Daniele Mariani International Law

08/01/2024

The Registry of Italians Residing Abroad (A.I.R.E.), also known as the consular register, was established by Law No. 470 on October 27, 1988. The registration request is made through consulates and is maintained by the municipality where the Italian citizen resided before moving abroad. For already recognized Italo-descendants, the registering municipality is usually the birthplace of the Italian ancestor.
Registration with A.I.R.E., which is free of charge, is both a right and a duty of the citizen (Article 6 of Law 470/1988) and serves as a prerequisite for accessing a range of services provided by consular representations abroad and for participating in political elections and referendums.
Until now, penalties for non-registration were mild and rarely enforced. However, with the recent approval of the 2024 Budget Law, significant penalties have been introduced, reaching up to one thousand euros per year of delay in registration, with a maximum retroactivity of 5 years. Delayed registration can now incur substantial costs. For those who were already registered before December 31, 2023, retroactivity does not apply, and they are exempt from the fines imposed by the new law.
To streamline the process, incentives for public administrations to conduct controls and apply penalties have been introduced. The practical challenge is that the majority of consulates require the use of the FAST IT platform for registration. The applicant often does not receive any formal communication or protocol number for the request, as required by Italian legislation (Law 241/1990). In the case of a successful application, formal confirmation of registration is rarely received. The same situation arises when the application is rejected. Italian law mandates that the public administration, in this case, the consulate, sends a formal communication before denying the request (preavviso di rigetto), granting a 10-day period for explanations and additional documentation.
Without proof of protocol for the registration request and in the absence of a valid formal communication, both in the case of confirmation and rejection, the applicant is deprived of means to defend themselves. Another critical point is the 180-day deadline for completing the procedure. If the registration is rejected, the applicant must submit the request again, potentially having to wait another 180 days.
Entire families, including Italian descendants and minors, are subject to penalties if not registered. To mitigate the consequences, it is advisable to promptly arrange registration with A.I.R.E. and regularly monitor the application to avoid unpleasant surprises.
Here is a video that explains how to make the consular registration:

Registering AIRE has never been easier with FASTIT! For more information regarding visa applications, please consult our webpage at www.consolatolosangeles.e...

18/12/2023

12/12/2023

Today, we will talk about one of the main factors that determine or limit the right to Italian citizenship recognition: filiation. Although Italian law recognizes the status of a child according to the law of the child's place of birth at the time of birth (lex loci), the law does not automatically apply to Italian citizens (whether recognized or not). In the paternal line, the right is independent of the place of birth and has no generational limits, but the Italian ancestor must have died after 1861, the year of Italy's unification. On the maternal line, recognition is valid only for those born after 1948. For Italian citizens (including descendants), foreign law can be applied only if it is not contrary to Italian law.

The recognition of the status of a child occurs through:

Presumption: Filiation is presumed when the child is born to married parents or up to 360 days after the end of the marital bond, which can occur due to death, separation, or annulment. In this case, the birth registration can be done by either parent.
Declaration: In the case of natural filiation (outside of marriage), the declaration must be made in the birth registry. Often, we see certificates declared only by the father, with the indication of the mother's name. In these cases, it is necessary to make a public declaration confirming the data on the birth certificate.
Recognition: Children recognized after birth registration but during minority have automatic rights, while those recognized after reaching the majority must declare the intention to "acquire" Italian citizenship within one year of recognition. This acquisition process requires the parent to be a natural-born Italian or to have been previously recognized as an Italian citizen. Children adopted during minority "acquire" Italian citizenship when the adoption becomes final. For this validation, the adoption sentence must be final and recognized by the Italian court or the civil registry official of the municipality in which the Italian parent is registered in the AIRE (Registry of Italians Residing Abroad). This form of "acquisition" is distinct from "recognition," and the parent must be Italian or have had Italian citizenship recognized during the adopted child's minority. If the non-declaring mother or father is no longer alive to make the paternity or maternity declaration, citizenship recognition is usually only possible through a judicial appeal. This route is activated in specific circumstances when the declaration cannot be made directly by the non-declaring parents.

