italian citizenship for refugees
The acquisition of nationality occurs by naturalisation in the following cases: foreign or stateless spouses of Italian citizens may become Italian nationals after two years of legal residence in Italy or, if resident abroad, after three years as from the day of marriage, unless dissolution, annulment or separation occur, and if no legal separation intervenes. The foreigner claiming recognition of Italian citizenship must produce the following documents: 1) Certified Abstract of an Entry in the Register of Births of Italian ancestor who emigrated abroad, issued by Italian Municipality of their birth (including all annotation and obviously especially any regarding possible loss and/or in reacquisition of Italian citizenship); 2) birth certificates, complete and in copy with an official Italian translation of all direct descendents, including that of the person claiming to possess Italian citizenship; 3) Complete marriage certificate of the Italian ancestor who emigrated abroad, together with an official Italian translation if the marriage took place abroad; The Italian government has passed a decree which will make it easier to deport migrants and strip them of Italian citizenship. The citizenship by naturalisation is granted through a Presidential Decree. – Certificate of recognition of refugee status or stateless citizen status; The acquisition of citizenship by birth in the Italian territory from non-Italian nationals is envisaged in two cases only: if both parents are either unknown or stateless; if the son does not have the same citizenship as his/her parents according to the law of the State of which they are nationals. Citizenship by naturalisation is granted to the foreign national citizen: who has been legally residing in Italy for 10 years (non-EU citizens) who has been legally residing in Italy for 4 years (EU citizens); The acquisition of citizenship occurs on the basis of the so-called naturalisation in the following cases: either foreigners or stateless persons, wherever born, whose mothers and fathers (or one of their grandparents) were Italian citizens by birth and subsequently lost the Italian nationality, acquire the Italian citizenship if owning one of the following requirements: effectively do the military service in the Italian Armed Forces and preventively state they intend to acquire the Italian citizenship; perform a public employment, also abroad, for the Italian State; when turning 18, have been legally resident in Italy, with no interruptions whatsoever, for at least two years. From a wider international perspective on the access to citizenship, the first element that comes out is that regulations considerablyvary, and no real convergence exists. 809020 to the attention of: Ministero Interno D.L.C.I. – The website of the German Ministry of Foreign Affairs contains information on the procedures to acquire the German citizenship as well as a series of useful FAQ, Cases in which the citizenship is automatically acquired, Cases in which the citizenship is acquired following an expression of intent, Cases in which the citizenship is acquired by naturalisation, Residence permit pending the acquisition of nationality. Copy of receipt of payment of a €200,00 processing fee, to be paid on the current account no. Italian Citizenship Assistance (ICA), an Italian company that helps foreigners become citizens, told CNN that the number of applicants from the … – lineage with the emigrated ancestor and their original Italian citizenship iure sanguinis In our system, citizenship is regulated under law. sanguinis" (right of blood), for which the son, born from Italian father or Italian mother, is Italian. Photocopy of a valid passport and photocopy of the Permit of Stay. decision no. Any child born of an Italian father or mother is automatically Italian, as is a child born in Italy of unknown or stateless parents, or if the child doesn’t obtain the citizenship ( cittadinanza) of its parents under the law of their country. For the correct presentation of the application and for obtaining the correct documentation to include it is crucial to have the assistance of an English-speaking lawyer/attorney in Rome who is entirely familiar with the subject, who speaks English and who resides in Rome. The non-adoption of a measure granting or denying nationality within the deadline provided for by the law does not entail a silence-refusal approach, since the Ministry of the Interior shall in any case issue an explicit decision. We understand this process is complicated - Click here for a Free Phone Consultation The interested person shall however include in his/her application all the necessary elements to allow the Administration to find the information or data required. To this end, to women of Italian ancestry born abroad, until today, the faculty to transmit citizenship only to children born after 1 January 1948 was recognised, that is to say after the Constitutional Charter came into force, sanctioning the complete application of the principle of parity between men and women, as concerns the transmission to children of one’s citizenship. birth, adoption, recognition or judicial statement of descent, etc. N.B. In these cases the application for nationality, addressed to the President of the Italian Republic, shall be filed to the. for stateless people or political refugees, 5 years of legal residence on the territory of the Italian State is required. Therefore, applicants shall not produce certificates bearing information or data already owned by the Italian Public Administration, but only include in the application all the elements necessary to find such information or data. Those who receive subsidiary protection are subject to the general rule and must live in Italy uninterrupted for 10 years. The acquisition of nationality by marriage is not possible if foreigners were imposed criminal convictions either in Italy (offences for which a punishment of at least three years of imprisonment is imposed) or abroad (offences for which a punishment exceeding