Do i must Reside in italy for 1 year or 3 years ??PLZ Help:)

Over 25 million Italians have emigrated between 1861 and 1960 with a migration boom between 1871 and 1915 when over 13,5 million emigrants left the country for European and overseas destinations.
User avatar
LoveJesus22
Rookie
Rookie
Posts: 52
Joined: 22 Jul 2010, 01:11

Do i must Reside in italy for 1 year or 3 years ??PLZ Help:)

Postby LoveJesus22 » 22 Jul 2010, 01:22

Hi 4 all of u guyz..
My Grandmother lost her italian citizenship coz she gained the Egyptian one after 1948 at the sixties i think but my father was minor at that time , he was 2 years old when she lost her italian citizenship so he was born italian..we proved it..so nw am i a first degree to my father ( who lost citizenship coz he was minor) so that i must reside there for 1 year to reacquire the italian citizenship...or i am a second degree so that i must reside there for 3 years ?? :D
are there any more ways ?

i heard that my father can work in italian governments affairs even abroad if he wanna reacquire the citizenship...but for how many years ??

Thanx 4 ur answers..
that God Bless u all.. :D

User avatar
johnnyonthespot
Master
Master
Posts: 5229
Joined: 04 Aug 2008, 15:01
Location: Connecticut, USA

Re: Do i must Reside in italy for 1 year or 3 years ??PLZ He

Postby johnnyonthespot » 22 Jul 2010, 01:33

Where was your father born, Italy or Egypt?
Carmine

My hobby is finding things. Having found most of my own, I am happy to help others find theirs. PM me! :)

User avatar
LoveJesus22
Rookie
Rookie
Posts: 52
Joined: 22 Jul 2010, 01:11

Re: Do i must Reside in italy for 1 year or 3 years ??PLZ He

Postby LoveJesus22 » 22 Jul 2010, 01:36

..Egypt..but he was 2 years when she lost the italian citizenship but we asked at the consulate n he told me that he was minor at that time so he was a ctizen who lost it even when he was minor..

User avatar
LoveJesus22
Rookie
Rookie
Posts: 52
Joined: 22 Jul 2010, 01:11

Re: Do i must Reside in italy for 1 year or 3 years ??PLZ He

Postby LoveJesus22 » 22 Jul 2010, 01:51

By The way i forgot to tell it..they told my dad that he must reside there in italy for 1 yearto reacquire his citizenship if he wants..but am askin in my case if o wanna i get the citizenship..will i be a 1st or 2nd ???

User avatar
johnnyonthespot
Master
Master
Posts: 5229
Joined: 04 Aug 2008, 15:01
Location: Connecticut, USA

Re: Do i must Reside in italy for 1 year or 3 years ??PLZ He

Postby johnnyonthespot » 22 Jul 2010, 02:22

Let us play a game for a few moments and make believe that your father was born in the United States.

1) If your father was born in the United States on or after January 1, 1948 (very important) he would have received Italian citizenship from his mother.

2) When your grandmother became a United States citizen (we are still playing our game), your father would not lose his Italian citizenship. He would lose his Italian citizenship only if he had been born in Italy, but that is not the case.

3) Since your father did not lose his right to Italian citizenship, you have a classic Category 3 jus sanguinis case (see http://www.consnewyork.esteri.it/NR/exe ... =Published )- all you need to do is to present proof to the consulate and claim your right to citizenship.

a) your grandmother's Italian birth certificate and her marriage certificate
b) proof that your grandmother became a US citizen (still playing our game) after your father was born
c) your father's US birth certificate and marriage certificate
d) your own birth certificate

There would be some other things, but those are the important ones.

Now, we were playing a game, using the United States as an example because that is what I am most familiar with. However, I see no reason why it would be any different with your father being born in Egypt with the psooible exception that Egypt's naturalization laws differ from in the US. But, I don't think that matters. Category 3 says:

Category 3) your father was born in the United States or a Country other than Italy, your paternal grandfather was an Italian citizen at the time of your father’s birth, neither you nor your father ever renounced your right to the Italian citizenship;


It says "grandfather", but if your father was born on or after January 1, 1948, then it can be "grandfather or grandmother" instead.

You said,

..Egypt..but he was 2 years when she lost the italian citizenship but we asked at the consulate n he told me that he was minor at that time so he was a ctizen who lost it even when he was minor..


