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T.DePas
T.DePas, Attorney
Category: European Law
Satisfied Customers: 456
Experience:  Solicitor - Ph.D. Doctor Europaeus in EU law
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Jus Sanguinis question.... I am hoping to qualify for IT. Citizenship

Customer Question

Jus Sanguinis question.... I am hoping to qualify for IT. Citizenship through my maternal side and would like confirmation the following is acceptable:

Me (b.1974)-->mother (b.1955)-->grandmother (b.1932; married 1950)-->great grandfather (b.1900 in Sicily; arrived in America 1911; married 1921; naturalized 1940)

Also, my grandmother received a divorce in 1972 so getting her 1st husband's (my mother's father) birth certificate may not be possible. Is it an absolute must have?
Submitted: 1 year ago.
Category: European Law
Expert:  T.DePas replied 1 year ago.
Dear customer,

Thank you for contacting JustAnswer.

Could you please specify if your mother is an Italian citizen?

I look forward to your response.

Best,

Tiziana
Customer: replied 1 year ago.
Neither my mother nor my grandmother are Italian citizens. From what I've read, if I become a citizen through their bloodline, they automatically become citizens, as well.
Expert:  T.DePas replied 1 year ago.
Dear XXXXX,

Thank you for clarifying your situation.

I am afraid to inform you that, according to the information you gave me, Italian law on acquisition and loss of nationality, you are not entitle to acquire Italian citizenship as you would need to have an ascendant (maximum second degree, i.e. parents or grand parents) and meet the conditions that I am going to describe below.

Article 4 of l. 91 of 1992 provides that if you have Italian born first or second degree ascendants you can acquire Italian nationality in one of the following cases:

"a) if you offer your military service for the Italian State, declaring at the beginning that you intend to apply for Italian citizenship at the end of the service;

b) If you work as a public employee for Italy even abroad, declaring at the beginning that you intend to apply for Italian citizenship;

c) If you have resided in Italy and the 2 years before the application".

You can find a description of the system at the following page of the website of the Ministry of foreign affairs:

http://www.esteri.it/MAE/EN/Italiani_nel_Mondo/ServiziConsolari/Cittadinanza.htm?LANG=EN

I hope this helps. If it does, please do not hesitate to rate my answer positively otherwise I don't get compensation for my reply.

A bonus is very much appreciated.

Of course, I remain at your complete disposal should you need any further information.

Best,

Tiziana
Customer: replied 1 year ago.
But, wouldn't my grandmother qualify? If she went through the process, she should be able to obtain citizenship. Then, if she is a citizen, my mother would qualify because my grandmother married and gave birth to my mother after 1950. If my mother does qualify, then wouldn't I qualify, as well?
Expert:  T.DePas replied 1 year ago.
Dear XXXXX,

Thank you for following-up.

Yes your grandmother as the descendant of Italians parents would qualify but she should still meet one of the other conditions described by Article 4 l. 91/1992.

As mentioned before, she could acquire Italian nationality in one of the following cases:

a) offering military service for the Italian State, declaring at the beginning that she intends to apply for Italian citizenship at the end of the service;

b) working as a public employee for Italy even abroad, declaring at the beginning that she intends to apply for Italian citizenship;

c) residing in Italy in the 2 years before the application".

I hope this clarifies your situation.

Please do not hesitate to rate my answer positively otherwise I don't get compensation for my reply.

A bonus is very much appreciated.

Of course, I remain at your complete disposal should you need any further information.

Best,

Tiziana
Customer: replied 1 year ago.
Why don't we qualify under #1 related to Jure Sanguinis? I don't think you need to go beyond #1 because that is my situation, no?

1. AUTOMATIC ACQUISITION
CITIZENSHIP AS A RESULT OF ITALIAN PARENTS/ANCESTORS (“iure sanguinis”)
Children of Italian parents (mother or father) who are Italian citizens. Citizenship is passed on from parent to child without limitation of generation, on the condition that none of the ancestors has ever renounced their citizenship.
Transmission of citizenship through maternal lineage is possible only for persons born after January 1st 1948.
A minor child living with a parent at the moment in which that parent becomes an Italian citizen also acquires Italian citizenship. Contrary to past legislation, current legislation recognises the right to hold more than one citizenship simultaneously.
Ascertainment of citizenship. When a person claims to be of Italian parentage or ancestry but no proof of the fact can be found in Italian registers, it is necessary to provide proof that all ancestors have maintained, and thereby passed on, their Italian citizenship. The authority legally valid to ascertain these facts depends on the person’s place of residence: for foreign residents, the diplomatic-consular mission in the country of residence; for residents in Italy the official statistics office (Anagrafe) office of the city of residence.
Expert:  T.DePas replied 1 year ago.
Dear XXXXX,

Apologize for my belated answer but I was out for work reasons.

Article 1 applies to children of Italian parents (mother or father) who are Italian citizens at the moment of the birth.

Art. 4 applies to your situation.

I hope this clarifies better your situation.

Please do not hesitate to rate my answer positively otherwise I don't get compensation for my reply.

A bonus is very much appreciated.

Of course, I remain at your complete disposal should you need any further information.

Best,

Tiziana
Expert:  T.DePas replied 1 year ago.
Dear XXXXX,

Please do not forget to accept and rate my answer positively otherwise I cannot get compensation for my work.

I remain at your complete disposal should you need further information.

A bonus is very much appreciated.

Best,

Tiziana
Customer: replied 1 year ago.
I've completed more research and I believe your answer to be incorrect.

http://www.conslosangeles.esteri.it/Consolato_LosAngeles/Menu/I_Servizi/Per_i_cittadini/Cittadinanza/citizenshipbydescent.htm

Italy allows for and accepts dual citizenship by descent (juris sanguinis) even if the applicant does not live or has never lived in Italy.

Please check your facts. I feel like I've had $25 stolen from me. :-((((

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