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q
The child of a father or mother with
Italian nationality is Italian by birth, independently of where they
are born (this
is what is defined as nationality iure sanguinis, namely right
of blood). However it should be recalled that nationality through the
mother’s line is only recognised for those born after 1 January 1948
(the date the Constitution of the Italian Republic came into force),
whereas Italian citizenship through the father is transmitted without
limitations of time and generation, so long as it is not interrupted
due to loss or renunciation before the birth of children or before
these reached the age of 18 (21 for those born before the coming into
effect of the Law of 19 May 1975, no. 151)
q
In
many countries, above all in Latin America or countries of Anglo-Saxon
origin, nationality is instead given due to birth within the territory
of the State (iure soli citizenship), independently of the
nationality of the parents. In
these cases those concerned may therefore enjoy dual nationality.
q
A foreigner, whose father, mother, grandfather or grandmother were
Italian citizens by birth, may take nationality:
a)
if they do national service for the Italian State and declare in
advance that they wish to acquire Italian nationality;
b)
if they are employed by the Italian State, also abroad, and declare
that they wish to acquire Italian nationality;
c)
if, on reaching the age of 18 and legally resident for at least two
years in Italy, they declare, before their 19th birthday, that they
wish to acquire Italian nationality.
q
Italian
nationality may also be given by decree of the President of the
Republic:
a)
to foreign citizens whose father, mother, grandfather or grandmother
were citizens by birth or who were born in Italy. In both cases
residence of at least three years in Italy is required;
b)
to the citizen of a member State of the European Union, if they have
lived in Italy for at least four years;
c)
to a foreign citizen who has lived in Italy for at least ten years;
q
The foreign spouse of an Italian citizen may acquire Italian
nationality when they have lived in Italy for at least six months or
three years after the date of the marriage.
Divorce or legal separation must not
have taken place. Nationality by marriage is acquired by decree of the
Ministry of the Interior, following the request of the person
concerned and presented to the competent Italian Consulate, if living
abroad, or to the competent Prefect (in Trentino to the Government
Commissioner for the province of Trento), if living in Italy.
q
The
Italian citizen who has, acquires or reacquires the nationality of
another State conserves their Italian nationality, unless they
expressly renounce it, if they live abroad.
Dual nationality is permitted by our
law, but the person concerned must also refer to the law of the
country of which they have, or intend to acquire, nationality, because
possible conflict may arise between the laws of the two countries. It
may be noted, for example, that some countries grant nationality of
their country on condition that nationality of the country of origin
is renounced, while in some cases the reacquiring of Italian
nationality may lead to automatic loss of the foreign nationality.
q
Those who have lost Italian nationality may reacquire it:
a)
if they do national service for the Italian State and declare, before
commencement, that they wish to reacquire Italian nationality;
b)
if, taking or having taken a job in the employment of the Italian
State, also abroad, they declare that they wish to reacquire Italian
nationality;
c)
if they declare they wish to reacquire nationality and have
established their residence in Italy or establish this within one year
of the declaration (reacquisition on request);
d)
one year after the date on which they established residence in Italy,
unless they specifically renounce it (automatic reacquisition).
q
A woman who, before the coming into effect of the law of 19 May 1975,
no. 151 (which reformed family
law introducing the principle of equality between men and women in
family relations), lost their Italian
nationality following marriage to a foreign citizen or changing of
nationality by the husband, may reacquire it by declaring that she
wishes to do so at the competent Italian Consulate or at the Italian
commune in which she is resident.
It should be noted that in this case
the reacquisition is retroactive; it is as if the woman had never lost
her Italian nationality. This also means that children born before the
date of the declaration for the reacquisition of Italian nationality
by the mother are recognised as Italian citizens by birth.
Obviously in these cases the general
rule is valid, according to which nationality through the maternal
line is only recognised for those born after 1 January 1948.
q
Persons born and already resident in territories which are currently
Italian and which belonged to the Austro-Hungarian Empire, who
emigrated abroad before 16 July 1920 and their descendants are
entitled to Italian nationality if, within five years of the date that
the law of 14 December 2000, no. 379 came into force, they declare
their wish to reacquire nationality before the Registrar in the
commune of residence in Italy or before the diplomatic or consular
authorities of their place of residence abroad.
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