My question concerns the recent court rulings regarding citizenship transmitted from a woman prior to 1948. As it stands now I can only pursue the 3-year rule.
However, My GGM married my GGF in 1928, she only petitioned for a certificate of citizenship in 1952, well after my grandmother was born. Under Canadian law at the time when my GGM &GGF got married my GGM became a British Subject (Canadian Citizen) immediately. The certificate provided in 1952 demonstrates acquisition of citizenship in 1928 (before my grandmother was born).
Does anyone know if in the recent rulings the women who became non-Italian citizens did so prior to the birth of their descendants by virtue of marriage, but only filed a petition for citizenship well after?
The supreme court of italy (Corte Suprema di Cassazione)
is now allowing anyone who is from grandparnets to become to Italian...
before of an woman married anyone other than an Italian...her descendants would not be able to ask to become italian...
She lose all her right then and therre ...
now her descendants can become Italian...so If your grandmother was married before 1948 there is an possible
The supreme court of italy (Corte Suprema di Cassazione) is now allowing anyone who is from grandparnets to become to Italian... before of an woman married anyone other than an Italian...her descendants would not be able to ask to become italian... She lose all her right then and therre ... now her descendants can become Italian...so If your grandmother was married before 1948 there is an possible
No, despite the article writer's enthusiasm, the Cassazione Court only ruled on that specific case, they did not change the law. Each individual requesting citizenship through a female ancestor prior to 1948 may be turned down by the consulate or comune, and then must file suit in TAR Roma. Whether TAR will regard this case as precedent or not is unknown- Italy does not follow strict precedence. Of course the applicant could continue to appeal the case up through the court system, as the individual in the article did.
The the decree of 2009 did not give women who married foreigners before l/l/l948 the blanket right to be considered citizens. It gave these individuals the right to appeal to the Courts in Italy to be recognized and to have their children recognized. Women who did not automatically gain the citizenship of her husband in her new country have the best chance of a positive outcome.
I know it has been some time since I was on this post, but did want to report back that I did end up using Luigi Paiano. My case was regarding the 1948 rule. My Grandmother was born in 1922 in America to my GGF who was still an Italian Citizen (he did not become a US Citizen until 1927). My GM married my GF (who while he was born in Italy in 1920, became a US citizen and that bloodline would not have worked for me) and my father was born in 1947. Of course that would disqualify me under Italian Laws with Women not having the right to pass their bloodline until 1948.
My case brought by Luigi Paiano was successful and the decision just came days ago. I know there are skeptics about his services (or so I have read) but it did work out positive for me. Of course there is never a guarantee, but he has been winning more and more similar cases and I wanted to report back that it DID work for me.
If anyone is considering challenging the the 1948 rule you can certainly private message me. As the other person posting above was also successful it seems the decisions are resulting in positive outcomes. While the 'law' has not changed regarding the 1948 rule, the courts appear to be ruling in favor of granting the citizen request.
I too hired Luigi Paiano to represent me and my father - this past winter we had our first audience with the judge and are now waiting for our final one this coming winter. The Italian government failed to show-up or contest our suit - so... so far so good! My father's sister and brother were born in 1948 and were able to obtain passports from the consulate here in the USA. Ironic since I'm the only one in the family to have lived in Italy and I speak Italian!
Good luck, I spoke to Luigi (via email) as I await the process now to have my birth registered in Italy which is still a process (but a process that will happen). He has won an additional 6 cases and now his total is 27 cases. Clearly the courts are agreeing with his cases. When I started, he had only won 3 (maybe 4) cases so I was taking a chance but even back then felt it was worth it!