Italian citizenship provides numerous benefits for Brazilians, especially families with children or those who wish to study at an American college. “A properly recognized Italian immigrant from Brazil will be a legal immigrant in the US and will have the same rights as an American,” explains RSDV & Avv CEO Renato Lopes. Domenico Morra – Italian Citizenship. “The extension of rights to children, also holders of Italian citizenship, allows them to attend public schools,” he adds.
Apart from the USA, studying in any of the 27 member countries of the European Community is a major attraction for Brazilians with dual citizenship. “Today’s Italian passport is considered the third strongest in the world,” says expert Renato Lopes, CEO of RSDV & Avv. Domenico Morra – Italian Citizenship. This means that it is one of the least in need of visas. “For those who want to study, some European universities are very affordable, with investments between 800 and 1,200 euros per year of study. This opens up many opportunities for exceptional training, given that the annual investment there is equivalent to or even lower than what is paid in some Brazilian universities per month, ”says the executive.
It is estimated that in Brazil, more than 35 million people have the right to Italian citizenship, that is, they can claim recognition as a citizen of that country by the local government. In 2018, for example, the number of processes for this purpose hit a record in São Paulo, with a 45% increase over the same period of 2017.
Earlier this year in Italy, there were a number of cases involving the cancellation of citizenship proceedings. For this reason, care must be taken when choosing the best path. As explained by Renato Lopes, expert of RSDV & Avv. Domenico Morra – Italian Citizenship, it is currently possible to obtain dual citizenship in three ways: by Comune (proceedings for residence) in Italy, where the entire process is administrative; may also be performed administratively through the Italian Consulate in Brazil; or through the local court, when individually or collectively a lawsuit is filed with the court in Rome, Italy.
According to Lopes, who has been working with the recognition processes of Italian citizens in Brazil and around the world for over nine years, the judicial route is currently the one that offers the most guarantees against fraud. But the expert warns: “Like any lawsuit, the process will be based on the documents presented by the applicant for analysis by the competent judge, who may grant or reject the request for citizenship,” says the CEO.
If all documentation is correct and the relationship is legitimized, the judge decides in favor of the plaintiff. “When the lawsuit in the Italian court is considered final, that is, with final decision, the Brazilian will have official approval issued by a court, which makes the process irrevocable, providing greater security than other means,” says Lopes. .
To start the process via legal action, recommends Lopes, the applicant should gather as many documents as possible – birth certificates, marriage etc. – the Italian (ascending) family antennate. “It is important to emphasize that the Italian government does not require a minimum degree of kinship between the Brazilian applicant and the antenato,” explains the expert.
Thus, Brazilians who have grandparents, great-grandparents, great-grandparents, or other blood relatives in the family “family tree” admittedly born in Italy are apt to be considered citizens of the country. However, there are some cases in which citizenship is not allowed, as Lopes points out. “If the relative from Italy to Brazil has obtained Brazilian naturalization before the birth of the first child, the applicant automatically or the applicants cannot be recognized as Italians in the family line for dual citizenship purposes”, he explains.
After the certificates – from both the Italian background and the claimants – have been gathered, the documentation is sent to a lawyer in Italy, in this case Domenico Morra, an Italian lawyer specializing in the recognition of Italian citizenship since 2006, and graduated from Università degli Studi del Molise at Campobasso in Italy. He will be the legal representative of the claimants and will file the lawsuit in the court of Rome, pending judgment by the judge. According to Domenico Morra, there is no time for the action to be tried. “Today, on average, the cases sent from Brazil and opened in Italy have taken 12 to 18 months for the final judgment (final decision),” he says.
After the final judgment, it will be necessary to wait three to four months for the Comune to transcribe the decision, approving the applicant as an Italian citizen. “It can be said that the whole process, from the lawsuit to the document in hand that allows taking the pass