This week we talk about Italian citizenship acquired following an expression of intent.
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The acquisition of citizenship occurs based on the so-called naturalization in the following cases:
BY DESCENT: 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:
BY BIRTH AND RESIDENCE IN ITALY (IUS SOLI): foreigners born and resident in Italy without any interruptions until the age of eighteen, stating within the day they turn nineteen that they intend to become Italian nationals, may acquire Italian citizenship.
This is a form of ius soli, subject to enforcement only if three of the requirements above apply: birth in Italy, uninterrupted residence until turning eighteen, and statement of intent within one year as from the day of reaching one’s majority.
The Ministro delgi Interni , however, through a circular letter dated 7th November 2007 had clarified that the late registration of a minor in an Italian Municipality, shall not be considered as prejudicial to acquire 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. vaccination certificates, medical certificates in general, etc.). Suppose there are short interruptions during the periods following births. In that case, the interested parties may produce additional information such as school or medical certificates showing their presence in Italy to give evidence of their uninterrupted presence in the Italian territory.
The declarations of intent to acquire Italian citizenship is made by the Registrar of the Municipality of Residence or, in case of residence abroad, to the Italian Diplomatic or Consular Authority, by filing the documentation showing the ownership of requirements. Additional information is available on the official website of one’s Municipality or Consulate of the Country of residence.
As of 1st January 2012, the general rules on self-certifications apply to granting Italian citizenship.
Therefore, the municipality cannot ask the interested party to produce documents certifying statuses, personal qualities and facts that can be found at the municipal office through an application filed to another Administration. However, the interested person shall include in his/her application all the necessary elements to allow the Administration to find the information or data required.
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I'm Natalia Bertelli, an English/Spanish to Italian legal translator. Since 2008 I have been working on contracts, judicial deeds, certificates, corporate translations for foreign clients who want to do business in Italy, get a dual citizenship or simply settle in my beautiful country.