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-   -   Failure! (https://britishexpats.com/forum/italy-77/failure-879764/)

OliveCameToo Jul 1st 2016 7:18 am

Failure!
 
My appointment at the Consulate was Thursday and it seems that due to a bureaucratic error I cannot claim dual citizenship through ancestry.

I had all the paperwork, including both her passports, that I supposedly needed.

But, when I got there I was told that my mother had automatically lost her Italian citizenship when she married my father in 1947. I'm not sure she knew at the time. Then when she applied for her Italian passport, somebody at a Southampton office she attended didnt look into the fact that she had lost her Italian citizenship and would have to re-aquire it before she could proceed.

So, mum spent all that time thinking she had dual citizenship due to an error which means I cannot apply in the way I did.

The lady at the Consulate gave me some info and websites etc but I cannot see that it will be of any use. She said she has seen hundreds of people in a similar situation, having problems because staff have not looked for the correct information.

To say I'm pi**ed is an understatement and my mind is a bit of a whirl. Any tips anyone please?!

OliveCameToo Jul 2nd 2016 9:42 am

Re: Failure!
 
Anyone?

mmmmbuti Jul 2nd 2016 10:29 am

Re: Failure!
 
I guess the only chance you have is to seek to become Legal guardian of your mother and then apply in her name for her to regain Italian citizenship. But in order to do so she will have to reside in Italy. After that if I'm not wrong you'll be able to apply for citizenship yourself.

OliveCameToo Jul 2nd 2016 7:48 pm

Re: Failure!
 
She resides in the UK and that situation wont ever change.

mmmmbuti Jul 3rd 2016 1:16 am

Re: Failure!
 
Then the only other option you have is to move to Italy yourself. After residing in Italy for 3 years, children of former Italian citizens may apply for citizenship.

mmmmbuti Jul 3rd 2016 2:19 am

Re: Failure!
 
Also have a look here: https://en.wikipedia.org/wiki/Italia...maternal_lines

It looks you would have a good chance of being awarded citizenship if you made a case in the Italian Court.

OliveCameToo Jul 3rd 2016 4:16 am

Re: Failure!
 
Yes I found that last link when researching on my return from London. It has cost us a fair bit so far, I wonder how much it would cost to take it to court?

Maybe the new female mayor of Rome can start changing unfair legislation!

clint Jul 3rd 2016 4:29 am

Re: Failure!
 

Originally Posted by OliveCameToo (Post 11992578)
Yes I found that last link when researching on my return from London. It has cost us a fair bit so far, I wonder how much it would cost to take it to court?

Maybe the new female mayor of Rome can start changing unfair legislation!

A mayor can only act on council level issues not national law.

To be honest it will probably be quicker for you to apply for citizenship through residency than going to court,

We took our agent to court in 2009 and fingers crossed next week there should be the final court hearing

OliveCameToo Jul 3rd 2016 4:46 am

Re: Failure!
 
What are court and lawyer costs like Clint? Obviously I know that it depends on what it is for.

clint Jul 3rd 2016 6:24 am

Re: Failure!
 
just to start the court case I had to pay 2000€, the judge appointed a court assessor and that was another 2500€ (sort of split between us and the defendant)

philat98 Jul 3rd 2016 6:55 am

Re: Failure!
 

Originally Posted by OliveCameToo (Post 11992603)
What are court and lawyer costs like Clint? Obviously I know that it depends on what it is for.

In our town nearly every old pallazo with a big wooden door and every modern office block has the name of a law studio. It is quite a good business here in Italy. They don't seem to be aware of any recession.

OliveCameToo Jul 3rd 2016 8:29 am

Re: Failure!
 
I was so optimistic when I began all this...............

Lorna at Vicenza Jul 4th 2016 9:36 am

Re: Failure!
 

Originally Posted by OliveCameToo (Post 11992780)
I was so optimistic when I began all this...............

I'd get another appointment and ask specifically ........... if my mum really did lose her citizenship upon marriage - despite Italian legislation saying this old law was revoked ............. what do we do now to get it back? What do her kids do?

Lorna at Vicenza Jul 4th 2016 9:38 am

Re: Failure!
 
P.S. Please don't start a new thread for every chapter of your journey. Stick to just one. We can see when new posts have been added.

OliveCameToo Jul 4th 2016 8:10 pm

Re: Failure!
 
I dont have time to make another appointment and anyway a London trip is a long haul from where I live and is too stressful to do all over again!
They told me she had lost it, as I said above (and it is not legislation yet) and told me I had to chase up any document saying otherwise.
Other option is to make a case in the Italian court, I dont want to spend that sort of money.
I posted as I hoped someone may have been in the same position and found a solution.

OliveCameToo Jul 12th 2016 6:32 am

Re: Failure!
 
Can anyone tell me where I go for proof that my mother may have resided in Italy for the allotted time? (to get back her citizenship?)
And what proof I can use, if she did?

mmmmbuti Jul 12th 2016 7:06 am

Re: Failure!
 

Originally Posted by OliveCameToo (Post 12000861)
Can anyone tell me where I go for proof that my mother may have resided in Italy for the allotted time? (to get back her citizenship?)
And what proof I can use, if she did?

You need to go to the town hall of the place where she used to live and ask for a certificato di residenza storico. In Italy residence is registered on public records and it's public information. An official certificate is the only accepted proof.

OliveCameToo Jul 13th 2016 12:07 am

Re: Failure!
 
Thank you mmmmbuti. I presume the town hall is the 'commune'?

linseed oil Jul 15th 2016 2:06 am

Re: Failure!
 

Originally Posted by OliveCameToo (Post 11991306)
My appointment at the Consulate was Thursday and it seems that due to a bureaucratic error I cannot claim dual citizenship through ancestry.

I had all the paperwork, including both her passports, that I supposedly needed.

But, when I got there I was told that my mother had automatically lost her Italian citizenship when she married my father in 1947. I'm not sure she knew at the time. Then when she applied for her Italian passport, somebody at a Southampton office she attended didnt look into the fact that she had lost her Italian citizenship and would have to re-aquire it before she could proceed.

So, mum spent all that time thinking she had dual citizenship due to an error which means I cannot apply in the way I did.

The lady at the Consulate gave me some info and websites etc but I cannot see that it will be of any use. She said she has seen hundreds of people in a similar situation, having problems because staff have not looked for the correct information.

To say I'm pi**ed is an understatement and my mind is a bit of a whirl. Any tips anyone please?!

i can put you in tuch with some one who could help if you want pm me


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