one year is imposed for a non-political offence acknowledged by a decision of Italian Authorities). Therefore, it is currently possible for the descendents of these women to request the Court for recognition of Italian citizenship, while it remains impossible to get recognition of this status by administrative means. ITALIAN CITIZENSHIP CAN BE ACQUIRED IN ONE OF THE FOLLOWING WAYS ... or following the recognition of status for stateless people or political refugees. ); Privileges and obligations granted by the law (descent, birth and continued residence, etc. The documents for obtaining Italian citizenship through residence are: Foreign Citizens who are political refugees or stateless: According to the website of the Embassy of Italy in Ottawa, it can be reduced to five years for displaced persons or refugees, to four years for EU citizens and to three years for descendents of former Italian citizens by birth (ibid. – Photocopy of passport, Permit of Stay, fiscal documents and receipt of payment of 200 euro processing fee. The documentation to be enclosed to the application is listed in the application form. Required limit of annual earnings: all the foreign citizens who fall within one of the above-mentioned cases are required to meet one other requirement – that of personal earnings or family earnings if belonging to the same nuclear family and resulting in the same family status. Criminal Records Certificate from the country of origin and/or from any other countries the applicant has resided in previously. According to the Law, the procedures for the granting of nationality shall end, The Ministry of the Interior, through its. The terms and conditions above are halved in case of children born from or adopted by the spouses. Form B application with € 16,00 stamp duty payable only online and presenting the following original documents issued by the competent Diplomatic Consular Authorities of the State of membership: Birth Certificate translated and issued in accordance with the instructions contained in the application form. For foreign citizens from the E.U. By application: through marriage or residence. Thousands of people around the world who qualify for Italian Citizenship are currently exploring the possibility to become dual citizens. On November 28 the Italian parliament gave green light to an immigration law that includes new requirements for Italian citizenship. Therefore, if short interruptions are identified during the periods following births, the interested parties may produce additional information such as school or medical certificates showing their presence in Italy, in order to give evidence of their uninterrupted presence in the Italian territory. 1486 of 26. This has induced the authorities to modify also the formalities for presenting applications, which can now be made online. as subsequently amended), whenever the Italian nationality is pending, foreigners may obtain a residence permit authorising them to reside in Italy until the end of such procedure. minor children of parents who acquire or reacquire the Italian citizenship directly acquire it provided that they steadily and effectively live with them. The acquiring of Italian citizenship is subject to particular rules. Court of Appeal of Naples, Division I, Decision no. The website of the UK Border Agency contains information on the procedures to acquire the British citizenship as well as other forms of British nationality. The application for the Italian nationality shall be filed to the Prefecture – Territorial Office of the place of residence (or, if the interested person is located abroad, to the relevant diplomatic-consular authority) by means of a suitable written application (, ). Our legal system has recognised to women the faculty to transmit their Italian citizenship to their children through the Constitution. foreigners may apply for the Italian citizenship after. The ascertainment procedure is generally rather quick if the assessments to be performed show no particular difficulties. They are accompanied to independent housing in one of two towns, Riace or Caulonia. 28 of the Consolidated Law on Immigration, among those “suitable to allow family unity”, however entitles to apply for family reunification. foreigners born and resident in Italy without any interruptions until the age of eighteen, stating, The Ministry of the Interior, however, by means of a. clarified that the late registration of a minor in an Italian Municipality, shall not be considered as prejudicial for the purpose of acquiring the Italian citizenship in case documents are available showing the presence of minors in our Country in the period preceding the birth registration (i.e. The delay in completing the procedure for the granting of the Italian nationality (over 730 days as from the date of filing of the application) represents an unjustified behaviour by the relevant Administration, which although not leading to an implicit acceptance of the application, allows to place the Administration in default. 1.- Cases in which the citizenship is automatically acquired, Integrazione Migranti © 2015 - Tutti i diritti riservati -. 12 of the Regulation implementing the Law. Art. Italian citizenship through residence is granted by the Home Office to foreign citizens resident in Italy in possession of at least one of the following requirements: Not only does it reconnect you with your Italian Heritage and Homeland, but it also allows you to be eligible to work, live and study in the European Union countries without the need for a Visa. Italy announced plans to give citizenship to children born of refugees who have been granted asylum, as the government faced growing anti-immigrant sentiment over … The website of the French Ministry of Foreign Affairs contains information on the procedures to acquire the French citizenship. In particular, the website contains reports published by history experts and documents on the present regulations on citizenship in any Country, besides databases for the research on the laws regulating nationality and all