Mariani Cidadania has obtained the first decisions that recognized citizenship for undeclared natural children and for children recognized during adulthood.

24/11/2023

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24/11/2023

LGBT+ Family Rights

Today, I will address the issue of LGBT+ family rights for Italians residing abroad (including those of Italian descent). Unfortunately, Italy still faces significant challenges in terms of civil, family, and immigration rights for the LGBT+ community. The slow response of Italian lawmakers in recognizing the rights of same-sex families has resulted and continues to result in numerous legal battles. Cases where the only viable alternative is to resort to the judiciary are not uncommon. Only in 2016 was the Law 76/2016, known as the Cirinnà Law, approved, regulating civil unions between same-sex couples in Italy and equating them to heterosexual marriages.

Subsequently, Decree-Laws No. 5, 6, and 7 of 2017 addressed aspects such as civil registration, criminal matters, and international law. Faced with resistance from many public officials, especially civil registry officers, the Italian Ministry of the Interior issued a series of clarifying circulars, which unfortunately are still often not heeded.

The issue is complex, with practical, legal, and administrative implications. Rights encompass both horizontal aspects (between the couple) and vertical aspects (regarding parenthood), covering inheritance, social security benefits, alimony, the right to stay in Italy, residence, medical assistance, and Italian citizenship for children and spouses.

The challenge extends to Italians abroad, especially as most countries hosting large Italian communities recognize marriage and parental rights more advancedly. Same-sex couples face challenges, particularly in the recognition of adoption, assisted reproduction, and surrogacy.

While adoption has been slowly acknowledged, in cases of assisted reproduction, parenthood is only recognized for the biological/genetic parent. Surrogacy is expressly prohibited by Italian law, and in such cases, children cannot be recognized as such.

Mariani Italian Citizenship & International Law specializes in advocating for LGBT+ family rights.

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14/11/2023

As promised in today's post, I will explain the right to Italian citizenship for adopted children. Italian legislation categorizes adoptions as follows:

- International Adoption: when an Italian residing in Italy adopts a child abroad;
- National Adoption: when an Italian residing in Italy adopts a foreign child in Italy;
- Foreign Adoption: when an Italian residing abroad for more than two years adopts a child in the country of residence or another country.

For international adoption to take effect in Italy, it is subject to the recognition of the judgment by an Italian court. National adoption follows the various stages outlined by Italian law.

Descendants of Italians typically seek recognition of a foreign adoption that occurred in the country where they reside. Numerous factors can influence the adopted individual's right to Italian citizenship. The possibility or not of recognizing foreign adoption differs, for example:

- Whether the adoption occurred in a country signatory to the 1993 Hague Convention;
- Whether the adopted person is a minor or an adult;
- Whether the adopted person is the child of a non-Italian spouse;
- Whether the adoptive parents are a same-sex couple;
- Whether the adopter is single;
- Whether surrogacy was involved;
- Whether the age difference between the Italian adopter and the adopted person does not comply with Italian legislation criteria;
- When the adoption occurred without a judicial decision (more common in the past).

The majority of countries with significant Italian emigration, such as the United States, Canada, Brazil, Argentina, and Australia, are signatories to the Hague Convention. Therefore, adoption should theoretically be recognized by the Italian civil registry without the need for recognition by an Italian court.

Considering that the adopted person becomes an Italian citizen through acquisition and not recognition, it is necessary for at least one of the parents to be an Italian citizen at the time of adoption, and the adopter or adopted person must submit a specific application to the competent Italian civil registry, along with an authenticated copy of the final adoption judgment, which must be apostilled and translated by an official translator.

Certainly, many doubts may arise during the process of recognizing the judgment, and for this reason, many civil registry officials still reject requests made directly by interested parties or through Italian consulates abroad.

We can therefore say that in most cases the children of Italian citizens (born or recognized), adopted while they were minors, have the right to Italian citizenship. It is important to highlight that citizenship is acquired on the day the adoption decision becomes definitive, even if recognition of the Italian civil status occurred many years later.

