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12 November 2024

Italian Citizenship By Descent: Complete Guide For Argentinian Descendants

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Boccadutri International Law Firm

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Boccadutri is an Italian law firm that specialises in assisting international clients with legal matters in Italy. We are able to serve our clients in their native language and also have offices located across the globe that allow clients to meet our lawyers without having to travel to Italy.Our international offices are located in Palermo, Milan, Rome, London, Barcelona, New York, Bucharest, Krakow, Rosario, Istanbul, Sydney and Rio de Janeiro. We are also well placed in Italy to attend court hearings and other local matters with our offices in Milan (North) and Palermo (South).Boccadutri specialises in a wide range of Italian matters such as personal injury, real estate, civil law, forex, and administrative and criminal litigation matters. All our expert lawyers are fully qualified and specialists in their respective fields.
Argentina represents a unique case in the history of Italian emigration abroad. Unlike other destination countries, Argentina never required Italian immigrants to renounce their original citizenship...
Italy Immigration

Argentina represents a unique case in the history of Italian emigration abroad. Unlike other destination countries, Argentina never required Italian immigrants to renounce their original citizenship, creating an advantageous situation for their descendants who now wish to apply for Italian citizenship.

The Great Italian Immigration to Argentina: Roots of an Enduring Connection

Between 1876 and 1976, nearly 3 million Italians chose Argentina as their new home. This massive wave of immigration has profoundly shaped Argentine society: estimates suggest that approximately 50% of Argentina's current population has at least one Italian ancestor.

Whether or not this figure is precise, numerous Argentinians have already had their Italian lineage verified and their right to Italian citizenship recognized.

Historically speaking, several factors drove the large-scale emigration from Italy to Argentina:

  • Italy's post-unification economic crisis
  • Argentina's immigrant-friendly policies
  • Abundant land and employment opportunities
  • Established Italian communities

A Critical Factor: Retention of Italian Citizenship

Unlike the United States or Brazil, Argentina never required immigrants to renounce their original citizenship. This lenient policy toward foreigners stemmed from Argentina's need to attract workers and position itself as a more appealing destination than North America or Australia.

This historical circumstance has significant implications for descendants of Italian immigrants who now wish to apply for Italian citizenship. For these individuals, understanding the process of applying for Italian citizenship by descent is crucial.

The Legal Framework: Argentina's Unique Status

Argentine legislation has historically promoted the integration of Italian immigrants without requiring them to surrender their original citizenship. The Argentine National Constitution of 1853 (as amended), specifically Article 20, guarantees foreigners the same civil rights as citizens and makes no distinction between natural-born and naturalized citizens, effectively allowing dual citizenship.

"Artículo 20: Los estrangeros gozan en el territorio de la Confederacion de todos los derechos civiles del ciudadano: pueden ejercer su industria, comercio y profesion; poseer bienes raices, comprarlos y enagenarlos; navegar los ríos y costas; ejercer libremente su culto; testar y casarse conforme á las leyes. No están obligados á admitir lá ciudadanía, ni á pagar contribuciones forzosas extraordinarias ...".

"Article 20: Foreigners enjoy within the territory of the Confederation all the civil rights of citizens: they may engage in industry, commerce and profession; own immovable property, and purchase and pledge it; navigate rivers and coasts; worship freely; make wills and marry according to law. They are not bound to citizenship, nor are they obliged to pay compulsory or extraordinary contributions..."

The first comprehensive Argentine citizenship law, the Citizenship Law No. 346 of 1869, established the principle of jus soli (birthright citizenship) while allowing foreign immigrants to retain their original citizenship even after naturalization.

This was followed by the Immigration and Colonization Law No. 817 of 1876, known as the "Avellaneda Law". This legislation, enacted after the initial waves of mass immigration, actively encouraged European immigration, guaranteed immigrants' rights and protections, and didn't require Argentine citizenship for residency.

Italian Legislation: Historical Development

Italian legislation evolved parallel to Argentine law. The Italian Civil Code of 1865 first introduced the principle of citizenship by descent (jus sanguinis), which remains in effect today: citizenship passes from parent to child, and emigration to another country doesn't automatically terminate it.

Law 555 of 1912 marked Italy's first comprehensive citizenship legislation, reinforcing the principle of citizenship by descent. The current citizenship law, Law 91 of 1992, maintains this principle while explicitly recognizing dual citizenship and allowing recognition of Italian citizenship through ancestry without generational limits.

The Interaction of Both Legal Systems: Advantages for Argentine Descendants

The combination of Argentine and Italian legislation creates a particularly favorable situation for several reasons:

  1. Transmission Continuity
    • Argentine law never required renunciation of Italian citizenship
    • Italian law didn't provide for automatic citizenship loss
    • These factors ensure uninterrupted transmission of Italian citizenship
  2. Documentary Evidence
    • Argentine laws required precise immigrant registration
    • Argentina's civil registry archives are well-maintained and accessible
    • Documentation needed to prove lineage is generally available
  3. Mutual Recognition
    • Both countries accept dual citizenship
    • No conflicts exist between the legal systems
    • Recognition procedures are well-established
  4. Bilateral Agreements
    • Numerous agreements between Italy and Argentina facilitate:
    • Document exchange
    • Recognition of public records
    • Administrative cooperation

Documentation Required for Italian Citizenship Applications

Gathering the required documentation is a crucial phase in applying for Italian citizenship by descent. Submitting a complete and accurate file is essential to avoid delays or rejections.

