Ask an Italian Citizenship Lawyer #1


(upbeat music) – [Narrator] This is The
Italian Citizenship Podcast hosted by Marco Permunian
and Rafael Di Furia. – Hello and welcome
back to another edition of The Italian Citizenship Podcast presented by
italiancitizenshipassistance.com. I am Rafael Di Furia here
with Marco Permunian, the head of the US office of
Italian Citizenship Assistance. And today, we are going to be answering some of your questions that you guys have left
on previous videos. And of course, if you have
any questions for Marco or any of the other members of The Italian Citizenship
Assistance team, you can leave that down in
the comment section below here on YouTube, or you can message them
directly through their website, or through The Italian Citizenship
Assistance Facebook page. I believe this was on
our first video podcast that we released here. This is from user ddiss443. Here’s another topic for Rafi
to potentially introduce. Countries such as Japan that
don’t actually really allow for dual citizenship. If someone has to go give
up their citizenships in order to get something
like Japanese citizenship and later wants to reclaim
their Italian citizenship, is that possible? How easy or hard is it in Italian law? – A lot of countries like Italy, the US, but also Canada for example,
allow dual citizenship. So they allow their citizens to have dual or multiple citizenships. If you’re an American
citizen and you’re wondering if you can get Italian citizenship without affecting your US
citizenship, the answer is yes. Same goes for Canadian citizens. And these countries, Italy, the US, and Canada for example, they also allow people to
have multiple citizenships, so more than two citizenships. Instead some countries, however, will not allow their citizens to hold
two citizenships or, in some cases, multiple citizenships. So, for example, if you are a
citizen of Japan, you should inquire your government
to see if you’re allowed to have Italian citizenship or to also have like a third citizenship. If you’re not allowed to
do so, the issue of course is related to your home country, not to Italy or the
US, or other countries. And if your country does not allow you to have other citizenships, the only solution is to either renounce the
citizenship of your home country or to just not get Italian citizenship. As to the other question, what if I want to renounce
my Italian citizenship and then get it back? That is of course possible so at any time, regardless of how you got
your Italian citizenship, you can renounce your Italian citizenship by showing up at the Italian
Consulate for example, if you reside abroad and
you can also get it back subsequently, quite easily I’d say. The law says you have to relocate to Italy to have your Italian
citizenship reinstated. – If you have to relocate to Italy, I’m assuming there is some
sort of time requirement there? How long would that be? – So, it could be up to one year but normally it takes just a couple of months for your municipality to give you back your
citizenship that you lost. There are potentially two routes. Either you directly relocate to Italy without saying anything to anybody and after one year, they will give you back
your Italian citizenship that you had lost. Or, you can sign a declaration if you live abroad, before the Italian Consulate, saying that you want to reacquire
your Italian citizenship. In that case, you have 12 months to relocate to Italy. So you can relocate to Italy
any time during 12 months from when you signed this
affidavit at the consulate and the process could
take just a few weeks or a couple of months for you to get your
Italian citizenship back. They, the Italian Government,
will actually give you also a residency permit, a permission of stay, if the process takes longer than 90 days. – Very interesting. But that… I think it’s a
really interesting thing how, you could almost say liberal,
the Italian system is in not only allowing people
to claim Italian citizenship by descent, but even allowing people who had given up their
citizenship to be able to, for lack of a better way of
putting it, come back home and get their citizenship back intact. But I think we should move
on to the next question. And this next question,
actually it’s a few questions, come from Joe M, someone who
I’m somewhat familiar with from my own YouTube channel and have been in in contact a little bit so hey there Joe! (chuckles) “Ciao Marco and Rafi D. So we do not have to return to the comune of the
ancestor we are going through to receive the recognition?” – No, the answer is you can apply at any Italian municipality so you do not have necessarily to use the Italian municipality of birth
of your Italian ancestor, to apply for Italian
citizenship by descent. You can use any municipality. – But in practice though, the original comune does
get involved to an extent? – Yes, it does get involved anyways. The municipality of birth of your ancestor will be involved, because they will have
to provide a statement saying that your ancestor never renounced Italian citizenship. But as we said, you’re free
to use another municipality if you want to. – So that’s, again,
more of this flexibility that the Italian
citizenship system offers. Going onto the next question from Joe. “We can go to any comune
to start the process of Jure Sanguinis?” So, you’ve already
answered that which is yes. “And at what point can we
participate in the benefits like healthcare, low
cost university tuition?” – Well of course, you
can benefit from all that only when you are officially granted your Italian citizenship and some benefits will
