This article will discuss Italian citizenship and under what circumstances it could be lost. It will also highlight some of the key dates and legislation that affect Italian citizenship law, and will provide information that may be of help to you if you are considering (or in the process of) seeking Italian citizenship.
Key dates in Italian citizenship law
17 March, 1861, is an important date in Italian history as it was the date Italy became a nation. Before this date there were no Italian citizens. With this considered, the oldest Italian ancestor in any jus sanguinis citizenship application must have still been alive on or after that date in order to be able to pass their citizenship to the next person in the Italian line.
1912 Italian citizenship law stipulated that any Italian who voluntarily acquired of a foreign citizenship after moving his/her residency abroad would automatically lose his/her Italian citizenship. This is why, in order to qualify for Italian citizenship by descent, it is important that the ancestor who was born in Italy either never naturalized as U.S. citizen or naturalized after their child was born in the U.S.
Moreover, 1912 Italian citizenship law prohibited women from passing citizenship on to their child/ren. Only on January 1, 1948, when the Italian Constitution came into effect, women were given the right to transfer citizenship to their child/ren, but only to children born after January 1, 1948. With that said, the new legislation was not retroactive, and so children born before this date did not automatically inherit citizenship. However, several years ago, the Italian Supreme Court held that this law went against principles central to the Italian Constitution, which stipulated equality between men and women. And so, children who were born before January 1, 1948, to an Italian mother are now able to file a case in court to appeal the “1948 rule”. These cases frequently have successful outcomes and those who have appealed have often had their Italian citizenship retrospectively recognized and granted.
Finally, after 16 August, 1992, Italian citizens who voluntarily acquired another citizenship no longer automatically lost their Italian citizenship, unless they formally renounced it. However, anyone who automatically lost their Italian citizenship through naturalization before August 16, 1992, or formally renounced it (see below), can regain it by residing in Italy for a year.
Italian citizens residing abroad
Italian citizens who are born in Italy, or individuals who acquired Italian citizenship jure sanguinis, cannot lose their citizenship if they leave Italy to live elsewhere, as Italian law holds that citizenship is granted to individuals by birthright and cannot be taken away for residing in another country. However, it is important to note that there are some situations whereby Italian citizenship can be lost: for example, if one voluntarily acquires the citizenship of another country which demands relinquishing their Italian citizenship, or if Italian citizenship is renounced.
With that said, there are some very specific circumstances in which citizenship is automatically lost, they are:
- Any Italian citizen who voluntarily enlists in the armed forces of a foreign government or accepts a government post with a foreign state and does not comply with the deadline set by the Italian government to relinquish their position;
- Any Italian citizen who has served during a state of war with a foreign country, or held a government post or acquired citizenship in that state;
- Adoptees for which adoption is revoked by fault of their own, on the condition that he/she is in possession of, or takes citizenship in another country.
Finally, as mentioned, Italian citizenship can be voluntarily renounced by any Italian citizen residing abroad who is in possession of, acquires or reacquires citizenship in another country;
A declaration to renounce citizenship is made in the presence of an official of the official statistics office (anagrafe) of the Italian city of residence or, if living abroad, before an authorized consular or diplomatic official.
The documents required are the following:
– Italian birth certificate, in original, issued by the Italian municipality of birth;
– Proof of residence in this consular district (e.g. utility bills);
– Document proving possession of another citizenship in addition to Italian – for example a valid U.S. passport, foreign naturalization, etc;
– Italian ID documents (e.g. passport, identity card);
– Receipt of payment of €250.
It is generally required to book an appointment with the Italian consulate with jurisdiction over the state where the person resides abroad, or with an Italian municipality, in order to submit the documents required to renounce Italian citizenship.
Other ways citizenship could be lost
Once Italian citizenship by marriage or by residency has been granted, and the decree issued, the applicant has 6 months to take an oath of allegiance to the Italian Republic in front of a town hall or consular officer, whereby they state: “Giuro di essere fedele alla Repubblica e di osservare la Costituzione e le leggi dello Stato”. The day after the oath, the applicant is essentially an Italian citizen and can apply for an Italian identity card and a passport.
In the event that the oath is not taken within the permitted legal timeframe, the Ministry of the Interior issues a declaration of forfeiture for failure to take the oath. In this event, the decree granting Italian citizenship becomes obsolete and the applicant would be required to submit a new application. Furthermore, the applicant must wait again for a period of up to three years before a new decree could be given.
With that said, a recent judgment by the Court of Rome recognized the right to take an oath at a later date. This was in relation to a case whereby the applicant was found to have extenuating circumstances, and had made multiple attempts to contact the municipality and the Ministry of the Interior, without receiving any response. This demonstrated their efforts to communicate and supported their impossibility to attend the appointment date to take the oath, and therefore the decision was challenged and eventually overturned in their favor.
The above has outlined the very specific examples of how Italian citizenship is lost, and has highlighted that such events and circumstances are quite particular and rare, and unlikely to affect your application. This article has also given some of the key dates and information that may be useful for you to know if you are considering, or currently in the process of, seeking Italian citizenship. If you have any further queries about Italian citizenship, or would like more information about our services; then please do contact us and one of our friendly ICA experts will be in touch to answer your questions.
