second opinion on eligibility

Are you eligible for Italian Citizenship jure sanguinis?

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second opinion on eligibility

Postby amanda185 » Sun Jul 27, 2008 5:27 pm

Hello, I just want to confirm that the info I received from my consulate is correct. I was told that I don't qualify because dual citizenship came into effect in the 1970's in Canada, so when my paternal grandparents and my father immigrated here in 1952 (and naturalized shortly thereafter), their Italian citizenship was revoked.

My mom's side is Canadian all the way through, so I'm seeking citizenship through my paternal line:

Myself: born in Canada in 1985
Father: born in Italy 1943, naturalized in Canada 1952
Grandfather: born in Italy 1906, naturalized in Canada 1958, died 1989
Grandmother: born in Italy 1912, naturalized in Canada 1960, died 2005
*(I was told that if my grandfather naturalized after my dad turned 21, he could have still passed him the eligibility for Italian citizenship and hence passed on to me too, but my grandfather became Canadian when my dad was 15)
Great-grandfather and great-grandmother: born in Italy in the 1800's and remained in Italy until their death (not sure of the dates).

So I lost eligibility because my father and grandparents gave up their Italian citizenship when they came here. Is there any way that I could still be eligible through my great-grandparents as they remained Italian citizens for life?

The only other option for me is to live in Italy for 3 years (reduced down from 10 as my dad is an "ex-Italian").

It's just so frustrating that place of birth means nothing!
My grandparents lived in Italy and Canada for 6 months each out of the year and my grandfather passed away in Italy and both are buried there. and most of my (paternal) family lives in Italy. Sorry I was just under the impression that because of my dad's place of birth I could be eligible so I'm a little disappointed. Not that having to move there for 3 years would be so bad...

Anyway any help would be much appreciated :) Thanks!
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Postby Em » Sun Jul 27, 2008 6:42 pm

I wish I could give you better news, but your father lost his Italian citizenship when he naturalized and could not pass it to you. Unfortunately, Italian law does not permit skipping generations. As soon as the citizenship line is broken, it ends for all subsequent generations.

When the citizenship law changed in 1992, former Italians who lost citizenship to naturalization could reclaim it w/o residency for themselves and for their minor children. This window of opportunity began in 1992 and ended in 1997. Is it possible that your father took advantage of this?

Is it possible for you to qualify through your maternal line? Even if you must go back several generations, this sometimes will work.
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Re: second opinion on eligibility

Postby Tiffany » Sun Jul 27, 2008 7:12 pm

Em is correct.

Your consulate however is incorrect.
amanda185 wrote:I was told that I don't qualify because dual citizenship came into effect in the 1970's in Canada, so when my paternal grandparents and my father immigrated here in 1952 (and naturalized shortly thereafter), their Italian citizenship was revoked.


As Em says you are not eligible because your father naturalized in 1952. According to Italian citizenship law, and Italian who renounced before August 16, 1992 lost his or her Italian citizenship due to renunciation. After 1992, Italy began allowing dual citizenship. Because he lost his citizenship and because you were born after his naturalization, he had no citizenship to pass to you.

What the consulate told you is incorrect because it does not matter what Canadian law says. Canadian law can only definitively govern the passage and maintenance of Canadian citizenship, not any other citizenship. The only law that matters for Italian citizenship is Italian law, unless Italian law says otherwise. For example some countries will let you naturalize in other countries and keep their citizenship as long as no oath to renounce other nationalities is taken. Italy however was never this way and as long as the foreign citizenship was acquired, oath or no, Italian citizenship was renounced (until 1992 of course).

Had your father naturalized in 1979 when Canada allowed dual citizenship, but before Italy did the same (in 1992), he still would have renounced Italian citizenship in the eyes of the Italian government.
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Postby David_ » Sun Jul 27, 2008 7:55 pm

You can still go and live in Italy for 3 years to get citizenship.
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Postby amanda185 » Sun Jul 27, 2008 9:53 pm

Thank you all for your prompt replies.
Oh and how frustrating to not have heard about that 5 year window!! Unfortunately we were unware so my father didn't take advantage of that opportunity.
Also my mom is not of Italian origin (many many generations Canadian) and they were married in 1975 after he naturalized so it was not passed on to her.

It's disappointing that this is the case even though I'm only first generation Canadian-born. But who knows maybe the law could change again. Or I can kill two birds with one stone and pursue my graduate degree in Italy :)
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