Documentation for the Italian Ancestor

The documentation required to verify the continuity of lineage includes several standard documents, though specific requirements may vary by consulate or municipality.

For instance, some consulates or municipalities specifically require complete copies, while others prefer multilingual versions. Some accept digital submissions via certified email (PEC), while others require hard copies. Therefore, while a birth certificate is always required, the exact format depends on the processing authority.

Required documents include:

  • Birth certificate of the Italian ancestor
  • Marriage certificate of the Italian ancestor
    • If married in Italy: Extract from Italian Municipality records
    • If married in Argentina: Argentine certificate with translation and apostille
    • All marginal annotations must be included
  • Death certificate of the Italian ancestor (if applicable)
    • If death occurred in Italy: Extract from Italian Municipality records
    • If death occurred in Argentina: Argentine certificate with translation and apostille
  • Historical residence certificates where required

Documentation for Intermediate Generations

For each person in the line of descent, from the Italian ancestor to the applicant, the following documents are required:

  • Birth certificates
    • Argentine documents must include translation and apostille
  • Marriage certificates (crucial for documenting surname changes)
    • Argentine documents must include translation and apostille
  • Applicant's personal documentation

Processing Timeframes for Italian Citizenship Recognition

Processing times for Italian citizenship recognition can vary significantly based on multiple factors. Understanding these variables is essential for proper planning.

Application Processing at Argentine Consulates

Italian Consulate General in Buenos Aires:

  • Extended waiting periods (minimum 2-3 years) plus processing time
  • Key characteristics:
    • High volume of applications
    • Online appointment system
    • Potential for earlier slots due to cancellations

Italian Consulate in Córdoba:

  • Moderate waiting periods (1-2 years) plus processing time
  • Key characteristics:
    • Lower application volume than Buenos Aires
    • More streamlined management system

Italian Consulate in Rosario:

  • Moderate waiting periods (1-2.5 years) plus processing time
  • Key characteristics:
    • Management efficiency between Buenos Aires and Córdoba levels
    • Seasonal variations in processing times

Italian Consulate in La Plata:

  • Extended waiting periods (minimum 2-3 years) plus processing time
  • Key characteristics:
    • High concentration of Italian descendants
    • Timeline similar to Buenos Aires

Application Processing in Italy

Large Municipalities (100,000+ residents)

  • Longer processing times due to:
    • High application volume
    • Complex bureaucratic procedures
    • Inter-office coordination requirements

Medium-sized Municipalities (30,000-100,000 residents)

  • Moderate processing times due to:
    • More efficient management systems
    • Smaller application backlog
    • Greater administrative flexibility

Small Municipalities (under 30,000 residents)

  • Shorter processing times due to:
    • Direct communication with offices
    • Streamlined procedures

Factors affecting processing times

  1. Application Complexity
  2. Straightforward cases (2-3 generations, no discrepancies): Standard processing times based on location
  3. Complex cases (4+ generations): Significantly longer processing times
  4. Cases requiring document corrections: Extended processing times due to additional research and municipal declarations
  5. Documentation Completeness
  6. Complete and accurate documentation: Standard processing times
  7. Incomplete or incorrect documentation: Extended processing times for additional document requests and corrections
  8. Seasonal Factors Common processing delays during:
  9. Italian summer (June-August)
  10. Argentine summer (December-February)
  11. Holiday periods
  12. Peak application seasons
  13. Administrative Variables Potential delays due to:
  14. Staff changes or shortages
  15. Procedural updates and adaptation periods
  16. Extraordinary circumstances (e.g., pandemic)
  17. Some municipalities, even smaller ones, face significant backlogs exceeding their processing capacity

Time optimization strategies

Several approaches can help optimize processing times:

  • Conduct preliminary file reviews to ensure:
    • Complete documentation
    • Consistent ancestor data
    • No discrepancies in dates or names
  • Prepare translations and legalizations in advance
  • Consider joint family applications when multiple family members are eligible
  • Consider legal action through Italian courts if consular waiting times are excessive
  • Research average processing times for different municipalities if considering relocation to Italy
  • Monitor application status regularly for potential document requests
  • Maintain comprehensive copies of all submitted documentation

Comparing Application Options

Consular Route in Argentina:

Advantages:

  • No relocation required
  • Lower living expenses during processing
  • Familiarity with local procedures

Disadvantages:

  • Extended appointment waiting times
  • Limited direct application monitoring
  • Risk of appointment cancellations or postponements

Municipal route in Italy:

Advantages:

Disadvantages:

  • Relocation to Italy required
  • Higher living expenses
  • Logistical challenges

Benefits of Italian Citizenship

Obtaining Italian citizenship offers numerous advantages:

  • Freedom of movement throughout the European Union
  • Access to European educational institutions
  • EU-wide employment opportunities
  • Ability to pass citizenship to descendants
  • Italian consular protection worldwide

The historical ties between Italy and Argentina have created unique opportunities for descendants of Italian immigrants.

Argentina's policy of not requiring Italian immigrants to renounce their original citizenship provides a significant advantage for those seeking Italian citizenship recognition today.

While the process of obtaining Italian citizenship recognition can be complex—involving document searches, discrepancy corrections, bureaucratic procedures, and interactions with authorities—professional legal assistance can be invaluable.

An experienced citizenship attorney can evaluate your case before submission to determine eligibility for citizenship by descent and assess whether court proceedings might be appropriate, helping you avoid a potentially lengthy and complex process without proper grounds.

The content of this article is intended to provide a general guide to the subject matter. Specialist advice should be sought about your specific circumstances.

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