international legal rules on this topic. . The controversial bill was proposed by far-right Minister of the Interior Matteo Salvini to target refugees and asylum seekers. If an Italian citizen adopts someone when they were a child, this person must live in Italy for 7 years. The declarations of intent to acquire the Italian citizenship shall be made to the. Furthermore, it shall be in force at the moment of acquisition or reacquisition of citizenship by one of the parents. The application shall be equipped with a serried of documents listed in the application form. To qualify, your parents or parent must still hold their Italian citizenship. Thank you for the help!! For refugees or stateless persons, five years. If the refugees or stateless citizens do not possess a birth certificate they can present in its place an Affidavit, to be requested and drawn up by the Records Office of the competent Court for their place of residence. In-depth information on the regulations in force, by ANCI, Save the Children, Rete G2- Seconde generazioni, In-depth information on the rules and procedures regulating the acquisition of the Italian citizenship is also available in, In-depth information on the acquisition of the Italian nationality following marriage with an. 7) GRANTING OF ITALIAN CITIZENSHIP PURSUANT TO SPECIAL MERITS. An Italian law firm that has experience on the subject of how to get Italian citizenship, through an Italian English speaking Lawyer specialized in citizenship, can help to overcome the numerous formalities necessary for obtaining recognition of Italian citizenship. The Italian law accepts double (or multiple) nationality. Use citizenship by descent if your parents are Italian. One particular regulation is provided for foreigners who have an ancestor who was an Italian citizen and emigrated abroad without losing his or her citizenship. This certificate is not necessary if the foreign citizen was born in Italy or has resided in this country since before his or her 14th birthday. - The Italian mother can transfer her Italian citizenship only to children born from 01.01.1948, providing that she has not lost her Italian nationality; - Applicants will need to attend the Consulate in person. I'm not sure if this is a viable option. The Us Department of Homeland Security website contains the information and the forms necessary to acquire the US citizenship. An entry visa for pending citizenship cannot be obtained from abroad. Italian citizenship is granted to any minor child adopted by an Italian citizen by means of a ruling of the Italian Judicial Authorities or, in case of adoption abroad, by means of a ruling issued abroad and made effective and binding in Italy, through an order (issued by the Juvenile Court for minors) for enrolling in the Civil Status Register. For applicants with a spouse, an increase of up to 516,00 euros for each further dependent person. – Minors born in Italy may acquire the Italian nationality although their parents were not legally resident in Italy at the moment of their birth. vaccination certificates, medical certificates in general, etc.). Foreign citizens can get it if they have certain requirements. The permit shall be applied to the Police Headquarters through the eligible Post Office by filing an application in a suitable form. The competent authority performing the ascertainment is determined on the basis of the place of residence: for residents abroad, such authority is the, for residents in Italy, such authority is the Registrar of the. To whom shall the application for the acquisition of the Italian citizenship by naturalisation be filed? – the absence of foreign naturalization on the part of the ancestor 4) Complete marriage certificate of his/her direct descendents, including that of the parents of the person claiming to possess Italian citizenship; Apply in Italy to your regional prefecture. ); The acquisition of the Italian citizenship is not prejudicial for the maintenance of the citizenship of the Country of origin, unless the laws in force in such country prohibit dual nationality. a. the Prefect in case of applications filed by foreigners legally residing in Italy; b. the Ministry of the Interior – Head of Department for Civil Liberties and Immigration, in case foreign spouses reside abroad; c. the Ministry of the Interior in case of National Security issues. Should the Italian ancestor, born in Italy and emigrated abroad, have used his or her name and surname under a different form, that is to say, if the personal details of the same person are specified differently in the deeds relative to the ancestors, it is necessary that these are all stated on the above-stated certificate. urged the Prefectures to comply with the deadlines provided for by the Law. Foreign Citizen born in Italy and legally resident for at least 3 years. Some of the main benefits of citizenship actually come as a result of Italy being a member of the EU. Does Italy recognize iure sanguinis through Italian refugees from Yugoslavia? For foreign citizens who, following marriage, have acquired the surname of their husband it is necessary to verify that the birth certificate includes both the maiden surname and that acquired as a spouse. Should there be no resulting legalization provided by the competent consular Authorities, all documentation must be presented supplied with the Apostille Treaty (The Hague Convention dated 5 Octtober 1961). – Affidavit to be drawn up by the Council of residence. The matter is currently governed by law n.91 from 5 February 1992, as amended by the law 9 AM – 5 PM EST, Copyright © 2021 - Rossi & Rossi Law Firm di Carlo Umberto Rossi, Visa And Permit Of Stay For Self-Employment, English Speaking Italian Immigration Lawyer, English Speaking Italian Real Estate Law Firm In Rome, Siena, Perugia And Florence, Release of the EU BLUE CARD – Entry and residence. Here it follows some of the main decisions. Nationals associated with European Union member states must live in Italy for 4 years. E.U. 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