In countries where the number of applications is very high, the time required to process the paperwork and book appointments for the submission of applications can be extremely long and can reach several years.
In a ruling on December 10, 2020, the Court of Rome ruled accepting the appeal of some Brazilian citizens to obtain citizenship iure sanguinis even though the 2 years from the submission of the application at the Italian Consulate in Brazil had not yet elapsed.
Italian Consulates and Embassies, in fact, pursuant to Article 3 Presidential Decree 362/1994 have 2 years to finalize applications submitted for the recognition of Italian citizenship iure sanguinis.
The applicants, prior to the expiration of the aforementioned 2-year time limit, had filed an appeal with the Court of Rome in which they had acknowledged that they had filed an application for recognition of Italian citizenship by descent from an Italian ancestor but that the processing time of the Italian Consulate where the application had been filed was at the time about 10 years.
The Tribunal of Rome ruled on the appeal, finding that unreasonable waiting and response times of the Consulates essentially constituted a denial of justice and, therefore, recognized the applicants' actual need for judicial recourse and granting the application declared them Italian citizens.
The process of recourse to the courts in the case of delays or excessive waiting by Italian Consulates and Embassies abroad must be based on actual and proven reasons and must be duly documented in order to be positively accepted by the Italian Courts.
Your Way to Italy: our assistance
Our team is available to provide support and assistance throughout the process! Contact us to book your first consultation with us and to consider appealing to the Italian Court for Consulates' delays! #YourWaytoItaly
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
Doubts or questions? Do you want more information or receive a consultation? Schedule a meeting with our legal experts on Italian immigration and citizenship law
Keep yourself updated by reading the most recent news and our articles on the most important topics on Italian immigration and citizenship law
Long term visas and residence permits
Citizenship
Short term visas
Tax, legal & more
I AM AN INDIVIDUAL
FAQ - visas and residence permits
FAQ - Citizenship