Claim to citizenship concerning independent naturalization of a minor

[barone]

Hi all,

I am investigating whether I have a jure sanguinis claim to italian citizenship through my mother, and would appreciate your thoughts on my circumstances:

1. Mother born in Italy in 1960.
2. Italian grandparents and mother immigrate from Italy to Australia in 1963. Mother is 3 years old at the time.
3. Around 1976, grandparents naturalized Australian citizens thereby renouncing Italian citizenship.
4. Around the same time in 1976, mother independently naturalized as an Australian citizen independently from grandparents. She was 16 at the time and has her own naturalization certificate with no mention of her parents.

I understand that if a minor (in this case my mother) naturalizes in a foreign country independently they do not renounce their Italian citizenship.

Does this rule apply even though their parents also naturalized around the same time and did not hold Italian citizenship at the time she became of legal age?

Note that I was born many years later in 1987.

Many thanks in advance

[mler]

Since her parents naturalized while she was still a minor, she lost Italian citizenship. Her own naturalization counts for Australia. Her parents' naturalization counts for Italy. Sorry.

[mler]

To clarify further. The age of majority was 21 in Italy until 1965. If your mom naturalized in 1976, she was still a minor.

Here is where dates become important. If her parents naturalized after her 18th birthday, their naturalization did not affect her, so check carefully.

[barone]

Many thanks - will investigate the dates my grandparents naturalised.

[Emile]

Hello! I have a similar situation: my grandfather emigrated to the US in 1931, when he was 12 years old, and naturalized independently (so it seems). His mother and father had naturalized earlier. Does this mean I'm also ineligible for citizenship?

[mler]

Unfortunately, yes. Derivative naturalization ended the citizenship of the minor child.

[arturo.c]

To clarify further. The age of majority was 21 in Italy until 1965. If your mom naturalized in 1976, she was still a minor.

That's not correct. The age of majority in Italy was amended from 21 to 18 on March 10, 1975 when the new law amending it (Law 8 March 1975 no. 39) came into force.

[mler]

You are correct. It wasn’t until 1975 when the age of majority changed for Italy. I mistyped. In both cases, however, derivative naturalization occurred.