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Wednesday, December 28, 2011

Summary of the citizenship re-acquisition process

I have received several emails asking me to provide a summary of what is required for someone born in Italy, and has lost the Italian citizenship, to re-acquire it. 

It is really simple, although there is some confusion about the 91/1992 law, specifically the period of required residency in Italy. Article 13 specifically states that a person who has lost Italian citizenship can reacquire it:
c) if he or she declares the wish to reacquire citizenship and has established or establishes residence in the territory of the Republic within one year of such declaration; d) one year after the date on which he or she established residence in the territory of the Republic..." These two paragraphs (Comma c and d) are frequently confused. The law does not require one to live in Italy for one year. Comma c, implies an actual effort by the ex-citizen to regain its citizenship, and, clearly, a residence in Italy so that the reacquisition process can be finalized. Comma d) refers to an automatic reacquisition after the one year residency.

I followed the law 91/1992, Article 13, Comma c. I went to the Consulate in Vancouver and solemnly declared I wanted to reacquire my Italian citizenship. I provided my Canadian Naturalization certificate, birth certificate, criminal record, passport, drivers license and an affidavit declaring I was who I said I was. I also was asked for a copy of my last three years tax returns, and a fee of some 200 Euros payable to the Italian Interior Ministry. All those documents were translated in Italian. I also applied for an elective visa to stay in Italy for more than three months (the maximum allowed as a tourist). The Consulate sent the documents to various Italian Authorities, including the city of Rome where I was born. When in Rome, I found a place to live (i.e. a residence) and registered my residence with the city. Then waited, as described in my previous posts. When the paper work was finally over, my citizenship was retroactively established to the date I registered myself.

As I write this post, it seems that process is very simple and straight-forward. However, it did not feel that way. Unfortunately, various websites provide confusing or incomplete information, including the site by the
Italian Consulate in Toronto, which added to the uncertainty.

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