I have been told that by the Italian consulate that I do not qualify for the Italian citizenship through my ancestors because I was naturalized in another country when I was 1 year old in 1982. How can I lose my Italian citizenship without being Italian? Can somebody help me understand the law of February 5, 1992?
Thank you very much,
Lost right to become Italian because naturalization
Re: Lost right to become Italian because naturalization
In 1912, Italy defined citizenship as one passed on from generation to generation jure sanguinis (by bloodline).
Although, Italy did not object to an Italian citizen's obtaining citizenship in another country passively (through birth in that country), Italy's law did not permit dual citizenship when that second citizenship was obtained through naturalization, which Italy considered to be a renunciation of Italian citizenship that ended the Italian line.
Minors could not naturalize on their own behalf, but their parents could naturalize for them. This happened many times in many countries. When an Italian parent naturalized in another country for himself and for his child, the Italian line ended for both.
In 1992, Italy's law changed to permit dual citizenship. Anyone who naturalized in another country after that date was permitted to keep his Italian citizenship as well. That law is still in force today.
To help those who had lost Italian citizenship through naturalization, Italy provided a five-year window (between 1992 and 1997) during which time anyone who lost his citizenship through naturalization could reacquire it simply by going to the consulate and asking to do so. Many did just that. Others, who may have been unaware of this change in the law, did not. Today, anyone who lost citizenship through naturalization can reacquire it by residing in Italy for one year.
In your case, you were indeed Italian when you were born in 1980. When you naturalized in 1981, you lost it. The residence option will work for you.
Although, Italy did not object to an Italian citizen's obtaining citizenship in another country passively (through birth in that country), Italy's law did not permit dual citizenship when that second citizenship was obtained through naturalization, which Italy considered to be a renunciation of Italian citizenship that ended the Italian line.
Minors could not naturalize on their own behalf, but their parents could naturalize for them. This happened many times in many countries. When an Italian parent naturalized in another country for himself and for his child, the Italian line ended for both.
In 1992, Italy's law changed to permit dual citizenship. Anyone who naturalized in another country after that date was permitted to keep his Italian citizenship as well. That law is still in force today.
To help those who had lost Italian citizenship through naturalization, Italy provided a five-year window (between 1992 and 1997) during which time anyone who lost his citizenship through naturalization could reacquire it simply by going to the consulate and asking to do so. Many did just that. Others, who may have been unaware of this change in the law, did not. Today, anyone who lost citizenship through naturalization can reacquire it by residing in Italy for one year.
In your case, you were indeed Italian when you were born in 1980. When you naturalized in 1981, you lost it. The residence option will work for you.
Re: Lost right to become Italian because naturalization
Thank you so much. That is the explanation I was looking for. I finally understand it.
Re: Lost right to become Italian because naturalization
Super! And you're young--a year in Italy will be lovely.