Question about 1948 law

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.
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LoveJesus22
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Question about 1948 law

Postby LoveJesus22 » 26 Nov 2010, 15:33

While Surfing the Website of the Italian Foreign Affairs Ministry, I found in the last of that page http://www.esteri.it/MAE/IT/Italiani_ne ... inanza.htm
that the Italian woman married to a foreigner after 1948 doesn't lose her citizenship if she acquired her husband's foreign citizenship..is that Right or i understood the case Wrong ?

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uwlaw
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Re: Question about 1948 law

Postby uwlaw » 26 Nov 2010, 20:27

That is correct, with an important limitation.

If the woman acquired her husband's citizenship automatically by virtue of the marriage, and the marriage took place on or after 1 January 1948, she did not lose her Italian citizenship. Note that this was only recently recognized under Italian law, and so many women were told that they had lost their citizenship by virtue of a marriage after 1948. Women in this situation can have their citizenship retroactively restored by filing a simple request, such that any children to which they have given birth in the interim will also be citizens. Note that if the woman has since deceased, this request may actually be filed by the children themselves, such that their citizenship will be recognized.

If, on the other hand, the woman acquired her husband's citizenship by virtue of an affirmative act (for example, where the marriage made her eligible to apply for foreign citizenship and she did so of her own volition), and she was living abroad at the time or thereafter, then she will have lost Italian citizenship if she gained the foreign citizenship prior to the commencement of the 1992 law. A woman in this situation may still regain her Italian citizenship, although it will require that she reside briefly in Italy, and it will not be retroactive (such that any children born to her in the interim will not automatically be citizens).

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Re: Question about 1948 law

Postby LoveJesus22 » 26 Nov 2010, 21:28

Thanks man i understood now the case...

I Got Another Question..on the same Page i found out that the Minor Doesn't lose his Italian citizenship Right if his Italian parent lost it due to acquiring another citizenship..is that also right ?

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uwlaw
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Re: Question about 1948 law

Postby uwlaw » 26 Nov 2010, 21:51

It depends on whether you are talking about the period before 1912, the period between 1912 ande 1983, the period between 1983 and 1992, or the period after 1992. It also depends on whether the child was born in Italy or abroad and, if abroad, in which country. Finally, it may also depend on whether one or both of the parents lost their Italian citizenship and, if only one, which one.

With reference to the issues above, what is the particular situation in which you are interested?

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Re: Question about 1948 law

Postby christom » 27 Nov 2010, 04:05

Uwlaw, I have a question about your statement

If, on the other hand, the woman acquired her husband's citizenship by virtue of an affirmative act (for example, where the marriage made her eligible to apply for foreign citizenship and she did so of her own volition), and she was living abroad at the time or thereafter, then she will have lost Italian citizenship if she gained the foreign citizenship prior to the commencement of the 1992 law.


Would BOTH conditions have been necessary for the woman to lose her Italian citizenship - that she volitionally assumed her husband's foreign citizenship AND that she lived abroad at that time or thereafter? What if the woman (a US-born American citizen, for example) simply applied for and received her husband's citizenship at the nearby consulate (in New York, e.g.), but never lived or moved outside the USA?

In the same vein, what if this couple's child (also born in the US, post-1948) were to acquire volitionally the father's citizenship jus sanguinis and did so through the local consulate, but never moved out of the USA? Do the same laws (Italian, I mean) apply to the child with respect to the child's Italian citizenship, as derived maternally?

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Re: Question about 1948 law

Postby uwlaw » 27 Nov 2010, 18:31

christom wrote:Would BOTH conditions have been necessary for the woman to lose her Italian citizenship - that she volitionally assumed her husband's foreign citizenship AND that she lived abroad at that time or thereafter? What if the woman (a US-born American citizen, for example) simply applied for and received her husband's citizenship at the nearby consulate (in New York, e.g.), but never lived or moved outside the USA?


Christom, to be clear, the statement which I made above is from the perspecitve of Italian citizenship. Thus, when I say "lived abroad", I mean lived outside of Italy; just as when I say "foreign citizenship, I'm referring to a citizenship other than Italian.

Reading my statement with that in mind, do you still have a question? It seems that we may be talking about different things.


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