ITALIAN CITIZENSHIP

[CapeTownItalians]

CAN SOMEONE PLEASE ADVISE ON THE REQUIREMENTS FOR ITALIAN CITIZENSHIP?

We live in South Africa, our great-grandfather, was born in Trapani, Sicilia and came over to South Africa by boat in the late 1890's and early 1900's. Had 6 children, one girl (our grand mother) and 5 boys. We have received his birth certificate from Trapani Commune. What now ?

Please help

Ciao
Linda

[johnnyonthespot]

Read this document from the Italian Consulate in South Africa: http://www.conscapetown.esteri.it/NR/rd ... stiENG.pdf

Also, this site: http://www.conscapetown.esteri.it/Conso ... inanza.htm

[mler]

Check to be sure that your greatgrandfather did not naturalize before the birth of your grandmother. If not, and your grandmother did not have her child (your mother or father) before 1948, all that's left is the paperwork. Best of luck.

[CapeTownItalians]

Ciao a tutti

Grazie tanto per la consulenza e aiuto, molto apprezzato.

Cercherò di tenervi sempre aggiornati sui nostri progressi.

Ciao per ora
Linda

[CapeTownItalians]

Hi again

Can someone please tell us, why is the year 1948 so relevant for citizenship?

We have established that our great-grandfather never gave up his Italian
citizenship, he was born the 27/09/1875 in Trapani, Sicilia and my grandmother(the first born) was born on 24/10/1902 my mother was born the 17/08/1930. Is this bad news for us?

Can someone please advise.

Molte grazi

Ciao
Linda

[johnnyonthespot]

Italian laws relating to citizenship changed effective January 1, 1948. Prior to that date, citizenship was passed only by the father.

I am sorry to say that since your mother was born in 1930, she could not inherit Italian citizenship from her mother (your grandmother). Your grandmother inheritied citizenship from her Italian father but she could not pass it on to any of her children born before January 1, 1948.

This issue has been tested in the Italian courts at least a few times with favorable results, but it would be costly and would likely result in failure. Ref: http://www.luigipaiano.com/eng/index.ph ... Itemid=115

There has been talk in the Italian legislature of amending the law to remove the 1948 barrier, but it could be years before this happens, if ever.

Sorry.

[Tessa78]

From the Consulate of Italy in South Africa link that Carmine (johnny) gave you above.


CITIZENSHIP

Italian citizenship is based on the principle of ius sanguinis (blood right) by which a child born of an Italian father or mother is Italian. However only since 1st January 1948 can an Italian mother give Italian citizenship to her minor children (as per ruling by the Constitutional Court). [/b

T.

edited: Oops! Carmine was quicker than I to respond

[johnnyonthespot]

PS: As the descendant of an Italian citizen up to the 2nd degree (your grandmother), you would have the opportunity to become a naturalized Italian citizen through an expedited process which requires that you reside legally in Italy for a minimum of three years.

To reside legally, you would need to obtain an appropriate visa - most likely an "Elective Residency Visa" - and then you would not be permitted to work or earn an income of any kind within Italy for the full three years. The only exception would be if you obtained a student visa, in which case you would be permitted to work up to 20 hours per week.

See http://www.conscapetown.esteri.it/Conso ... odifyGuest for more inforamtion on visas.

PPS: I suppose you could also fulfill the three year residency while on a work visa, but since these are nearly impossible to get, I usually don't even mention it.

[PeterTimber]

Dear linda we went thru this some months ago and I directed you then to the nearest Italian Embassy or Consulate to your home. Did you encounter anyh difficultides in contacting them? =Peter=