I hope someone can answer some questions that I have not been able to find on this or another forum. My case is posted below and I welcome any comments on it.
My three sons and I have a 1948 case pending. My case was filed on April 18, 2018 and our next hearing date is October 16, 2019. The judge assigned is Cristiana Ciavattone. My attorney, Marco Mellone, said that my claim will be analyzed on that date and the final decision will be made two months later. My questions if we are successful:
-I have two young grandsons that my son will register with AIRE. My son is divorced and in order for the children to apply for an Italian passport they must be accompanied by one parent along with a consent form from the other parent. If for some reason their mother does not want to fill out the consent form, are they still considered Italian citizens without getting their passports? If we do have a consent form, do we also need their birth certificates translated with an Apostille?
-Another son was married recently. When should his marriage certificate be sent to the Vital Records Office, Stato Civile? I am assuming after he submits his AIRE registration.
Any help or comments are appreciated. Thank you.
kltbtd
Giudice
CIAVATTONE CRISTIANA
Sezione: SEZIONE STRANIERI DIRITTI PERSONA
Stato fascicolo
ATTESA ESITO UDIENZA DI COMPARIZIONE
Data prossima udienza
Mer 16/10/2019 12:00
Storico fascicolo
11/04/2018 - ISCRIZIONE RUOLO GENERALE
18/04/2018 - ASSEGNAZIONE A SEZIONE
14/06/2018 - DESIGNAZIONE GIUDICE
30/08/2018 - FISSAZIONE UDIENZA DI COMPARIZIONE PARTI
30/08/2018 - ANNOTAZIONE
1948 case
Re: 1948 case
Neither your divorced son nor his minor children will be able to get passports without the notarized consent of his ex-wife. That will not change the fact that they are Italian citizens.
All pertinent documents such as a recent marriage or child’s birth should be sent to the consulate for updating the AIRE registry. He will have to wait until he himself is registered.
All pertinent documents such as a recent marriage or child’s birth should be sent to the consulate for updating the AIRE registry. He will have to wait until he himself is registered.
Re: 1948 case
Thank you for your response. I understand that the children need the consent of both parents for a passport and I’m glad to know they would be Italian citizens without one as I thought a passport was a necessary step in this process.
Can you please elaborate why my son would need his ex-wife’s consent to get his passport? I read the AIRE form and only see that a consent is necessary for the children.
Thanks again.
kltbtd
Can you please elaborate why my son would need his ex-wife’s consent to get his passport? I read the AIRE form and only see that a consent is necessary for the children.
Thanks again.
kltbtd
Re: 1948 case
It’s apparently a fairly new thing, and I don’t think it makes much sense either. I’m guessing it has something to do with a parent leaving the country to avoid parental obligations.
Someone mentioned this requirement on another site, so I read the instructions more carefully, and it appears that now permission is indeed required even to obtain your own passport. It also appears necessary that she sign the form in person if she is not herself an EU citizen. Good to know. I informed my son, who has yet to renew his own passport, that he will need his wife’s permission. I don’t think the grandkids will be getting passports until they are adults.
The following is from the consulate website:
If you wish to apply for an Italian passport and have children under the age of 18, you must ask the other parent to c SECTION B of your passport application form (MOD1). Parental consent is mandatory whether you are single, married, separated or divorced.
If the other parent is an EU citizen, he or she can complete and sign Section B of your passport application form in person or at home. Don’t forget to provide a photocopy of their passport or Identity card (clearly showing their photograph and signature) so that we can verify that the signatures match.
If the other parent is not an EU citizen, he or she must complete and sign Section B of your passport application form in person. Don’t forget to provide a photocopy of their passport or Identity card (clearly showing their photograph and signature) so that we can verify their identity. If the other non EU parent is not resident in England, you must ask them to sign a Parental Consent form, in person, at their nearest Italian Consulate/Embassy or Questura (police station in Italy).
Once the Parental Consent form has been legalized, the other parent must send it to you so that you can submit it together with your passport application form (MOD1).
If the other parent is deceased, you must provide a death certificate together with your passport application form (MOD1).
If you wish to apply for an Italian passport for a child, both parents must complete and sign MOD2. Please note that the rules regarding EU and non EU citizens described above still apply.
Someone mentioned this requirement on another site, so I read the instructions more carefully, and it appears that now permission is indeed required even to obtain your own passport. It also appears necessary that she sign the form in person if she is not herself an EU citizen. Good to know. I informed my son, who has yet to renew his own passport, that he will need his wife’s permission. I don’t think the grandkids will be getting passports until they are adults.
The following is from the consulate website:
If you wish to apply for an Italian passport and have children under the age of 18, you must ask the other parent to c SECTION B of your passport application form (MOD1). Parental consent is mandatory whether you are single, married, separated or divorced.
If the other parent is an EU citizen, he or she can complete and sign Section B of your passport application form in person or at home. Don’t forget to provide a photocopy of their passport or Identity card (clearly showing their photograph and signature) so that we can verify that the signatures match.
If the other parent is not an EU citizen, he or she must complete and sign Section B of your passport application form in person. Don’t forget to provide a photocopy of their passport or Identity card (clearly showing their photograph and signature) so that we can verify their identity. If the other non EU parent is not resident in England, you must ask them to sign a Parental Consent form, in person, at their nearest Italian Consulate/Embassy or Questura (police station in Italy).
Once the Parental Consent form has been legalized, the other parent must send it to you so that you can submit it together with your passport application form (MOD1).
If the other parent is deceased, you must provide a death certificate together with your passport application form (MOD1).
If you wish to apply for an Italian passport for a child, both parents must complete and sign MOD2. Please note that the rules regarding EU and non EU citizens described above still apply.
Re: 1948 case
Thank you for this.
I just reread the passport requirements on the Boston Consulate website and my son will indeed need his ex-wife’s consent. The Boston Consulate's requirements are different from yours in that a letter of consent from the ex-spouse is accepted. I posted the paragraph below.
After we are registered in our comune and we register in AIRE, we will send the children's birth certificates to the consulate and at least they will be Italian citizens.
"If the applicant has children who are minors, in addition to the above stated requirements, both parents must be physically present or, alternatively, must provide a signed letter of consent from the other parent (attaching a copy of a valid document if he/she is an Italian/EU citizen or attaching a notarized signature by a Notary Public if he/she is a foreign citizen)."
I just reread the passport requirements on the Boston Consulate website and my son will indeed need his ex-wife’s consent. The Boston Consulate's requirements are different from yours in that a letter of consent from the ex-spouse is accepted. I posted the paragraph below.
After we are registered in our comune and we register in AIRE, we will send the children's birth certificates to the consulate and at least they will be Italian citizens.
"If the applicant has children who are minors, in addition to the above stated requirements, both parents must be physically present or, alternatively, must provide a signed letter of consent from the other parent (attaching a copy of a valid document if he/she is an Italian/EU citizen or attaching a notarized signature by a Notary Public if he/she is a foreign citizen)."
Re: 1948 case
That, at least, makes it a bit easier. I wish there were some consistency among consulates. 
Re: 1948 case
Mler, that was good information discovery,
I wonder if the requirement is the same if he were to apply for the passports directly at the commune.
I wonder if the requirement is the same if he were to apply for the passports directly at the commune.
