Help with reclaiming Italian Citizenship

[MaryL]

Hi Everyone, I'm very new at this ... but it looks like there are many of you who are very knoledge on the subject... I need your help please!
Here is my story:
I was born in Italy in 1954. I emigrated to Canada on April 22, 1965. My father became a Canadian Citizen in 1966, and as a minor I
automatically attained Canadian Citizenship. Hence a lost opportunity. I think I can still apply via by a declaration stating intention to reside in Italy for this purpose, and then registering as a resident at the Comune. My questions are as follows:
1. do I need to stay a year, because I cant, and what are the implications my making this declaration, when I return to Canada to my home and work? What about taxes? Are there such implications?
2. Assuming I'm successful with the process, will my born Canadian adult children be able to attain Italian Citizenship?
Finally how do I start the process for myself.. what documents do I need to prepare? Please Help! Mary

[Gianna75010]

I think there is a way for Italian citizens who lost Italian citizenship when they naturalized to regain Italian citizenship. I don't know if you would qualify that way, but it's something to look into. I would think you could do that at the consulate without having to go to Italy.

[mler]

Hi Mary. I answered most of these question on the other forum, but there is one question that you did not ask there.

Unfortunately, your adult children would not automatically obtain Italian citizenship with you. They would have to live in Italy for three years. Is there any way that they can obtain Italian citizenship through their dad? My own children could not obtain citizenship through their naturalized father, but they qualified jure sanguinis through my paternal line.

Just to recap for others who may be interested. No, you do not have to live in Italy for the entire year. Once you reacquire your citizenship, you can return to Canada as a dual Canadian/Italian citizen. No tax implications either unless you plan to live more than six months of the year in Italy. But all Italian residents are subject to the Italian tax in that case, even those who are not citizens.

Check the information page on the NYC consular website. It provides detailed instructions for this process.

[MaryL]

Thank you.
Mler, my husband was also natularized as a Canadian. The only family members on both sides would be my children's great grandfathers. Could they apply via jure sanguinis via their great grandfathers or has the line been broken.
Also, I dont understand why they could not apply through me if I re acquire my Italian Citizenship?
Mary

[mler]

I assume that your husband naturalized before your children were born as did you. Unfortunately the line ended with both his and your naturalization. As far as I know, the reacquisition of Italian citizenship applies only to the applicant and his/her minor children. The adult children cannot reacquire what they never had.

That being said, if you and your husband are reacquiring citizenship, you can certainly try to register your children's birth certificates and see what they say. You would do this after you own citizenship is confirmed. Especially in a small comune, it is conceivable that they would be willing to recognize your children although the law does not specifically require or allow them to do so. That's what I would do.

BTW, be sure to have their birth certificates apostilled and translated; then ask nicely and keep your fingers crossed.

[MaryL]

Thank you. I will try. I have ordered their birth certificates (long form). How do I get then Apostilled? Is it necessary in Canada? Should I bring the birth certificates to the consolate?

[MaryL]

Sorry, I forgot to add that I would be the only one trying at this time, for your idea to work do I need my husband to also acquire his Italian Citizenship? We were born into different regions (North and South). Mary

[mler]

No, only one parent is needed, and if only you are applying you'd have a second shot when your husband applies. I've got to stress, though, that if they did register your adult children, it would be as a courtesy to an Italian born in their comune. The law does not provide for this. That's why I think you would have a better chance if you apply in the smaller of the comuni especially if you still have family there.

Don't know the procedure for getting apostilles in Canada. Try a google search; that how I got a lot of my information. Do NOT bring your children's birth certificates to the consulate. They will immediately tell you that only you can reacquire citizenship. However, if you don't have luck at the comune, you can certainly ask if this is possible at your consulate when you return to Canada. Never hurts to ask, and some consulates--and comuni--are more shall we say "flexible" than others.

[mler]

I wasn't sure if you were still checking both forums, so I'm posting this here as well. BBCWatcher reminded me of something I had forgotten. I know your husband naturalized, but if you were married before 1983 and he was still an Italian citizen at that time, you reacquired your Italian citizenship automatically. This would mean that your children were born with Italian citizenship and that only your husband would need to reacquire his citizenship at the comune. Hope this is the case.

[MaryL]

Unfortunately no such luck. He was a Canadian Citizen when we married. I have collected most of the documents as outlined in the NY consulate site. It takes up to 4 months to obtain search of citizenship records in Canada. I mailed the application and paid on line. I have copies of the Canadian Citizenship long form (the original returned to obtain a wallet size) and the date of naturalization is on the copy. Would that be sufficient?
Mary

[mler]

That seems like all you need if it is an official copy. They never keep the naturalization certificate anyway--only the copy. Just be sure to schedule your appointment at the consulate a bit before you plan to go to Italy. After you complete the form, you have one year to take care of this. Let me know how it goes. We're tentatively planning to do the same thing next year, and I'd love to know your experience.

[MaryL]

No I dont have an official copy. The official copy was returned to Citizenship Canada so that I can obtain a wallet size. I will bring it with me anyway.
I will definately keep in touch. I found these forums to be excellent. It would have taken me months to find all this information, perhaps more!
Mary

[MaryL]

I forgot to mention that I just wrote a blurp on Italian Citizenship board. Your thought?

[teddi]

See http://expatsinitaly.com/forum/viewtopi ... 17#p139817

[MaryL]

Greetings everyone and Happy New Year! After many months and thanks to everyone’s help, I was able to collect all documentation to go to Italian Consulate to re acquire Italian Citizenship. (Born in Italy but naturalized Canadian in 1963). The request has been sent to Comune in Italy. Next step is for me to make an appointment for the Consulate to obtain a Visa. I read the consulates web site, however it’s not clear for me. I'm hoping someone on this forum can clarify the following question: 1. what do I bring with me to the Consulate? Do I need pictures if the picture is already on my Canadian Passport? 2. When going to Consulate for Visa do I need to book a flight to Italy as proof? It’s difficult to predict return date (i.e. enough time to meet with Questura and Comune). 3. I will be staying with family in Italy; do I need document confirming from my Italian relatives that I will be staying with them? If so does anyone have a sample? 4. What kind of documentation of autonomous economic resources? If I bring them bank account statements, what time frame is acceptable (i.e. 3 months?) Thank you. Mary