I believe this is wrong. However I do not know how you can make the consulate see the error. Perhaps if you contact a different consulate in Egypt and be sure to very carefully explain the events, you will get a different answer. The list of consulates in Egypt is here: http://www.ambilcairo.esteri.it/Ambasci ... consolare/
Carmine

My hobby is finding things. Having found most of my own, I am happy to help others find theirs. PM me! :)

User avatar
LoveJesus22
Rookie
Rookie
Posts: 52
Joined: 22 Jul 2010, 01:11

Re: Do i must Reside in italy for 1 year or 3 years ??PLZ He

Postby LoveJesus22 » 22 Jul 2010, 02:36

...yea yea u are right i was wrong in something they didn't say he lost the citizenship :D i think they said he was born italian something like this..but they told him if he wanna reacquire it he must reside there for 1 year..but i still want to know if i wanna reacquire it what can i do ? reside also for 1 year or 3 years or there are other ways..thanx :)

User avatar
johnnyonthespot
Master
Master
Posts: 5229
Joined: 04 Aug 2008, 15:01
Location: Connecticut, USA

Re: Do i must Reside in italy for 1 year or 3 years ??PLZ He

Postby johnnyonthespot » 22 Jul 2010, 03:03

Unless there is some law specific to Egypt, your father has not lost his citizenship and does not need to do anything to reacquire it.

He only needs to file an application for jus sanguinis recognition with the nearest consulate and present:

a) his mother's Italian birth certificate and her marriage certificate
b) proof that his mother became an Egyptian citizen after he was born
c) his Egyptian birth certificate and marriage certificate

Again, there may be other documents, but these are the basic requirements.

As for you, you can go along with your father and have your own citizenship recognized at the same time. You only need to add your own birth certificate.

PS: It is possible that your grandmother registered your father's birth with the local consulate when he was born (by law, she was supposed to do this, I think). If she did register him, then there is nothing left for him to do as he is already recognized as an Italian citizen.

Did the consulate check their records to see if he is registered?
Carmine

My hobby is finding things. Having found most of my own, I am happy to help others find theirs. PM me! :)

User avatar
LoveJesus22
Rookie
Rookie
Posts: 52
Joined: 22 Jul 2010, 01:11

Re: Do i must Reside in italy for 1 year or 3 years ??PLZ He

Postby LoveJesus22 » 22 Jul 2010, 03:18

..Sry there's still sth missed that i can't understand..
How my father didn't lose his italian citizenship ( he was 2 years old when his mother lost the italian 1 so that she was recognized as egyptian n not italian anymore ) so i think becoz his mother lost it and at the same time he was ( minor) so he lost it too but if he was overage (adult..like over 21) at the time when his mother lost it he would choose between the 2 citizenships..n if he didn't lost as u said so how would he be Italian n Egyptian at the same time before 1992 n italy didn't recognize the dual citizenship be4 that date ?
or you mean that he didn't acquire his citizenship so he still can acquire it ?( but i think he can't coz the italian passport of his mom was canceled coz she lost the italian citizenship )..thanx

User avatar
LoveJesus22
Rookie
Rookie
Posts: 52
Joined: 22 Jul 2010, 01:11

Re: Do i must Reside in italy for 1 year or 3 years ??PLZ He

Postby LoveJesus22 » 22 Jul 2010, 03:28

2) When your grandmother became a United States citizen (we are still playing our game), your father would not lose his Italian citizenship. He would lose his Italian citizenship only if he had been born in Italy, but that is not the case.


how my father didn loose his italian citizenship and at the same time he was egyptian n the italian law didn't recognize the dual citizenship at the same time (all of that before 1992) ?????

User avatar
johnnyonthespot
Master
Master
Posts: 5229
Joined: 04 Aug 2008, 15:01
Location: Connecticut, USA

Re: Do i must Reside in italy for 1 year or 3 years ??PLZ He

Postby johnnyonthespot » 22 Jul 2010, 03:45

Okay, this might be the difference between Egyptian law and US law.

Any child born in the United States is automatically a US citizen. If your father had been born in the US, he would have automatically been a US citizen and he also would have inherited Italian citizenship from his mother. Later, when his mother naturalized, it would not be necessary for him to also naturalize because he is already a US citizen. It is a complicated technicality.

