Consulate Denial Appeals: What To Do If The Italian Consulate Denies Your Italian Citizenship Application

Author: Dr. Mark Masi

Key Details

• Recent changes to Italian citizenship by descent laws have led to more denial letters from Italian consulates.
• If a case is denied at the consulate, there may be the option to appeal the decision in the Italian courts.
• Before the final denial, consulates send a correction notice that explains the issues with the application.
• If the issues cannot be resolved by the deadline, the consulate issues a formal rejection to the application.
• One appeal option is a petition to the Regional Administrative Court in Lazio, which must be filed within 60 days of the formal rejection notice.
• A second option is a petition to the Italian Civil Court in the province of your Italian born ancestor, which does not have the 60 day filing deadline.
• Navigating a consulate appeal is a complex process and it is recommended to work with an attorney who specializes in Italian citizenship law.

Increase In Consulate Denials

Recent changes to the laws for Italian citizenship by descent have led to an increase in denial letters from Italian consulates in the United States. This wave of denials has left many wondering what can be done and if there are other options available for those who applied under the previous guidelines. This blog will explore what typically happens when the consulate rejects an application, the options to appeal a consulate rejection, and the overall impact of these decisions on individuals seeking Italian dual citizenship recognition.

Step 1: Look For A Consulate Correction Notice

Before issuing a final denial, in many cases, the Italian consulate will first send a correction notice. This notice usually explains what is missing or incorrect in your file and gives a typical deadline of 10 days to fix the issues. You may reply and ask for an extension, although this is up to the consulate and may not be granted. Common corrections include providing a missing document, supplying a missing translation, or correcting name discrepancies on documents.

If you are able to provide what the consulate requests within the deadline, your Italian citizenship application may continue to be processed. If you cannot correct the application in time, or if the issues cannot be fixed, you will receive a formal rejection notice. The formal rejection notice will state that your application has been denied and that you have the right to appeal the decision with the Italian judicial authorities. At this stage, your file will no longer move forward at the consulate and you have the option to appeal the decision with a court case in Italy.

Step 2: Understand Your Appeal Options In Italy

After a consulate denial, there are two main options to appeal:

Option 1: Petition the Regional Administrative Court in Lazio

• This type of appeal is a petition against the consulate asking the court to reverse the ruling.
• If the court agrees, they mandate the consulate to change the decision.
• Must be filed within 60 days of the date of the formal rejection notice from the consulate.

Option 2: Petition the Italian Civil Court in the province of your Italian born ancestor

• The judge reviews your citizenship case and issues a final decision on the citizenship.
• The Italian consulate must comply with the judge’s ruling.
• Does not need to be filed within 60 days of the date of the formal rejection notice from the consulate.

Step 3: Consult Legal Help

Deciding whether to appeal, and which court to use, should not be based on guesswork. It is very important to work with a professional who specializes in Italian citizenship law and has experience with consulate rejections. The attorney can assess your case to determine if you have a solid legal basis for an appeal, determine whether to petition the Administrative Court or the Civil Court, explain the court proceedings, and represent you in court for the appeal matter.

How ICAP Can Help With Consulate Denial Appeals

If your Italian citizenship application has been rejected by the consulate, or you are worried that your application might be rejected, you do not have to manage this alone. Our legal team at ICAP specializes in appeals to consulate rejections. We can help prepare your case, represent you in court, and guide you through each step from the initial denial to the final recognition of citizenship.

Schedule a call below so we can discuss your case, answer your questions, and help you understand the next steps toward recognition of Italian dual citizenship.