# Italian citizenship



## Guern56310 (Jul 4, 2016)

Following the referendum I am looking at obtaining Italian nationality. I live in France, am British, My mother who died in 2010 was Italian by birth, she married my father who was in the British army in Italy in 1947. She had a British passport, How can I find out if she renounced her Italian citizenship, either voluntarily or as a result of her marriage ass I need to know this before I apply. 

Has anyone else had the same problem? Any advice welcomed.

Thank you


----------



## Italia-Mx (Jan 14, 2009)

In Italy prior to 1948, an Italian woman who married a foreigner lost her Italian citizenship (thus your mother's British passport) and any children of that marriage would have the citizenship of the father only. Therefore, I don't think you're eligible to be recognized as an Italian citizen through descent but you would be entitled to a shorter path to naturalization if you lived in Italy continuously for three years, during which time, you could not work.


----------



## accbgb (Sep 23, 2009)

Italia-Mx said:


> In Italy prior to 1948, an Italian woman who married a foreigner lost her Italian citizenship (thus your mother's British passport) and any children of that marriage would have the citizenship of the father only. Therefore, I don't think you're eligible to be recognized as an Italian citizen through descent but you would be entitled to a shorter path to naturalization if you lived in Italy continuously for three years, during which time, you could not work.


However, these laws have been challenged many times in the Italian courts with great success. Attorney Luigi Paiano (Google him) is noted for his activity in this area of Italian law.


----------



## Guern56310 (Jul 4, 2016)

Thank you for your replies. Does not look as if I can get Italian citizenship via my mother as my mum and dad got married in 1947.


----------



## accbgb (Sep 23, 2009)

Did you read what I wrote above? Forced loss of citizenship by females has been challenged in the courts with great success. 

I suggest you contract the attorney mentioned and request a free consultation.


----------



## Guern56310 (Jul 4, 2016)

Thank you. I will contact the attorney by email to see if he can help and to give me a rough idea of the cost of doing this. I live in France so don't know whether free consultation will be possible.


----------



## panama rick (Oct 15, 2014)

We are currently using Luigi Paiano for my wife's citizenship through her grandmother (we can't find grandparents marriage certificate). Mr. Paiano has a great track record. A few years ago going through the maternal side would have been difficult. Don't assume anything. Contact him.


----------



## OliveCameToo (Dec 27, 2013)

Guern56310 - I am having the same trouble. My mother (Italian) married my father (English) in Italy in 1947 and automatically lost her Italian citizenship. I did not know this had happened until I had the appointment at the Italian consulate in London. 

panama rick - any idea how much it will cost you to take it through the courts?


----------



## panama rick (Oct 15, 2014)

hi guern56310,
He's charging us 4500 euros. Worth every penny.


----------



## OliveCameToo (Dec 27, 2013)

Thank you panama rick. Shame we have to pay at all, such a sexist law!


----------



## Italia-Mx (Jan 14, 2009)

My mother, the daughter of Italian immigrants in the USA married my father, the son of Italian immigrants in the USA. Of course, being in the USA they COULD have each chosen to marry a non-Italian spouse but they chose each other and I'm glad they did because my recognition of Italian citizenship didn't cost me anywhere close to 4,500. I guess you could call it a sexist law if there didn't happen to be so many Italian men for Italian women to choose from in the diaspora and particularly in Italy.


----------



## OliveCameToo (Dec 27, 2013)

Italia mx - Of course it's a sexist law, this anomaly only applied to women marrying a foreigner, not to men!! If it had been my father that was Italian it would have cost me just the 300 euros to do the paperwork and issue me with an Italian passport!


----------



## Italia-Mx (Jan 14, 2009)

I don't see it as sexist for the reason I stated above. There were plenty of Italian men to go around. Nobody forced an Italian woman to marry a foreigner. But the reason this law only applied to Italian women is because in Italy, children are ALWAYS given the name of their father, and in effect BELONG to the father and his family, for example in the case of a divorce, unless, of course, the father is unknown. Now, if you want to argue that children in Italy should be allowed to choose who's name they carry (father or mother) because that would also be sexist, this is another ballgame altogether and something that is likely to never happen. 

So, before 1948, if the father is a foreigner so too are the children of the marriage and the Italian wife becomes a foreigner based on her actions. Therefore I wouldn't exactly refer to people obtaining Italian citizenship through a 1948 loop hole as actually being recognized from birth. It's more like they're becoming naturalized Italian citizens by choice because let's face it, they're all foreigners and that's why an expensive court case is required. Actually, $4,500 isn't bad. In the USA, it can cost up to $20,000 for a foreigner to become a naturalized American citizen.


----------



## accbgb (Sep 23, 2009)

More directly, prior to January 1, 1948 - which was the effective date of the modern, post-war, Italian constitution - Italian citizenship was passed only by the father. Until that date, women in Italy had very few rights, just as was the case in many other countries including the US (although some countries were quicker to finally grant rights than others).


----------

