Am I eligible for Italian citizenship?

[sblast]

The rules seem very confusing and I have not been able to answer this question myself as none of the criteria seem to address my circumstances. It seems that I am not eligible but I was wondering if anyone here could shed any light or offer any hope that I might actually be eligible after all?

My mother was born in Italy in 1947 and migrated to Australia with her parents in 1953. It is my understanding that she became a naturalized Australian (not by her own choice) a few years after this.

My grandmother still receives an Italian pension. Does that mean she's an Italian citizen or can you claim an Italian pension without being an Italian citizen? My grandfather died a few years ago and he also received an Italian pension.

Is it at all possible for my mother to reacquire Italian citizenship? Could she do this based on the fact that her parents were Italian citizens when she was born?

Even if my mother was able to reacquire her citizenship would I be eligible for Italian citizenship as well or is there a problem here because she is female and born before 1948?

It is all very confusing.. it's doing my head in... And I also know that it doesn't look too good for me..... I just want to know if there's ANY way around this... I'm very frustrated. The rules seem very arbitrary... Any chance they will be changed to be more flexible in the future?

[ricbru]

The rules seem very confusing and I have not been able to answer this question myself as none of the criteria seem to address my circumstances. It seems that I am not eligible but I was wondering if anyone here could shed any light or offer any hope that I might actually be eligible after all?

My mother was born in Italy in 1947 and migrated to Australia with her parents in 1953. It is my understanding that she became a naturalized Australian (not by her own choice) a few years after this.

My grandmother still receives an Italian pension. Does that mean she's an Italian citizen or can you claim an Italian pension without being an Italian citizen? My grandfather died a few years ago and he also received an Italian pension.

Is it at all possible for my mother to reacquire Italian citizenship? Could she do this based on the fact that her parents were Italian citizens when she was born?

Even if my mother was able to reacquire her citizenship would I be eligible for Italian citizenship as well or is there a problem here because she is female and born before 1948?

It is all very confusing.. it's doing my head in... And I also know that it doesn't look too good for me..... I just want to know if there's ANY way around this... I'm very frustrated. The rules seem very arbitrary... Any chance they will be changed to be more flexible in the future?

Hello,
since your mother was naturalized before you were born you cannot apply.

Your grandparents received italian pension because, I guess they deserved after working a lot. Ask your grandmother

To reaquire italian citizenship, she has to go to Italy, rent an apartment and leave there at least for one year.

If your mother reacquire the italian citizenship, you are eligible because you are born after 1/1/1948.

I hope it helps, bye Riccardo

[mler]

I'd like to clarify some of the information provided by Ricbru. Neither you nor your mother qualify for Italian citizenship jure sangunis.

Your mom lost her Italian citizenship through naturalization as a minor child (unfortunately that still qualifies as renunciation of citizenship). She can reacquire citizenship by residing in Italy for one year.

However, assuming that you are not a minor, your mother's citizenship status has no bearing on your own. If she reacquires citizenship, she does so only for herself and her minor children.

As an adult who was never an Italian citizen (but who is related jure sanguinis within two degrees), you are eligible for citizenship if you reside in Italy for three years. You can do this whether or not your mother reacquires her own citizenship.

Best of luck to you.

[ricbru]

Thank you mler, know I know more
bye Riccardo

[mler]

Hi ricbru. I know very little about the process of obtaining U.S. citizenship. I think we know less about the process in our own countries because we never need to think about it. My son recently submitted his own jure sanguinis application, so we've done our homework.

Italy's laws are very generous, but they are also complicated. I am grateful for all the information I've obtained from this site. It was through my genealogical research that I realized that I and my children were eligible. Ironically, my children do not qualify through their Italian-born father who naturalized before they were born. Crazy, isn't it?

[ricbru]

I don't think it is crazy because there is not continuity of jure sanguinis if a father naturalized citizen of the country he is hosting him.
This is my opinion
bye Riccardo

[mler]

That's true Riccardo. It only seems strange in the sense that, with such a close connection to Italy (a father who was born and raised in Italy and close family still living there), they are only eligible for citizenship through a great grandfather they have never even met. I do understand the continuity requirement, however. It's what makes the jure sanguinis process so interesting, and sometimes, so complicated.

For example if two siblings are born a year apart, it is possible for one to be eligible for citizenship jure sanguinis and another ineligible. A child born in Italy to Italian parents is a citizen until his parents naturalize (he is naturalized too); his brother, born in the U.S., before his parents naturalize, is a citizen. A child born in the U.S. to an Italian mother on December 31, 1947 is not a citizen; his brother, born on December 18, 1948, is. It's no wonder people have so many questions.

[ricbru]

Yes, you are just right, this law is amazing, but thanks God it exist,
have a nice day,
bye Riccardo