Unlike minors, adult adoptees do not automatically acquire Italian citizenship. They can apply for citizenship from the Ministry of the Interior, proving legal residence in the territory of the Republic for at least five years after adoption.

This post does not claim to be exhaustive, especially considering the complexity of the subject matter and the fact that each case must be evaluated individually.

08/11/2023

Why are we discussing a possible change in the law now?

Many have been following the discussions regarding the possibility of changes to the Italian citizenship law. Historically, the law has remained unchanged, but now we see a new scenario emerging. Previously, it was primarily left-wing parties that proposed changes, facing resistance from right-wing parties. However, recently, a right-wing party has put forward a proposal for an alteration, adding a new dimension to this issue.

One of the main debates revolves around the retroactivity of the law, that is, whether it will apply only to future applicants or also to those who are already considered Italian citizens. Based on the experience with the Italian legislative system, it is likely that the law will apply to everyone, leading to a period of legal uncertainty and legal battles. This can directly affect administrative procedures carried out in Italy and at the consulates, with the possibility of pending matters until the laws are clarified in Italian courts.

Furthermore, the proposal suggests that for descendants beyond the fourth generation, residence in Italy should be a minimum of 1 year. However, the proposal does not mention support for those who come to Italy, such as immediate access to the job market.

If you are in the consulate's queue or have an ongoing judicial or administrative process, rest assured, as you can prove your intention to obtain citizenship recognition. If you know you are entitled, my advice is to gather the documentation and notify the consulate of your intention to seek recognition with a formal request sent by registered mail with acknowledgment of receipt.

Next week, we will discuss the recognition of adoption in Italian citizenship recognition processes.

24/06/2022

Em entrevista exclusiva ao Italianismo, senador fala de possíveis alterações na lei da cidadania italiana e “Grande Naturalização”

10/02/2021

27/11/2020

Nacionalidade Portuguesa e a nova alteração da Lei de 1981.

08/11/2020

Promulgada dia 03/11/2020 a nova versão da Lei da Nacionalidade Portuguesa que inclui estes principais benefícios:

- Netos - Netos de portugueses nõ precisam mais comprovar vínculo com Portugal, esta relação pode se justificar somente pelo conhecimento suficiente da língua portuguesa.

- Casamento -
1- Para quem é casado ou vive em união estável com cidadão português, há pelo menos 6 anos, não precisa mais comprovar os vínculos com a comunidade portuguesa.
2- A alteração na lei da nacionalidade portuguesa também beneficia aqueles que estão casados ou em regime de união estável com cidadão português há mais de 3 anos.

- Nascimento em Território Português -
A nova Lei da Nacionalidade prevê ainda a atribuição de nacionalidade portuguesa à nascença aos filhos de imigrantes legais a residir há um ano em Portugal.

- Filhos de estrangeiros que, no momento do nascimento, um dos progenitores resida legalmente em Portugal há pelo menos um ano, podem ter nacionalidade portuguesa.

- Filhos de estrangeiros, poderão passar a pedir a nacionalidade portuguesa se, à data do pedido, um dos progenitores tiver residência em Portugal, independentemente de título, há pelo menos cinco anos ou se um dos progenitores tiver residência legal em Portugal ou se o menor tiver frequentado pelo menos um ano de educação em Portugal.

Na prática, quer os netos, quer os cônjuges deixam de ter a necessidade de “provar a sua ligação à comunidade”, como previa a versão anterior da lei.

"A alteração à Lei da Nacionalidade, Portugal demonstra à comunidade internacional que é possível valorizar seus cidadãos, independentemente de suas origens e local de residência, aprimorando a legislação de forma a torná-la cada vez mais adequada às novas realidades"

03/11/2020

Deputy of Fratelli d’Italia Andrea Delmastro about the proud of Italians overseas.
Proud to be an Italian descent and of the history of my family.

Happy to see that some politicians can notice the huge potential of Italian communities around the world, that carry Italy insede their hearts.

Thank you Andrea Delmastro

https://fb.watch/1wUra3x2Eh/