also be connected to you living in Italy. For example, healthcare. – Definitely. But even something like, for example, university tuition. In general, I believe it’s
much less expensive here in Europe even as a non-European citizen. Some schools like Bocconi in
Milan actually offer a lot of financial aid and incentives
for foreign students to come and study here in Italy, even
just not being the expert here that that would be one
benefit that you could see even potentially without citizenship. But, with citizenship, you
may see even more incentives depending on the school. Moving on to the next question. “Also when my children, who will be recognized along with me, have children of their
own while here in the US, how will they go about
registering their children as Italian citizens?” – So fortunately, the process for registering your minor children, if you are an Italian
citizen residing in the US, is very simple. So all you have to do is,
basically, provide the consulate with the birth certificates
of your children, duly apostilled and
translated into Italian, along with some forms that
you’ll find in the website of the consulate and you provide
all that to the consulate. The birth certificates
will be registered in Italy and your children will
become Italian citizens as long as you do all
that before they turn 18. – And to move on to the next question. Just a side note, which
I think is very nice, so thank you Joe. “And by the way I
absolutely love this podcast so thank you both for providing
this invaluable service. I’m proud to have Marco
and ICA represent me during this process. Grazie mille a voi, Joe.” – Thank you Joe (laughs). – But Joe actually does
ask one more question and we do have other
questions from other people that we will be getting to. “And if my children are getting
recognized along with me and I wanted to do it in
Italy, are they required to come and stay with me
in Italy, or can they do it in the US?” – This is a very interesting
question that I’m asked a lot. If I qualify for Italian citizenship and I wanna do the process
in Italy and not in the US because, for example, the wait time at my Italian
Consulate is too long, do my children have to go with me to Italy to apply for citizenship? And the answer is it depends. If your children are over 18
then they will be considered as separate applicants and
yes, they would have to go with you. If you children are minors though, as long as they are not too
close to being 18 years old, they do not have necessarily
to go with you to Italy because if you are granted
Italian citizenship before they turn 18, then
you can easily register their birth certificates, as
we explained a moment ago, through the consulate
once you will be granted your Italian citizenship in Italy. – So as long as they’re not over 18, they don’t have to change their residence? Their legal residence? – Yes. – Okay, I think let’s move
on to the next question cause we are moving right along. From Sharon R, someone
else who I’m familiar with. “My husband is applying in
Italy or dual citizenship. What is the process for me to apply for my dual citizenship
after his is complete?” – After your husband will be
granted Italian citizenship, you can, of course, apply
for Italian citizenship through marriage as long
as you have been married for three years or two years if you guys will be residing in Italy and the time is actually cut into half if you have minor children. After this time, you will be able to apply for Italian citizenship through marriage. However, keep in mind that if
you were married prior to 1983 the process is much more simple so you don’t have to go
through that if you’re a woman and you were married with
your Italian husband, prior to 1983 regardless of the fact that your husband was recognized
as an Italian citizen now or before the marriage. – And moving onto the next
question with username Nick Who?. “You say go to a small town to apply. How small? Three thousand? Twenty thousand?” What’s really, just to
add to Nick’s question, what really makes a town worth considering for this process? – So as we said before, you can choose any Italian municipality to apply for citizenship. My suggestion would be to use a town that is not too big or not too small. As we said in another video, you’ll have to deal with different offices to apply for citizenship. Whereas if it’s too
small, there is the risk that the person that you deal with is not too familiar with the process. In my opinion, the
right size is in between five thousand people and 60 thousand people. – So from what you’re saying, it sounds like it’s not
necessarily the number which is the deciding factor. It’s also the other factors of how familiar they are with the process. And because, even from
just what I’ve heard from being involved with the community and what people have told me
about going to a tiny comune where it’s not that busy, but because they have no clue what the hell or how the hell to do it, they just can’t do it. But then I’ve also heard from other people that they did go to a small comune but so did a lot of other people so all of a sudden,
this tiny little nothing that was supposed to
be a great place to go ended up being a nightmare because so many other people were trying to go through
the process there. So it’s not necessarily, even from my own opinion and
what Marco was just saying, just about the size. I’s also about how
familiar they are with it and how busy the comune actually is and that’s something that’s a
little bit more tricky to find but I know that’s something that you guys help your clients to decide which comune is really the
appropriate one for them. – Definitely. We not only help people who
