Dual Citizenship Eligibility - Law 379/2000

[stublad]

Hey everyone,

I have a question regarding Italian citizenship via Jus Sanguinis that I'm hoping can be cleared up here as I've seen conflicting information.

I've been researching my Great Great Grandfather named Oreste Castagnari on and off over the years, but come back to it recently. I've received information that he may have potentially originated from the village of Formegan in Belluno province, Veneto. Oreste was born in 1868 as far as I've been able to tell, although I cannot locate an exact date of birth. Besides that, all I know is his father was named Joseph (though it was likely Giuseppe I imagine).

At some point between 1868 and 1895, Oreste emigrated to the United Kingdom, settling down in London and starting a family. As far as I've been able to tell, Oreste never naturalised and therefore never renounced his Italian citizenship.

My question is regarding Law 379/2000. It is mentioned that people who originated from Veneto province would not be eligible for dual citizenship unless you "prove that he or she emigrated from Italy AFTER 16 July 1920". As he was in England by 1895 at the earliest, I understand that this seems to rule out eligibility.

However, I have seen other people online mention that they were able to successfully obtain citizenship using a deceased relative from Veneto province after the 2000-2010 ruling of Law 379/2000 that let people bypass this restriction.

Everything I've read online seems to point to the fact that in 1866, Veneto province was ceded by France to the newly formed Kingdom of Italy. Since Oreste was born 2 years after this, would this not make him an Italian citizen?

In short, if my GGF Oreste was born in 1868 and did come from Veneto, would this make me ineligible for Italian Citizenship via Jus Sanguinis?

If so, if I am able to trace his parents, could I potentially claim ancestry through them?

I appreciate your help in this matter and thank you for reading.

[cedrone]

I am not an expert in this matter, but I'd say that law does not apply to your case.
First of all, the law refers to people emigrated BEFORE 17/7/1920 and born in the territories  part of the preceding Regno Lombardo Veneto,  part of the Austrian Empire.
It seems this was a special law, by which Italy wanted to equiparate  those people, that were not Italians, to Italians, because, should they have not emigrated, after 1866 they should have become Italians.
If your ancestor was born after 1866 he was Italian, so does apply the usual law.

I hope to have understood well the law.

[mler]

The time restriction to which you refer does not apply to all of Veneto, only to those areas that were subsequently annexed by Austria. This does not include Belluno province. Oreste was an Italian citizen.