Monthly Archives: September 2013

Fundamental Principles

The Italian citizenship, based mainly on the “ius sanguinis” (right of blood), for which the child born to an Italian father or mother is Italian, is currently regulated by law 5 February 1992, 91 and subsequent amendments and additions, and the implementing regulations.

THE PRINCIPLES ON WHICH IT IS BASED ARE ITALIAN CITIZENSHIP:

transmissibility of citizenship by descent "jure sanguinis"
purchase "just jure" (by birth on the territory) in some cases
the possibility of dual citizenship
the intention for the acquisition and loss
Granting of citizenship

Italian citizenship to foreign nationals married to Italian and foreign citizens residing in Italy

FOR MARRIAGE WITH ITALIAN CITIZEN (ARTICLE 5 THE LAW 91/92 AND SUBSEQUENT AMENDMENTS AND ADDITIONS)

Citizenship, pursuant to Article 5 law 5 February 1992 n. 91 and subsequent amendments and additions, may be granted for marriage, in the presence of the following requirements:

The applicant, foreign or stateless, must be married to an Italian citizen and reside legally in Italy for at least 2 years after the celebration of marriage
If the spouses reside abroad, the application may be made after three years from the date of marriage
These terms are reduced by half in the presence of children born or adopted by the spouses.
At the time the decree granting citizenship should not be intervened dissolution, cancellation or termination of the civil effects of marriage and there must be a separation of the spouses.

FOR RESIDENCE IN ITALY

Citizenship, within the meaning of’ article Article. 9, of the Law 91 the 5 February 1992 and subsequent amendments and additions, may be granted:

The foreigner whose father or mother or one of the direct ancestors of the second degree were citizens by birth or who was born in the territory of the Republic and, in both cases, there is a legal resident for at least three years (art.9, c.1 lett.a)
At the foreigner adopted by an Italian citizen lawfully resident in Italian territory for at least five years after the adoption (art.9, c.1, letter. b)
An alien who has served, abroad, for at least five years in the employ of the Italian State (art.9 c.1, lett.c)
A national of a State U.E. if legally resident for at least four years in the Italian (art.9 c.1, lett.d)
Stateless and refugee who is a legal resident for at least five years in the Italian (art.9 c.1, letter e) conjunction art.16 c.2) (*)
The foreigner who is legally resident for at least 10 years in the Italian (art.9 c.1, lett.f)
(*) Pursuant to Article 16, the alien recognized as a refugee by the Italian State is stateless for the purposes of granting citizenship

AUTOMATIC PURCHASE

Minor children of a person who acquires or reacquires Italian citizenship, if you live with it, acquire Italian citizenship, but, become older, may waive, if in possession of another citizenship (Article 14 L.91/92).

ELECTION OF CITIZENSHIP

The foreign born in Italy, who has resided legally and without interruption until the coming of age, may declare that it will elect Italian citizenship within one year from the date (article 4, c.2). This statement will be made by the, the Civil Status Officer of the Municipality of residence

RECOGNITION OF ITALIAN CITIZENSHIP BASED ON SPECIAL LAWS

The Official Gazette of 28/03/2006 was published the Law 124/06 on "Amendments to the Law 91/92, on the recognition of Italian citizenship to nationals of Istria, Fiume and Dalmatia and their descendants ". That legislation introduced, after art. 17 the l.91/1992, Article. 17 bis and 17 ter, providing recognition of Italian citizenship to persons who have lost our status civitatis as a result of the Treaty of Paris 10/02/1947 and of Osimo 10/11/1975 and their descendants, in the presence of the following requirements:

(a) in the event that article 17 bis, paragraph 1 letter to) law 05/02/1992 # 91;
Italian citizenship and residence in the territories ceded to former Yugoslavia at the date of entry into force of the Treaty of Paris and the Osimo;
loss of Italian citizenship as a result of the abovementioned Treaties;
belonging to the Italian group;
(b) in the case referred to in Article. 17 bis, paragraph 1 b) law 05/02/1992 # 91;
direct descendant of the applicant by the person referred to in) and knowledge of the Italian language and culture.
The request seeking to obtain recognition of Italian citizenship is submitted to the Authority Italian diplomatic or consular if the applicant resides abroad or to the registrar of the municipality where the applicant resides in Italy. In either case the instance, together with appropriate documentation to support the above requirements, should be submitted to the Interministerial Commission, established within the Ministry of the Interior, He expressed his opinion as to the existence of the requirements of the law.

