the Italian Constitution, in 1948, that women’s civil rights and obligation became equal to men’s allowing them to pass down their citizenship status to their children.

Subsequently, it is possible today to claim the right to Italian citizenship even having a so-called “1948 case”. Such cases involve a woman who gave birth to the next-in-line before 1948. However, this will not be a regular application through an Italian consulate, but rather a lawsuit to be filed in a local court in Italy.

Starting from 2009, thousands of cases have been approved following the lead of specialized immigration lawyers in Italy. It is now possible to be granted Italian citizenship for all those claimants whose great-grandmothers, grandmothers or mothers are part of their Italian line.

This specific scenario has been approved by all judges for years, becoming a legal precedent. 

Compared to a regular Jure Sanguinis application through the consulate, a 1948 case can take advantage of the peculiarity of the court-filing process. 

First of all, there is no need to book an appointment with an Italian consulate (which nowadays is proving to be difficult) as our immigration lawyers will prepare your claim, file it in the Italian courts system and represent you at court at the hearing. Your presence will not be required as our lawyers will act on your behalf at court.

Click here to find out what we can do for your 1948 case.

Moreover, the list of the documents to be presented before the judge can be more flexible because of the different nature of the process. In fact, the evaluation performed by the judge is usually more intuitive, compared to the one performed by a consular clerk, who must adhere to strict bureaucratic procedures.

On the other hand, since there is no need for an appointment, more than one applicant can join the claim at the same time: you can decide to involve other members of your family in order to save time and costs.

Book a call today to get the best quote for a comprehensive service package for you and your family.

Talking about costs, these will differ from a regular consular application. You will not be required to pay the consular administrative fee (which is currently €300 per applicant), but you will need to cover the administrative filing fees which can range from €500 to €600 (one fee will be valid for one filing and all the applicants are included). For the lawsuit, you will also need all the translations to be certified, click here to check our dedicated services.

On a final note, filing a lawsuit usually means less waiting time for your approval, from the filing to the final outcome of your case.

If you wish to assess your eligibility as a 1948 case, click below to book your free eligibility consultation with us.