Citizenship for Widower

[concernedson]

Hi there.

Having read this wikipedia article, I am seeking clarification on Italian Nationality Law regarding acquisition of citizenship through marriage. The question concerns my mother and her eligibility for Italian citizenship through marriage, despite being a widower.

My father (who is a first generation italian citizen with a permanent residency in South Africa) met my mother in South Africa, they married in 1979 and I was born the following year in 1980. Unfortunately my father passed away in 1982. Having applied for italian citizenship for both my mother and me before his death, I was granted Italian citizenship by filiation (birth to italian citizen) but my mother on the other had her citizenship denied on the grounds that the marriage did not last long enough. (In fact, my mother tells me that on the day she went to collect our passports from the Italian consulate, the consular officer had both of our passports in had but only relinquished my copy but refused to hand over my mothers).

Now the article suggests that "Foreign women who married an Italian citizen before April 27, 1983, were automatically granted Italian citizenship". Does this imply that my mother still qualifies for italian citizenship on the grounds that she was married before April 27, 1983? She has since not remarried?

Any clarity will be much appreciated.

Regards

Concerned Son

[Squigy]

Hi there.

Having read this wikipedia article, I am seeking clarification on Italian Nationality Law regarding acquisition of citizenship through marriage. The question concerns my mother and her eligibility for Italian citizenship through marriage, despite being a widower.

My father (who is a first generation italian citizen with a permanent residency in South Africa) met my mother in South Africa, they married in 1979 and I was born the following year in 1980. Unfortunately my father passed away in 1982. Having applied for italian citizenship for both my mother and me before his death, I was granted Italian citizenship by filiation (birth to italian citizen) but my mother on the other had her citizenship denied on the grounds that the marriage did not last long enough. (In fact, my mother tells me that on the day she went to collect our passports from the Italian consulate, the consular officer had both of our passports in had but only relinquished my copy but refused to hand over my mothers).

Now the article suggests that "Foreign women who married an Italian citizen before April 27, 1983, were automatically granted Italian citizenship". Does this imply that my mother still qualifies for italian citizenship on the grounds that she was married before April 27, 1983? She has since not remarried?

Any clarity will be much appreciated.

Regards

Concerned Son

I believe she has to have been married to your father for three years to be eligible. Did your father pass away before their 3rd anniversary?

[teddi]

Foreign women who married an Italian citizen before April 27, 1983, were automatically granted Italian citizenship".

This is true. I would have your mother take proof of father's Italian citizenship (a passport perhaps?), her marriage license/certificate, as well father's death certificate to the Italian consulate in South Africa. They will likely want everything translated into Italian as well.

There was no timespan for wives gaining Italian citizenship by marriage back then- it was instantaneous.

[concernedson]

Yes, He passed away shortly after their 2nd anniversary. But what i don't understand is that Italian Nationality Law before April 27, 1983 was such that if a foreign woman married an Italian citizen, she were automatically granted Italian citizenship. I assume that this does not come with a three year probationary period.

Also, if the Italian consulate had in fact issued Italian passports for both my mother and me before my father passed away, why is it that when we went to collect them after my fathers death did they only hand over my passport but refuse to hand over hers.

[Squigy]

I think it's obvious the reason is because of the 3 year marriage rule, as you yourself said your mother was told the marriage did not last long enough. Perhaps after 1983, anyone who was married less than 3 years, and had not already collected their citizenship, was no longer eligible. I would call your consulate and hash this out with them.

[johnnyonthespot]

This is the first time I have heard of the three year rule applying to marriages before April 27, 1983. I am suspicious, to say the least.

The OP should contact the consulate again and ask for a reference to the specific law which covers this situation.

[mler]

I totally agree. Your mother became an Italian citizen the moment she married your Italian father.

It may a be a good idea for her to go to the consulate armed with her bc, her husband's bc, proof he was Italian when they married, AND their mc. She should tell them her Italian citizenship began on the date of their marriage since they were married before 1983. They seem to have confused her application. They think she applied for naturalization through marriage, something quite different.

[concernedson]

Thanks for all your replies. They all sound reassuring. What's even more interesting is that my mother received a letter from the Italian consulate back in 2005 asking her to participate in the elections...

What would be the best course of action now to have my mothers passport issued back to her? Should we consider seeking legal representation, if so, from where i.e. South Africa / Italy?

[mler]

Generally the election information comes directly from the comune, not the consulates. Maybe you should check with the comune. If your father registered his marriage with the consulate, that information would have been forwarded to the comune, where she may already be registered as a citizen.