Italian Citizenship by Descent

The problems related to the new procedure to request residence permits

Alla C.A. Redazione Progetto Melting Pot

The AC Drafting Project Melting Pot Following the changes introduced by the new procedure for the request of residence permits in Italy (circular from the Ministry of the Interior of 7 December 2006) to date, we are confronted with a series of difficulties in the process of recognition of Italian citizenship by direct descent.

This change remains unsolved without an initial solution to the question of those who came to reside in Italy to be recognized the juris sanguinis citizenship (for direct descent). In this sense, it is tried to make the request of the tourist visa, but to date, no one has ever been convened because of the long waiting times required by the new procedure. In addition, by decree of 15 February 2007, n. 10, published in the Official Journal (OJ No. 38 of 15.02.2007), the Ministry completely abolished a residence permit for tourism, replacing it with a simple declaration at the border.

It is necessary to make a clarification: Unlike citizenship for repurchase or by naturalization, citizenship juris sanguinis follows particular rules. Because of this fact, citizens in possession of documentation showing the Italian descent and do not stop the passage of the same have always been Italian citizens. These people, however, have to fulfill the formalities with the local council to be given the right to citizenship. Also unlike the other conditions for the acquisition of citizenship by descent that is a right that cannot be denied unless there has been an interruption to resignation or naturalization of the ascendant. Precisely in order to facilitate the recognition of Italian citizenship to the descendants it was issued a circular that regulates such recognition (circular from the Ministry of Interior K28 2002), imposing on the municipalities Subscriptions to the interested parties provided that they are holding a valid permit of stay. These people come in Italy as foreign citizens, the most with documentation of citizenship reach personally. And ‘ the phenomenon of the new arrivals, due not only to the situation in Argentina and Brazil, but also to the long time of the Consulates, with long waits (it speaks of a row of 50,000 people interested only in the Italian Consulate in Sao Paulo).

And here there are two problems: the first, in order to have a valid residence permit for citizens to register because only if you are resident in Italy municipalities are competent to receive the documentation of citizenship (the rule requires that the application of recognition must be submitted to the Italian Consulate of the place of residence, or, in the case of residence in Italy, with the competent joint Italian).

The second, the documentation requirements. The problem arises when you need to provide documentation rather registrar foreign (birth and marriage of the ascendant to the applicant), which must be legalized by the local authority and legalized by the Italian consulates abroad; It should also demonstrate not foreign naturalization of the ascendant Italian party from Italy and not renunciation of citizenship, taken from registers consular and attested by the Italian Consulate.

Finally, we must not confuse the granting of juris sanguinis citizenship with the reacquisition of citizenship (valid only for the former Italian who, having lost the Italian nationality intends to repurchase it after a year of legal residence in Italy).
That person has to follow the same path of request for residence and birth registration. After one year of residence in Italy they will regain their citizenship Italian.

To be precise, and demonstrating the legal vacuum in which we find ourselves, in the form of the items under the heading “RELEASE OF PDS FOR REPURCHASE OF ITALIAN CITIZENSHIP “are cited two laws (91/92 and art. 11 of Presidential Decree 394/99 and subsequent changes) that apply to all cases of acquisition of citizenship, and require documentation as essential for the release of the PDS “copy of the documentation certifying the proceeding for recognition or purchase of citizenship “and involve foreigners already own a PDS for other reasons.

In fact, the law regulating the granting of Italian citizenship juris sanguinis 1912s (arts. 1 and 7 of Law 13 June 1912, n. 555. The fundamental text is dated 5 February 1992, n.91. The regulatory framework Citizenship is completed by the two regulations implementing the law, which lay down the rules for the implementation of its general principles: the Decrees of the President of 12 October 1993, 572 and 18 April 1994, n. 362), and has as a prerequisite for the application being registered at the municipality of residence (see attached circular K28 + note).

As known, the registrar may register only foreigners in possession of a valid residence permit (circular MIDCSD 28 of 2002 and the circular of 1991 K28). And here takes over the paradox: if it is true as it is true that the permission contemplated by the circular requires as a document to be attached the certificate start the citizenship application, those interested in juris sanguinis citizenship cannot make such a request because of PDS must be registered to ‘registry with regular PDS before submitting application to the City. Therefore, today we are facing an “empty normative “. This legal vacuum could be filled by the municipalities which (in the absence of a residence permit for tourism), the registry office may enroll those nationals (subject, in the temporary population), starting the process of recognition of citizenship and at the same time, giving the opportunity to interested parties to apply for PDS waiting for citizenship. But not being supported neither by a law nor a ministerial circular to that effect, they cannot enter these registry office citizens, thereby preventing the purchase of the right in question.

In the interest of those who today are victims of this paradox, I was wondering if your project might have an interest to publish these observations in order to sensitize institutions in this regard.