After World War II, Italy experienced a mass migration of Italians seeking a brighter future abroad. For many on the path to Italian citizenship, this migration is an integral part of our family histories. Although obtaining citizenship through the paternal line is the only way through the consulates or comuni, it is possible to go through the maternal side with a 1948 case. Prior to 1948, Italian citizenship was only passed down through the male bloodline. The landmark 1948 Constitution rectified this gender inequality, but its legal impact wasn't retroactive. So now you may be wondering how this applies to you and how to figure out if you are eligible for a 1948 case.
Understanding the 1948 Case for Maternal Bloodline Citizenship
Citizenship derived from a maternal line is referred to as a 1948 case because 1948 was the year women were legally allowed to pass down their citizenship to the next in line, previously something only men could do. In order to determine if your route to citizenship is a 1948 case you need to know if the next in line was born before or after 1948.
What this means: At some point in your Italian lineage, there is a woman in your direct line prior to 1948. If she gave birth to the next in your line PRIOR to 1948, you have a 1948 case. If she gave birth AFTER 1948, you can take your case to a consulate or comune because the law allowed women to pass on their citizenship after 1948.
Example of a 1948 Case: Great Grandparents immigrated to the US in 1915 (Great Grandfather either did not naturalize or naturalized after the next in line turned 21) → Grandmother was born in the US in 1920 → Father was born in the US in 1946
If the Father in this line was born after January 1st 1948 this would be a regular consulate case because the female in line gave birth to the next in line after the 1948 ruling.
Maternal Lineage as a Viable Path to Citizenship
1948 Cases can open up alternative lines that previously went unexplored. With all the focus on paternal lines, those seeking Italian citizenship often overlook viable alternatives. Right now, many of our clients are looking to these alternative lines due to ‘The Minor Issue’.
The Minor Issue: When the line to citizenship is cut because the last ancestor born in Italy naturalized before the next in line became an adult. (21 years old before 1975, 18 years old after 1975)
If the recent circolare regarding ‘The Minor Issue’ has left you wondering what to do next, try taking a look at the women in your family’s line. Let’s reimagine the same scenario from above with a few changes:
Great Grandparents immigrated from Italy to the US in 1915 → Grandmother was born in the US in 1920 → Great Grandfather naturalized in 1930 when Grandmother was still a minor (paternal lineage is now cut under ‘The Minor Issue’) BUT Great Grandmother never naturalized…
The new line would now start with the Great Grandmother who retained her Italian Citizenship and passed it on to her children.
The Takeaway:
If the dream of having your Italian citizenship recognized has been put on hold by ‘The Minor Issue’ or other disqualifying issues, a 1948 case may be the right path for you. Ready to learn if you qualify? Book a free 30 minute consultation with us at Italian Citizenship Concierge.