Here are the documents to be attached to the form for submission of the application for citizenship:
1) birth certificate complete with all pertinent data;*
2) criminal record of the country of origin and of any other country of residence;*
3) certificate / i / historical residence of the;
4) residence permit;
5) certificate of criminal records and pending charges;
6) family status;
7) tax models (CUD, SOLE, 730) related to income received in the last three years;
8) receipt of payment of contribution of € 200,00;
9) certificate of Italian citizenship of the parent or of the ascendant in a straight line up to
Second degree; (art.9, c.1, letter);
10) adoption judgment issued by the Court (art.9, c.1, lett.b);
11) documentation relating to the service, abroad, employed by the
Condition (art.9, c.1, lett.c);
12) certificate of recognition of the status of a stateless person or refugee status;(art.9 c.1,
letter e) – article 9 paragraph 1 letter e) and art.16 paragraph 2);**
* The acts referred to in points 1) and 2) must be legalized by the Italian diplomatic or consular authorities in the country of training,
subject to the exemptions provided for acceding to international conventions. The acts must also be duly translated into
Italian by the said Authority or, in Italy, by the diplomatic or consular office of the country that issued the act (in this case, the signature
of foreign officials must be legalized by the competent Prefecture), or by an official translator or interpreter who
attesting to compliance with the formalities provided to the foreign text.
**In the absence of the document referred to in point 1) the party can produce an affidavit format with the Clerk of the Court
territorial jurisdiction, bearing the 'indication of their personal details and those of the parents. For certificates referred to in point 2)
the party can produce a self-certification stating that, under his own responsibility, not having been
criminal convictions or to have criminal proceedings in their country of origin and of any other country of residence.

VARY THE DOCUMENTS REQUIRED IN CONNECTION WITH THE METHOD’ AND THE TYPE OF GRANT OF CITIZENSHIP

Here you can Scaricari models to obtain citizenship

citizenship by marriage

citizenship by residence

DIRECT CONTROL YOUR PRACTICE ON THE WEBSITE OF THE DEPARTMENT OF THE INTERIOR

LOGIN
**
L'apolidia (composto di alfa privativo e polis, “città” in greco), è lo stato di dei Soggetti privilege qualunque cittadinanza. Tali Soggetti sono Detti “apolidi”.
Si diventa apolidi “per origine” o “per derivazione”:
Si è apolidi quando non si è per origine dei May goduto diritti e non si è May stati sottoposti ai Dover nessuno di Stato.
Si diventa apolidi per derivazione a causa di varie Ragione di tutte conseguenti the perdita una pregressa cittadinanza mancanza download e di una di una nuova contestuale acquisizione. The reasons may be:
cancellation of citizenship by the state for ethnic, security or other;
loss of privileges previously acquired (for example acquired citizenship by marriage);
voluntary renunciation of citizenship.
You become stateless in the formal sense only by express renunciation of one's citizenship natural; the children of stateless persons are typically found in the condition of one who is born in a country and normally this is enough for the automatic acquisition of citizenship of the State of the place of birth.
In the past it was also a permissible form of statelessness any sanctions, resulting from the loss of citizenship as a corollary connected to the commission of a criminal offense: Aquae et igni interdictio was part of this hypothesis.
Are often faced with the problem internationally privatization of what the law governing personal status dell'apolide. In the absence of citizenship, we adopt the criterion of domicile and, in second-, of residence.

taken from aduc.it
How to obtain the recognition of the status of stateless
Emmanuela Bertucci, Legal ADUC

The Italian law protection of stateless persons, giving them the same rights granted to political refugees (identity documents', residence permit, working, health care, social security, opportunity 'to apply for Italian citizenship after 5 anni, etc..).

