(updated 12.05.23)
If you’ve been waiting endlessly for an appointment at an Italian Consulate to submit your application for Citizenship, stop! Because everything has changed!
There is no denying that it can take years to collect, legalize, and assemble your documents to prove that you’re Italian but the most frustrating part isn’t the documentation at all, but getting an appointment to simply submit your documents is taking years!
Why is getting an appointment so difficult?
Well, it has always been a waiting game, where pre-pandemic most people had to wait a year or more for their appointment. Let’s face it, there are thousands of people who want to claim their citizenship, so the wait is long.
But now, the rush to citizenship is increasing and Consulates are still backed up from canceling thousands of appointments during Covid. Add new requests, to old cancellations, and it is clear that the wait will be very, very long.
In some cases, there are simply no appointments available or the PrenotaME system (the online appointment booking system) is closed, which goes against Art. 3 D.P.R. 362/1994, which says that Italian Consulates has up to two (2) years to process an application.
Let’s clarify what this means.
The Consulate has up to two years to “process” your application from the date that they receive it. It doesn’t say they must allow you to apply within that time frame, but rather to process your application once you’ve submitted it.
Easy to understand, right? Two years to review and confirm a completed application should be plenty of time.
But what if you can’t even get an appointment to submit your application for review? How can the two-year law requirement protect you, when you can’t get your application in front of them in the first place?
How can you win the race if you can’t even get out of the starting gate?
The good news is there is a way. A new way, well, sort of as there have been precedent rulings since 2019 on a process called the “no appointment” petition.
This court ruling in Rome agreed that not being able to get an appointment, or having to wait for over two years to get one is the same as a “denial of justice” which is a condition for fast-tracking the case in front of the judge who will ultimately grant Italian citizenship here in Italy. Essentially you will be moving the jurisdiction from your home consulate to Italy.
What this means is you can now apply through a court in Italy, instead of waiting endlessly for an appointment at your Consulate.
And the success rate is 100% according to Avv Arturo Grasso, our Citizenship lawyer for Smart Move Italy.
This is significant because until now, you had to wait almost six years for recognition, now, in just a little more than a year, you can be holding your Italian passport in hand!
If you have been struggling with getting an appointment, faced with the no green slots available, open calendars booked for three + years, or they’re simply not even accepting appointments you now have options, but you need proof.
Prove It
There are two tests that you must pass to qualify for a No Appointment petition.
You can only petition the court in Italy for a “no appointment” case if you can prove that you were not able to book an appointment at the Italian Consulate in your jurisdiction. This is important. The designated Consulate will depend on where you live. If your residential address points to San Francisco (who are taking appointments) you cannot petition because you couldn’t get an appointment in New York.
You must be able to prove you could not get an appointment in the Consulate of your jurisdiction.
Your Italian ancestor must not have naturalized while the next generation was still a minor (under 21). This is very important, as currently there is an appeal in the courts testing the condition of a minor child and their right to citizenship.
Now if you are saying WHOO HOOO! That’s me! Take my case to court Samantha! Hang on, because here’s what evidence you need to support your petition. To prove that you have a no–appointment case based on a denial of justice, you will need to do one of these three things:
Take a screenshot every day of the closed or blocked calendar. Take them at different times for a minimum of 4 weeks - in the Italian version of the website.
or,
Take photos of notices on doors of closed Consulates or screenshots of closed Prenota systems. Make sure they show the date and time.
or,
Save emails of canceled appointments if they do not provide you with a new appointment or and alternate option.
We need to see at least a month's worth of trying to book an appointment to file a no-appointment case in Italy" Says Avv. Arturo Grasso, our lead Citizenship lawyer based in Rome.
When asked what the likelihood of success was, he was quite positive.
“Well, there is precedent in the Courts now that agree that the Consulates must provide the availability for Italian citizens to apply for their citizenship, and by not being able to make an appointment, it’s the same as a denial. And this is why we have had 100% success rate, even in the smaller courts outside of Rome.”
How long does it take?
The procedure is very similar to a 1948 case (petitioning the unconstitutional law where a female ancestor lost her right to pass on her citizenship due to marriage) in that the time frame can be between 12 – 24 months from the time the case is filed in the court of your ancestor. “Yes, there is still time to wait, but it can be earlier depending on the Judge's calendar. We recently had a 1948 case that only took a few months, although that was an anomaly, it is possible,” adds Avv. Grasso.
Yes, applying through a no-appointment case can still take up to two years from the time the case is filed in court, but after those two years, you are finished! Through a Consulate, you can wait two years for an appointment and then up to another two years for a decision, that is if your application is correct and you haven’t received any “homework”. It isn’t fast, but nothing is in Italy."
During our years of helping people claim their Italian Citizenship, this is one of the most exciting decisions to date. This is because for many people, there is now another option on how to apply for your citizenship and, that may be more beneficial in the long run.
But wait, there’s even more good news!
More than one person can be included in the same petition, as long as they live within the same jurisdiction and were also denied an appointment.
What this means is that in one decision, everyone in the family can be granted citizenship. All you need is an Italian lawyer that is an expert in this matter to represent you throughout the process by way of a power of attorney and you never have to spend a day in court.
To recap, in order to apply for your citizenship through a No Appointment Petion you must:
Be denied an appointment at a Consulate in your jurisdiction and,
Ensure that your ancestor either never naturalized, or naturalized after the next in line was 21 years old.
So, what are you waiting for? If you think your case qualifies for a no-appointment petition book a free call so we can learn more about your family line, answer your questions and help you and your family's dream of becoming a Dual Italian Citizen come true!
Book your FREE 15-minute consultation
Maybe you’re Italian and you don’t know it? Take our 2 min quiz and find out if you qualify! https://smartmoveitaly.com/italian-citizenship