If Egyptian law is not the same - that is if your father was not born wth both Italian and Egyptian citizenship, then I can see the problem and I would agree with the consulate Since I do not know anything about Egyptian citizenship laws at the time your father was born, I cannot answer with certainty.

If this is the case, then you can become a ntauralized Italian citizen after living legally in Italy for a period of three years because you have a grandparent ("2nd degree") who was an Italian citizen.

Your father does not need to live in Italy for one year; he must notify his consulate of his intent to reacquire Italian citizenship and then establish residency in Italy within a one year period. As soon as he establishes residency (can take as little as a few weeks/months), he can have his citizenship reinstated almost immediately.

If he does not notify the consulate in advance, then he must reside in Italy for a full year before applying.

If your father does reacquire his citizenship, it will have no effect on you unless you are a minor child and residing with your father. Otherwise, you must follow the three year plan above.
Carmine

My hobby is finding things. Having found most of my own, I am happy to help others find theirs. PM me! :)

User avatar
LoveJesus22
Rookie
Rookie
Posts: 52
Joined: 22 Jul 2010, 01:11

Re: Do i must Reside in italy for 1 year or 3 years ??PLZ He

Postby LoveJesus22 » 22 Jul 2010, 04:06

..okkey..but i wanted to tell that the egyptian law was recognizing the dual citizenship at that time..n his father ( my grandfather ) was egyptian so my father was born Egyptian nd after 2 years when he had 2 years old his mother ( my grandmother ) received the Egyptian citizenship (coz she was married to an egyptian) n lost the italian citizenship....so my dad didn't renounce the italian citizenship by himself..nor me..


Quote:
Category 3) your father was born in the United States or a Country other than Italy, your paternal grandfather was an Italian citizen at the time of your father’s birth, neither you nor your father ever renounced your right to the Italian citizenship;


but i think that wat u mean is that my dad parents didn't apply the italian passport for him at the same time he was born..or i misunderstood again ?

Plus the italian law didn recognize the dual citizenship ,, so how if he was born in usa as u said he would be a usa citizen ( coz he was born there or he has a us parent or wathever any other reason ) and an italian citizen...or the dual law means for the people who naturalize so these people only who can lost their italian citizenships but its not the same for the New Borns like if someone got an italian parent and an american parent before 1992 so that he had the 2 citizenships ???
Thanx

User avatar
johnnyonthespot
Master
Master
Posts: 5229
Joined: 04 Aug 2008, 15:01
Location: Connecticut, USA

Re: Do i must Reside in italy for 1 year or 3 years ??PLZ He

Postby johnnyonthespot » 22 Jul 2010, 11:49

I think your father did not lose his Italian citizenship when his mother became an Egyptian citizen. But I do not know enough of Egyptian law to be certain.

When you talked with the consulate, did you carefully explain all the details? That your grandfather was Egyptian?

>> Plus the italian law didn recognize the dual citizenship

Yes, it was the same in the US. However, when the law was changed in 1992, it was retroactive. When my father was born in the US in 1921 (his parents came from Italy), there was no dual citizenship, but when the law changed in 1992, it was recognized that my father had "Italian blood" and I did also.

My feeling is still that the consulate misunderstands your case. Perhaps if you make a chart it might help.

Image
Carmine

My hobby is finding things. Having found most of my own, I am happy to help others find theirs. PM me! :)

User avatar
LoveJesus22
Rookie
Rookie
Posts: 52
Joined: 22 Jul 2010, 01:11

Re: Do i must Reside in italy for 1 year or 3 years ??PLZ He

Postby LoveJesus22 » 22 Jul 2010, 16:30

..You Made A Right Chart..:D

..Yea They Knew That my Grandfather was egyptian ( nd because of that my grandmother took it..coz she was married to an egyptian)..

..They told my dad that that he can't apply for italian citizenship (i mean can't be italian at the time he went n acquired it) coz he was minor when his mother lost it..so if my dad want to reacquire it he must reside there for 1 year..

Quote:
Category 3) your father was born in the United States or a Country other than Italy, your paternal grandfather was an Italian citizen at the time of your father’s birth, neither you nor your father ever renounced your right to the Italian citizenship;

can we go for the category 3 or this category is for the granfather who didn't lose the italian citizenship..or its for USA only ??..


Return to “Emigration, Immigration, Naturalization and Italian citizenship”

Who is online

Users browsing this forum: Yahoo [Bot] and 5 guests