Question about article 12 under law no. 555 of 1912

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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Joined: 18 Nov 2013, 22:18

Question about article 12 under law no. 555 of 1912

Post by anthropologeist » 18 Nov 2013, 22:37

The article states: "By the minor and unemancipated child - without the immunities from loss to be found in articles 7 and 12 (child with jus soli citizenship or child of remarried widow with consequent new citizenship) - who, residing outside of Italy, held a non-Italian citizenship and lived with a father (or mother if the father was dead) whose Italian citizenship was also lost. (article 12)"

I was interested in applying for citizenship through my now deceased grandmother, who was born in Italy but moved to the USA as a child and gained citizenship as a child. Of course, since she had my father as a US citizen, usually this would mean I have no chance for the citizenship.

However, my great-grandparents were never naturalized. Because my grandmother was a child living with non-naturalized parents, does this article apply to her? Would a child in this situation be allowed to keep Italian citizenship?

I've been told by my father--who might not have the accurate information (I am still researching) that my grandmother was still an Italian citizen up till her death. Could this even be possible? I'm waiting to get more information but figured someone on here could possibly know.

Thanks for any information.

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Joined: 14 Jul 2010, 20:28
Location: Ancestral Homeland - Abruzzo Italy

Re: Question about article 12 under law no. 555 of 1912

Post by jennabet » 19 Nov 2013, 17:02

If your grand-mother was naturalized while still a minor, this would have been impossible if her parents were not also naturalized. She could have become naturalized on her own at the age of majority but since Italian citizenship doesn't skip generations you can't go back to your non naturalized great-grandparents. If your father was born after your grand-mother naturalized then he was not born to an Italian citizen and cannot claim Italian citizenship through his mother.

If your grand-mother was not yet naturalized when your father was born, he would have had to be born before 1948 because Italian women could not pass citizenship to any offspring born prior to January 1, 1948.

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