want to apply for citizenship in Rovigo, which is the town where our Italian office is located, but we also help people
apply for citizenship in other towns and, of
course, we help these people decide if the town that
they are about to choose is the right town to handle the process. I’m thinking specifically
of people who want to apply in a town where they have
relatives or in the town where their Italian ancestor was born. – So like you were saying,
even in response to Joe, you really can go anywhere
but if you would like to go to your ancestor’s commune, this is also, in theory, possible. – Yes, of course. – And then another question
that we have from Blaine B. “Assuming both are living adults, does the parent of a person need to go through the
Jure Sanguinis recognition before the child can?” So I’m assuming that both the parent and
the child are adults. Does that parent need to go first? – Another question that
I’m asked a lot of times. I have a living ascendent
so it could be a parent or even a grandparent. Do these people have to
apply for citizenship before I do, and will my
process be facilitated if these people apply before I do? And the answer to the first question is if you have a living
parent or grandparent in your Italian line, these people absolutely do not
have to apply for citizenship before you do in order for
you to be able to apply for citizenship, meaning you can apply for citizenship even if your living relatives decide that they’re not interested
in applying for citizenship. However, in most cases,
consulates will require your living ascendants to
sign an affidavit stating that they never renounced
their Italian citizenship. So although it’s not
necessary for them to apply, it may be necessary that they
are involved in the process. I’m also thinking about when they have to give
their consent for you to get their birth
certificates for example. And to answer the other question, the process will not
be facilitated for you if your family members
in your Italian line applied before you unless
you used the same consulate. If you use the consulate that they used then you can use all the
documents that are already on file at the consulate. And that’s the only facilitation but if you’re using another consulate then you’ll have to start over even if they applied in another consulate. – I can say though, actually
from my own personal experience that I did apply through
the same consulate as one of my parents, and the thing was that
even though the consulate already had the documentation, in my personal case, I’m not saying this is
gonna be for everybody, but my process took actually
longer than my parents’ process and so I would say it doesn’t guarantee that your process will be faster but there is also, I’m
assuming, the possibility that it could help as well. It really can go either way just depending on what they’re doing, what they’re having to take
care of (chuckles) at the time. We actually have gone
through all of the questions that we were planning to use
for this particular episode. But, there is one more question that I do think we should just quickly go over. This was sent in privately by email from somebody who wants to
stay anonymous and I think, from the question, this may be apparent why this person wants to stay anonymous. But the question was: “Will a felony prevent
someone from being able to apply for Italian
citizenship by descent?” – The answer is no if we’re speaking about Italian citizenship by
descent and the reason is that people applying
for citizenship by descent, they are technically
already an Italian citizen and the reason behind that is is that people applying
for citizenship by descent have always been Italian
citizens since their birth and they’re just going through a process to have the Italian Consulate recognize that they’ve always been Italian citizens. And that’s why any criminal
history is irrelevant for this type of process. Instead, people applying for
citizenship through marriage, if they have criminal history then they may be prevented from
getting Italian citizenship depending on the crime or
the type of criminal history that we’re talking about. – And that’s because this
would be Italian citizenship by naturalization rather
than Italian citizenship by descent as anybody else
born it Italy would receive? – Yes. – So that even if somebody
is born here in Italy, they commit a bunch of
fraud and different crimes, horrible crimes, they are
still an Italian citizen. That’s just how it is. – That’s correct, absolutely. – Anyway, I think that is a great place to wrap this week’s video up. So thank you guys. Thank you everybody
who submitted questions for this week’s video. We really do appreciate that
and if you have any questions about Italian citizenship, anything that we’ve spoken
about in this video, or anything even completely irrelevant to what we’ve spoken about, feel free to leave that down
in the comment section below and we may be able to answer
that in an upcoming video. And of course, for our weekly
videos posted on Wednesdays, be sure to subscribe with that
notification bell turned on so you know exactly when
the video comes out. And for other notifications
and ways of keeping up with when these videos are
released and other things, and other posts from ICA, including some of the great blog posts, be sure to check out The Italian Citizenship
Assistance Facebook page. And of course this is The
Italian Citizenship Podcast presented by
italiancitizenshipassistance.com. I am Rafael Di Furia and
this is Marco Permunian and thank you so much
for joining us again. – Thank you. – We look forward to seeing
you all next time, later!

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