For against, obtain recognition of the status of stateless and 'far from simple since' reigns the most 'complete uncertainty about the procedures to follow. To submit your application? The law 91 the 1992 remains silent on citizenship. The implementing regulation (DPR 572 the 1993) expected, Article. 17, the “possibility '” to present a petition to the Ministry of the Interior. There are other pieces of legislation will help determine if this is the only chance ', or is an alternative to the establishment of the status of stateless persons in court, according to the general rules on the assessment by the ordinary courts of the status (es. citizenship status, refugee, civil status, etc..). The case law on the point and 'discordant, and over the years have developed three different orientations, none of which has prevailed on the. According to one verifying the status of a stateless person can 'be required due to the ordinary courts citing as its counterpart the Ministry of Interior. A second approach considers that the request can be made in the court, no need to mention the Ministry of the Interior, with the so-called ritual chamber. Lastly, On the other hand the case law holds that the only legitimate body to rule on the request for verification of the status of stateless or the Ministry of the Interior.

In this jungle of conflicting decisions suggest this procedure:

To submit your application?

The application must be submitted to the Ministry of the Interior by registered mail with return receipt to the following address:

Department for freedom 'civil and immigration Central Directorate for Civil Rights, Citizenship and Immigration Via Cavour, 6 00184 ROME

View the contrasts of the already 'small law published about, In fact, we believe more 'prudent to follow the steps from the only existing standard in the field. This' to take shelter from the oscillations of the law and the possible delays that would result in a rejection of the application.

What is the time for the issuance of the order?

If you decide on the granting of citizenship, and that 'all in all a process document usually well educated and “ready solution”, the Interior Ministry employs about 4-5 anni (compared to the two years required by law), we can only imagine that the timing of the recognition of the status of stateless persons are much more 'long. At any rate, because 'the law does not prescribe a specific end within which the Ministry must decide, apply the general rules concerning the administrative procedure. The ministry will have 'therefore 90 days to issue a decision of acceptance or rejection of the instance.

What to do if the Ministry does not respond within the time limits, or refusing the application?

In case of non-delivery by the Ministry within ninety days from the filing of the, you can 'failure to challenge the silence by citing the Ministry to ordinary courts, and asking him to ascertain the status of stateless. Similarly, if, within the same period, the Ministry rejects the claim.
In this regard,, the courts have held that the silence of public administration (or a decision refusing) should be challenged before the Regional Administrative Court (TAR). That's' cause according to this orientation there is no right to the recognition of the status of stateless, but only a legitimate interest. In practice, the government can ' “allow” recognition on the basis of a series of evaluations, however, that flow in a discretionary choice.
Conversely, we believe that failure to decide on silence and challenged the competence of the ordinary courts because 'it and' devolved matter of personal status, and why 'recognition of their status as a stateless person is not' a legitimate interest but a subjective right. This' for two reasons::
1) The Italian law, as well as' several international conventions (New York Convention of 1954 relating to the Status of Stateless Persons; Convention 1961 on the Reduction of) recognize de jure stateless persons (ie 'recognized as such) a series of rights that you have if you are 'de facto stateless persons;
2) The de jure stateless person can 'subsequently acquire citizenship of the country that has recognized as such. Given that the right to citizenship and 'one of the fundamental human rights (Universal Declaration of Human Rights, International Covenant on Civil and Political Rights, International Convention on the Elimination of All Forms of Racial Discrimination, among many), the same must be said of the recognition of statelessness, without which the “homeless” can not 'enter the first.

You can 'ask for a residence permit before that was involved the recognition of the status of stateless?

If you are not in possession of a residence permit, not 'necessary to await the decision of the judge to get it, but you can 'right from the application of judgment to formulate a contextual instance with which you ask the court to issue an injunction under Article. 700 c.p.c. with which to require the police to issue a residence permit “provisional” pending the outcome of the proceedings, providing evidence of the serious damage that the applicant suffers. In this sense, we believe it is much easier to prove that damage, place that those who have a residence permit can not 'work and thus have the means of subsistence.