Jure Sanguinis: Applying in Italy

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Getting the permesso for the Application Process

There has been a lot of talk on many forums stating that it is not possible to obtain citizenship via juris sanguinis in Italy.  This is in fact not true.  You can apply for recognition in Italy.  Unfortunately, many comune do not know about this though so if you plan on applying for recognition this way you may have to do a little pushing.  A letter was sent to all mayors in Italy back in 1991 from the Minister of the Interior which tells them to follow the guidelines.  This letter is called Circolare k28 (1991). Another letter was sent to all prefects (prefetture) from the Minister of the Interior in Italy in 2002 telling them to follow the guidelines of citizenship and it also says that the prefects need to let the comuni know about this.  This letter is called Circolare 28 (2002). 

Hopefully someone will be willing to translate the circolare (directives) below but the basics are, if you have the right to citizenship due to bloodline, you can come to Italy and apply and the questura and comune are required to approve a permesso per attesa di cittadinanza (permit to stay with motive being applying for citizenship) and give you residency. This permesso may give you the right to work**. This is a great option though for those who do not want to wiat in their home country and can afford to live in Italy for the 2 years it may take even if they cannot find a job.

With this letter, the Ministry of Interiors recommends to all Cities and Towns to "iscrivere nell'anagrafe" (REGISTER AS PEOPLE LIVING THERE) foreign citizens who descend from Italian Citizens 'by birth' and had a "valido permesso di soggiorno" (VALID PERMIT TO STAY), which is a "condizione indispensabile per avviare in Italia la procedura per il riconoscimento della cittadinanza 'jure sanguinis'" (INDISPENSABLE CONDITION TO START THE PROCESS OF ACKNOWLEDGMENT OF CITIZENSHIP 'JURE SANGUINIS' IN ITALY). Also, the letter states that the descendants of Italian citizens who hold a valid permit to stay must be registered without consideration of the period they have been living there, and without consideration of the reason why they hold said permit.

The process is pretty straight forward:

First collect all the paperwork the way the consulate wants for citizenship and have everything apostilled and translated.

Go to Italy and before the 8th day go to Questura to get a PdiS for tourism (you will need to buy a marca da bollo (tax stamp), and bring your passport, 6 passport pictures and present a health insurance to cover you for the following months, and some proof of residence -friend's house, hotel, anywhere they can locate you for the following days).

After you get the PdiS for tourism, go to the Comune with all of your paperwork for citizenship and your PdiS.  The comune employee reviews it (fast) and then gives you a paper -to present at the questura- saying that they have to give you a PdiS per attesta di Cittadinanza.

So, after you get this paper from the Comune you go to the questura to upgrade your PdiS and you additionally need to show them that your health insurance covers you in Italy for 6 months (has to be all prepaid, you could get it for from 200 to 400 euros there) and that it covers for maternity if you are female. The 6 months coverage is because this is the time the cittadinanza takes (in theory).

Once you have the PdiS per Cittadinanza, you bring (but do not leave) again your folder with the vital records the Comune to prove your residency in Italy (either a rent in your name or a letter of somebody who rents or own a property in the area under that comune saying that you are living with him/her).

If the comune knows what you are talking about (and you do not have to show them the circolare K.28 and defend your right of getting a PdiS per Cittadinanza within 10 days of your arrival in Italy), you could reach this point a week or two after arriving in Italy and will be able to work. But, if you have to prove to them the law, then it may take you a month more.

The proof of residency takes about a month (in theory a maximum of 60 days but it happens within 2-3 weeks if they find you during the first visit). The police checks that you live where you say you were living, if they do not find you they leave a paper and you have to go within 24 hours with the paper to the police. If you cannot make it within 24 hours you go later and they send again somebody to check you live there.

After the police verifies your residency and once you have a paper saying that yes, you actually reside where you say you do, then you go to the comune with this paper and your vital records, only that this time you leave everything there. The Comune at this point will contact the consulates of the countries where your ancestors were born to check that nobody lost the right to Italian citizenship and also to enquire if a signatures doesn't seem valid, they do all this via fax and they get their replies via fax (later on via mail, but they use the fax to speed up the process, but still this part takes at least 6 months). Then they send the paper work to the comune where your ancestor was born, and once they transcribe your vital records and your ancestors they inform the comune where you reside, and they will inform you that your citizenship is officially recognized.

If the clerk at the comune does not know about your right to apply in Italy via the circolare, please print out these two pages ( Circolare 28/2002 and Circolare K28/1991 ) and bring them with you to show them.  You should also refer them to the Anusca site which is a site the comuni in Italy use to converse between themselves and to answer questions.

**Work is not always possible with this type of permesso but it may be.  Here is a question and answer from La Repubblica's Foreigner's Section:

Vorrei assumere un ragazzo brasiliano in attesa di cittadinanza (suo nonno era italiano). Al momento, pero', sta aspettando il permesso di soggiorno e ha solo un tagliandino su cui e' scritto "attesa cittadinanza" rilasciato dalla questura. Posso assumerlo "a progetto"?
Patrizia (Rimini)

La legge attuale non consente di lavorare con un permesso per attesa cittadinanza; tuttavia, alcune questure lo consentono. Le consiglio quindi di chiedere un parere alla questura del luogo in cui il ragazzo lavorera'.
(Elisa Pau -- Cna Interpreta)

QUESTION: I would like to hire a Brazilian young man who is waiting for his citizenship (his grandfather was Italian). Currently however, he is waiting for his permesso di soggiorno and he only has the receipt on which is written "attesa cittadinanza (awaiting citizenship) taht was given by the questura. Can I hire him "a progetto"?

ANSWER: The actual law does not allow working with a permesso per attesa cittadinanza; that being said, some questure allow it. For this I recommend asking the questura in the place that the young man will work.

So as with everything, the questura can do things that they wish.



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