Search found 17 matches

by JoeTinLA
20 Apr 2009, 00:25
Forum: Emigration, Immigration, Naturalization and Italian citizenship
Topic: New Italian Law March 2009
Replies: 100
Views: 87617

Re: New Italian Law March 2009

I cannot begin to tell you how rewarding (albeit often frustrating) it is to trace the generations of family for jure sanguinis, and this is the perfect site to begin your quest. If you want more information on the ruling, you may want to join the forum and www.expatsinitaly.com This is a good grou...
by JoeTinLA
19 Apr 2009, 23:47
Forum: Emigration, Immigration, Naturalization and Italian citizenship
Topic: New Italian Law March 2009
Replies: 100
Views: 87617

Re: New Italian Law March 2009

mler, as I understand it, the woman herself was born in Cairo in 1962 (this was mentioned in an article posted above by teddi). Her grandmother had married an Egyptian. Therefore, as I mentioned above, I would bet a lot of money that her parents were both born before 1948. If they were, then assumin...
by JoeTinLA
19 Apr 2009, 22:15
Forum: Emigration, Immigration, Naturalization and Italian citizenship
Topic: New Italian Law March 2009
Replies: 100
Views: 87617

Re: New Italian Law March 2009

teddi - as far as I can tell, the decision has not been posted yet for the general public on the Corte di Cassazione: http://www.cortedicassazione.it/MappaSito/MappaSito.asp It looks like the section that shows civil and criminal decisions requires access with a Smart Card. Don't know if anyone here...
by JoeTinLA
19 Apr 2009, 20:38
Forum: Emigration, Immigration, Naturalization and Italian citizenship
Topic: New Italian Law March 2009
Replies: 100
Views: 87617

Re: New Italian Law March 2009

I understand you want this court ruling, which overturns the loss of Italian citizenship by women marrying a foreigner prior to 1948, to overturn Article 1 of the 1912 law as well. Probably your best course of action is to pursue your case through the Italian court system. Possibly you may achieve ...
by JoeTinLA
19 Apr 2009, 20:29
Forum: Emigration, Immigration, Naturalization and Italian citizenship
Topic: New Italian Law March 2009
Replies: 100
Views: 87617

Re: New Italian Law March 2009

If the Egiziana was born in 1962, and assuming her mother or father was born on the earliest possible date after the '48 law change, then that parent would have been 14 years old when this woman was born. So I have to infer that that parent was born BEFORE 1948. Therefore if the parent had no transm...
by JoeTinLA
19 Apr 2009, 20:23
Forum: Emigration, Immigration, Naturalization and Italian citizenship
Topic: New Italian Law March 2009
Replies: 100
Views: 87617

Re: New Italian Law March 2009

Again, the court ruling states that the woman did not lose her Italian citizenship by marriage to a foreigner prior to 1948. Given that she remained an Italian citizen, exiting Italian law permits her children born on/after 1 Jan 1948 to gain Italian citizenship through her. This court ruling does ...
by JoeTinLA
19 Apr 2009, 20:12
Forum: Emigration, Immigration, Naturalization and Italian citizenship
Topic: New Italian Law March 2009
Replies: 100
Views: 87617

Re: New Italian Law March 2009

Right, but if in this case there was a need to "re-connect the chain" of citizenship at all, it would have been done at the level of the grandmother, who I believe was married before 1948. Once the grandmother's citizenship was re-established, then her children's (the woman's mother or fat...
by JoeTinLA
19 Apr 2009, 19:08
Forum: Emigration, Immigration, Naturalization and Italian citizenship
Topic: New Italian Law March 2009
Replies: 100
Views: 87617

Re: New Italian Law March 2009

Question for the group: I don't know how Italian law is interpreted, and what the force of precedent is. It seems, though, that since we are talking about the right to citizenship that this Egyptian-born woman RECEIVED from her grandmother, that the only consequence of the Cassazione ruling was *not...
by JoeTinLA
19 Apr 2009, 17:48
Forum: Emigration, Immigration, Naturalization and Italian citizenship
Topic: New Italian Law March 2009
Replies: 100
Views: 87617

Re: New Italian Law March 2009

teddi - I just translated the part of the 1912 law you posted, and it looks like you may be correct, if that is the only Italian law on transmission of citizenship by women. As I read it, Italian fathers can transmit citizenship, and Italian mothers can do so only if the father is unknown, or if the...
by JoeTinLA
19 Apr 2009, 16:44
Forum: Emigration, Immigration, Naturalization and Italian citizenship
Topic: New Italian Law March 2009
Replies: 100
Views: 87617

Re: New Italian Law March 2009

teddi - thanks for the detailed explanation of the 1912 law you gave on the previous page. I think I understand loud and clear what you're saying -- that the Cassazione ruling only restores citizenship to Italian women who lost it by marrying foreigners before 1948, but doesn't affect their children...
by JoeTinLA
19 Apr 2009, 16:02
Forum: Emigration, Immigration, Naturalization and Italian citizenship
Topic: New Italian Law March 2009
Replies: 100
Views: 87617

Re: New Italian Law March 2009

mler - Thank you! I appreciate the help. You and teddi have enlightened me on nuances of this that even my lawyer hasn't told me about. And you're right, he's probably just too excited about the business I'm bringing him (it's not just me, but friends, too...)
by JoeTinLA
19 Apr 2009, 15:57
Forum: Emigration, Immigration, Naturalization and Italian citizenship
Topic: New Italian Law March 2009
Replies: 100
Views: 87617

Re: New Italian Law March 2009

teddi wrote:In fact members of parliament representing Italians abroad, while welcoming the court ruling for the handful of persons it will help, used the occasion to urge action on the bill stuck in committee that would help thousands:
Italiaesteri
Thank you, teddi - good article!
by JoeTinLA
19 Apr 2009, 15:47
Forum: Emigration, Immigration, Naturalization and Italian citizenship
Topic: New Italian Law March 2009
Replies: 100
Views: 87617

Re: New Italian Law March 2009

I wish I could say that your interpretation is correct. It would simplify things for so many people. I am, however, a bit concerned that you may create unrealistic expectations for people for whom the 1948 ruling has created difficulty. I think you will find that the Italian consulates and the Ital...
by JoeTinLA
18 Apr 2009, 23:58
Forum: Emigration, Immigration, Naturalization and Italian citizenship
Topic: New Italian Law March 2009
Replies: 100
Views: 87617

Re: New Italian Law March 2009

The inability of children born of Italian women married to foreigners before '48 to gain Italian citizenship was, as I see it, a direct consequence of the 1912 law. If you invalidate that law, or a section of that law, as the Cassazione court did, I think that the consequences of the law simply disa...
by JoeTinLA
18 Apr 2009, 19:11
Forum: Emigration, Immigration, Naturalization and Italian citizenship
Topic: New Italian Law March 2009
Replies: 100
Views: 87617

Re: New Italian Law March 2009

In general, after 1948, if an Italian citizen of either gender who has not renounced his or her Italian citizenship before a government has a child with a foreigner in wedlock, that child is automatically considered an Italian citizen from birth, whether or not he or she holds another citizenship. B...