Help! Scot seeking JS citizenship - am I eligible?

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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Shellyroo17
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Help! Scot seeking JS citizenship - am I eligible?

Post by Shellyroo17 »

Looking for advice regarding 1948 rule and JS citizenship.

My g-g-gf was born in Italy in 1873. He is recorded residing in Scotland via a census in 1901. He marries my g-g-gm in 1902 in Italy. My g-g-gm's parents were both Italian, however she was born in Germany.

My g-gm was born to my above g-g-gp in Scotland in 1903, she then married a Scot in 1927 and my grandfather was subsequently born in 1928.

As far as I'm aware, at no point did my g-g-gp give up their Italian citizenship when they moved to Scotland. As the Italian line continued via my g-gm and my grandfather was born in 1928 - do I have any chance of achieving JS citizenship or are my chances slim given the 1948 rule? Could I challenge the rule like so many others have?

Any help/advice would be greatly appreciated as it's a minefield to get your head around.

Has anyone from the UK had any success in appealing 1948 rule for JS citizenship?

Thanks in advance!
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mler
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Re: Help! Scot seeking JS citizenship - am I eligible?

Post by mler »

If you are using your gggf’s line, there is no need for a 1948 challenge. Through you gggm, you would need to go through the courts.

However, you need to check very carefully. Did either of your gggps naturalize. If so, that would end the Italian line.
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PippoM
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Re: Help! Scot seeking JS citizenship - am I eligible?

Post by PippoM »

I'd say it's a 1948 case anyway, as there's a woman in the line (ggm) born in 1903.
Or am I wrong?
Giuseppe "Pippo" Moccaldi

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mler
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Re: Help! Scot seeking JS citizenship - am I eligible?

Post by mler »

No, you’re right. I breezed right past one generation. 😊
Shellyroo17
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Re: Help! Scot seeking JS citizenship - am I eligible?

Post by Shellyroo17 »

Thanks all.

Has any one used an Italian lawyer that they would recommend to push a 1948 case through the Italian courts?
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Re: Help! Scot seeking JS citizenship - am I eligible?

Post by mler »

Many have qualified through 1948 cases and there are quite a few lawyers who handle such cases (the names Paiano and Ruggiero come to mind but there are many others).

Remember, though, that naturalization before 1992 caused a loss of Italian citizenship. Did anyone naturalize either in Germany or Scotland? If so, when?

If you are sure no one naturalized, you will need to get records to prove that. If someone did naturalize, the date of naturalization will be critical, and you would need that record too.

Since you are reaching back multiple generations, you will require quite a bit of paperwork. Any lawyer you contact will provide you with a full list of required documents. However, it makes sense to ensure you qualify before contacting a lawyer, and the place to start is with proof of naturalization or no naturalization.
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