Lawyer needed for Italian Citizenship?

Lawyer needed for Italian Citizenship?

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Do you need a lawyer if you’re pursuing your Italian citizenship?

Q:  Do you need a lawyer to get your Italian citizenship? Isn’t the Italian consulate sufficient to manage the process?

A: We see this question asked repeatedly online, in every group, in multiple chats, in every place non-Italians congregate to share advice with each other about how to navigate the process of obtaining your Italian citizenship.

You are not required to hire a lawyer to prepare and file an Italian citizenship application. And if you do not hire a lawyer who has a long history of many successful Italian citizenship applications, it would likely be a waste of your money. Furthermore, you do not need an experienced Italian citizenship lawyer unless time, predictability, efficiency, tax opportunities, estate planning, and convenience are important to you.

But many people opt to engage support due to a variety of reasons, including some examples below:

  • the specific requirements that can vary from authority to authority (e.g. the Consulate, Comune, Questura)
  • navigating record discrepancies which can affect recognition of Italian citizenship and can stop an application in its tracks
  • bloodline interruption and if there is a path forward to overcome it
  • citizenship via the Italian court system which requires an Italian lawyer to file the claim and represent the applicant during the court proceedings
  • citizenship application filed with a municipality in Italy, as opposed to via a Consulate
  • how to time the application with respect to moving plans, job opportunities and cross-border tax liability
  • Consulates and courts are now applying the 1912 regulation which can change the options available to some

What value would Studio Legale Metta lawyers provide throughout the citizenship process?

Research: people who manage the citizenship process on their own spend a significant amount of researching how to do that, the documents they need, in what format, how to resolve name inconsistencies, etc.  And of course doing your own research means trying to decipher which advice is correct/up to date and avoiding the bad advice we see all the time online (not just in FB groups but tons of sources that might seem reputable are not).  Our clients don’t have to do that as we tell them what they need to know, what to get, we provide the specific links to the correct portals or agencies and then we review the vital records, check all record for consistency and provide guidance on how to resolve discrepancies, proper dates, etc. 

Background checks: what do you need, federal or state or both? They depend on personal circumstances, the process you adopt to claim citizenship and the specific policies of the authorities who will receive your application.

Vital records: which type do you need? Is there something on the back of the record you receive? Are there name inconsistencies? Or other inconsistencies, like in dates or places? What’s the best way to correct them if they exist? It will depend on the nature of the inconsistency, the document in which they are found, etc.

Local specialists: we have associates in the US and the UK who can retrieve vital record and address inconsistencies via the courts, if necessary, and do whatever else is necessary in those jurisdictions. We instruct them so that you have one point of reference only: us. We can identify the most cost effective way to resolve those issues because there are usually multiple ways to resolve it, keeping in mind how that affects downstream issues (like timing, residency, taxes, etc.).

Strategy: an important piece of the puzzle is identifying the strategy that best fits all the needs of the client.  For example, if you have limited time, how do you best allocate that time?  Perhaps you need 5 certificates and because we know which ones will take the most time, we can advise you to start there, instead of starting with the easier documents first and then delaying the process.  Is it better to apply for citizenship via the Consulate or the Comune? What would each option imply based on the specific personal circumstances and needs? So our team provides a ton of strategic advice on citizenship, far beyond vital records retrieval and organization.

Share here your background to see if you qualify. We will review of your circumstances and advise you about next steps.

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The information presented in the Studio Legale Metta website has been written and reviewed by Italian lawyers. However, it should not be construed to be legal advice, nor promotion of the establishment of a relationship between lawyer and client. The case studies and answers contained in this website pertain to the specific situation referenced and should not be understood to generally apply to other circumstances. Persons accessing this website are encouraged to seek independent counsel for advice concerning their individual needs for legal assistance.

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