Qualification through ex-husband

Are you eligible for Italian Citizenship jure sanguinis?

Moderator: Daniel

Qualification through ex-husband

Postby Daniel » Tue Oct 16, 2007 3:05 pm

A user is having trouble logging in and, as I'm afraid I'm up to my eyeballs in customer emails today, I can't devote any time to the issue. Therefore, here's her question as follows!:

Hello there,

I was advised by the Chancellor at the South African Consulate that I could apply for Italian Citizenship due to the fact that I was married to an Italian for longer than three years here in SA. My son holds an Italian Passport thru him. I have since re-married. My divorce is not registered in Italy. Is this Info. correct !

Kind regards
Lynette


Thanks, everyone!
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Postby Em » Tue Oct 16, 2007 4:30 pm

I don't believe this is correct. It is my understanding that you must be married to the Italian at the time you apply.
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Help !!

Postby Lynette » Thu Oct 18, 2007 4:24 am

Hello EM. The Chancellor said I could also go to Italy and spend 15days there. I must produce proof of residing in Italy during that time. I must go to the Home Affairs and have it re-issued ! I held an Italian Passport before. That is how my husband acquired his in the first place !!!

Kind regards
Lynette
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Postby Tiffany » Fri Oct 19, 2007 12:41 am

So who is the original Italian citizen and under what circumstances did that person acquire citizenship?
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Postby Lynette » Fri Oct 19, 2007 3:25 am

Hello Tiffany,
I am the original italian citizen and I acquired mine thru my mother (by birth right). It is weird because everyone else here scored, but me !!

Kind regards
Lynette
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Postby penguindump » Fri Oct 19, 2007 10:22 am

This is very confusing. I'm wondering two things:

1: why do you have to apply for a citizenship you already acquired through birth?

2: why would being married to your ex husband for over three years, when he obtained the citizenship through you, have anything to do with this?

It seems that you are already an Italian citizen, as you were born with it. I don't see how you could have renounced that citizenship in any way if your ex husband acquired it through you (unless your other marriage forced you to renounce, or you naturalized somewhere else). Even in that case, wouldn't it be easier to go back and live in Italy until you can apply there?

All in all, it sounds like you still have Italian citizenship, and all you have to do is apply for a new passport.. ?
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Postby Tiffany » Sat Oct 20, 2007 12:26 am

Yes, this sounds extremely strange. Agree with peguindump on all points.
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Qualifying thru ex husband

Postby Lynette » Mon Oct 22, 2007 3:38 am

Thank you Penguindump and Tiffany for your replies. My situation is strange : I acquired my Italian citizenship through my mother in 1993 by birth. All the Consulate required from me at the time was a copy of my full birth certificate. Unbeknown to them, in 1983 I had acquired a South African Passport by naturalisation because I had no other citizenship ! Having been born in Zimbabwe, when I re-applied to have my Zimbabwe passport renewed, it was returned to me cut in half saying because I no longer lived there I was denied my original birth right ! I had no choice but to naturalise and become a South African. Now the Chancellor is saying because I did not “make the required declaration” to be Italian during the 5 year grace period 1992 – 1997, because I had effectively “renounced my Italian citizenship in 1983”, which they were not aware of, on these grounds he says I should go the marriage route. It does not matter whether I am divorced or remarried again. The living in Italy for 15 days producing proof of this i.e. residence and some bills also sounds weird for such a short period. Have you heard of this procedure !!!
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Postby Tiffany » Thu Oct 25, 2007 1:25 am

No, never. This whole situation is extremely strange.
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Postby Daniel » Fri Oct 26, 2007 5:19 pm

Hi everyone, Lynette's having some difficulties logging in, but had a further question:

Hello Tiffany/Everyone,
Do you know of anyone I can email with regards to my situation. A person/company who is knowledgeable with regards to Italian citizenship law.
Perhaps there is someone on this board who could assist me !!
Thks Lynette
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Married to an Italian Citizen

Postby Lynette » Tue Nov 06, 2007 5:31 am

Hello Tiffany,
I did some investigation of my own with regards to my strange situation and receive a reply from a specialist/attorney as such:-
"Lynette, unfortunately, your situation is common for 80% of the italians abroad who could have reacquiered the ir citizenship in the 92-97 period of time & did not act ( ignorance of the law or fear to loose their new citizenship), therefore you have lost your italian one permanently. The only way to reacquire it is through the marriage to the former husband who acquired it in 1992."

It would appear that I can reacquire my italian citizenship on the grounds that I WAS married to an Italian and now divorced from him. Thought I would share this info with all of you.
Kind regards
Lynette
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Married to an Italian Citizen

Postby Lynette » Tue Nov 06, 2007 6:37 am

Hello Tiffany & EM,
I have received some more helpful info. from this specialist/attorney. I also enquired about the procedure of having to reside in Italy for more than 15 days in order to reacquire my Italian Citizenship. Here is his reply : "I have done tens of marriage based citizenship for people who are divorced but have been married for more than 3 years. The Chancellor is also correct as to election of residence. When you elect your residence in Italy, that Township requests from the consulate all papers regarding you, including the request of marriage based citizenship. Then after 6-8 months this township will call you for the swearing ceremony. In Johannersburg, South Africa you must obtain a criminal background check, plus you must have registered your marriage certificate in Rome, Italy and obtained an abstract of this marriage certificate. It will take a lotta time for you. patience. Ciao"

I hope this info. gives alot of others out there new hope as it has done for me.
Kind regards
Lynette
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Postby Em » Tue Nov 06, 2007 5:49 pm

Hi Lynette,

Let us know how it goes. Best of luck.
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Postby Daniel » Wed Nov 14, 2007 1:58 pm

Hello EM,

I made a few more enquiries regarding the "Election of Residence" process. I received this reply which may be of some help to those in a similar position. "Lynette, if your intention is to stay in Italy, I would request a visa explaining your intention and will fly to Italy with all the documents. There you will file at the township of your residence and will request a receipt of this filing. Then you will go to the central police station (questura of the province) and request a permesso di soggiorno (permit to stay) for the period necessary to obtain your citizenship (it may be a short one, in the province of Milan). Good luck!"

Kind regards, Lynette
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before 1948

Postby Lola » Thu Nov 15, 2007 8:28 am

I'm sorry, I hit the enter button before I was finished!
Just wonder if my husband, who was born in 1947, qualifies for citizenship since his mother was born in Italy and did not renounce citizenship before he was born.
If not., I do not understand why. thank you for expaining.

(my grandparents were both born in Italy, so I belive I qualify, I was born in 1949.)

thank you again.
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