Hello The subject of dual citizenship is a subject we address daily. You may wish to write to us via our web site below. Sonia Alioto ITALIAN LEGAL LANGUAGE SERVICES www.italianlaw.net San Francisco, CA amis@kiscica.com wrote: > Hi all, > > I've searched a bit but can't find a definitive answer to this -- I > wonder if anyone here has faced a similar situation and knows the > answer. > > Here's the background: I have been married for about five years to the > daughter of Italian immigrant parents, born (as I was) in the USA in > 1968. Only her mother was an Italian citizen at the time of her birth, > as her father had already been naturalized as a US citzen. > Nevertheless, a review of Italian nationality law makes it > unequivocally clear that my wife is entitled to Italian citizenship. In > fact, as I understand it, she already *is* legally an Italian citizen, > by virtue of having been born to an Italian mother post-1948 and not > having renounced her claim to citizenship. The process she must > undergo, e.g. to obtain an Italian passport, is more one of > "acknowledging" her Italian citizenship than of "acquiring" it. > > My wife is currently making the necessary application, here in the USA, > where we reside. There's no reason to think it will be denied, so she > will presumably be recognized as an Italian citizen in the near future. > > Now, my question is this: as I read the Italian nationality law, the > spouse of an Italian citizen residing abroad is entitled to acquire > Italian citizenship after three years of marriage. Does "Italian > citizen" here also apply to foreign-born persons, such as my wife, who > are citizens by descent and have never resided in Italy? In > particular, given that the law seems to say that my wife has been > Italian since birth, does that mean that (since we've been married more > than three years) I could actually apply for Italian citizenship > myself, as soon as her citizenship is formally recognized, and without > either of us ever actually moving to Italy? > > It seems somewhat unlikely to me but I can't seem to find anything in > the law that would contradict this. > > If it is in fact possible, can anyone think of any disadvantages, or > advantages, to my acquiring Italian citizenship in this way? As I > understand it there is no longer compulsory military service (and I'm > in my late 30s anyway), so I wouldn't be instantly drafted next time we > visit Italy :-) I don't have any familial connection to Italy other > than by marriage, though I do speak Italian and love the country. > > We're not specifically planning to move to Italy at the moment, but > it's not out of the question. On the other hand, we have considered > moving to (somewhere else in) Europe -- this is part of what prompted > my wife to start the ball rolling on her Italian citizenship. However, > I myself am already a dual citizen of the US and of another EU country > (the United Kingdom, to be specific) so I already have the right to > live and work in the EU. > > In other words, if it is in fact possible for me to acquire Italian > citizenship in this way, and I were to do so, I'd end up with three > passports, two from EU countries. (Note that the UK is *not* party to > the Strasbourg convention limiting multiple citizenships -- I believe > one can't be e.g. a citizen of Germany and of Italy at the same time, > but otherwise there doesn't seem to be any theoretical bar to dual or > even triple citizenship, e.g. USA-UK-Italy in this case.) > > I just can't see a compelling reason to do this -- on the other hand, I > can't see a compelling reason *not to*, and it never hurts to keep > one's options open. I tend to operate on the pessimistic assumption > that any manner of thing can go wrong in the future and one should > seize opportunities even when their significance isn't too clear. Who > knows, maybe they'll change the law and require residency in Italy. > Maybe, God forbid, the U.K. will withdraw someday from the EU and I'll > be glad I have an Italian passport after all. > > It seems like the process of acquiring citizenship by marriage amounts > to a a fair amount of bother and fees here and there, but not so much > as to make it not worth doing. I am a little in the dark about the > requirement that our marriage be registered in Italy -- would that be > satisfied if my wife were to notify the appropriate office that she's > married, once her citizenship has been recognized? > > In sum (whew), > > - is it *really* possible for me to acquire Italian citizenship in this > way? > - if so, is there any good reason (other than cost and bother) *not* to > do so? > - but also, *is there* any good reason (other than "the more, the > merrier," which I'm not at all sure applies to nationality :-) to do > so? > - anything I need to know about the process? > > I realize I've posted quite a bunch of questions, any enlightenment > partial or detailed would be highly appreciated! > > amis@kiscica.com