Italy: Update to Response to Information Request ITA28380.E on restitution of Italian nationality, with clarifications on the applicable legislation and on the wording of the sentence "the re-acquisition of Italian citizenship is almost automatic"
|Publisher||Canada: Immigration and Refugee Board of Canada|
|Author||Research Directorate, Immigration and Refugee Board, Canada|
|Publication Date||1 December 1997|
|Citation / Document Symbol||ITA28467.E|
|Cite as||Canada: Immigration and Refugee Board of Canada, Italy: Update to Response to Information Request ITA28380.E on restitution of Italian nationality, with clarifications on the applicable legislation and on the wording of the sentence "the re-acquisition of Italian citizenship is almost automatic", 1 December 1997, ITA28467.E, available at: http://www.refworld.org/docid/3ae6abb434.html [accessed 27 February 2015]|
|Disclaimer||This is not a UNHCR publication. UNHCR is not responsible for, nor does it necessarily endorse, its content. Any views expressed are solely those of the author or publisher and do not necessarily reflect those of UNHCR, the United Nations or its Member States.|
The following clarifications of the Italian legislation which allows former Italian Citizens to apply for the restitution of Italian nationality were provided to the Research Directorate by an official at the Embassy of Italy in Ottawa in a 4 December 1997 telephone interview, further to his information of 3 December 1997 (and not 4 December 1997 as originally indicated) for Response to Information Request ITA28380.E.
It is Article 17 of the 5 February 1992 Italian Law on Citizenship (attached), and not a separate piece of legislation, which allows former Italian citizens to apply for restitution of Italian nationality. Article 17 was valid for two years from 15 August 1992, the date of enforcement of the new Italian Law on citizenship. However, Article 17 was prorogued for one year from 16 August 1994 to 15 August 1995, remained inactive from 16 August 1995 to 31 December 1996, and was prorogued again from 1 January 1996 to 31 December 1997. Unless the Italian government decides on further prorogation, Article 17 will no longer be valid after 31 December 1997; however, the rest of the legislation remains in effect.
The expression "almost automatic" used in the third paragraph of Response to Information Request ITA28380.E of 3 December 1997 means that the Italian authorities will grant restitution of Italian citizenship in a matter of hours following the application, provided that the documents required are valid.
The official also stated that the office hours of the Consular Section of the Italian Embassy in Ottawa are from 9.00 a.m. to noon from Monday to Friday and that offices will be closed on 24 and 25 December 1997 and on 1 January 1998.
Please find attached a copy of an English version of Article 17 of the 5 February 1992 Italian Law on Citizenship, as well as a copy of the application form for restitution of Italian citizenship, both sent by fax to the Research Directorate by the Consular Section of the Italian Embassy. A full English version of the 1992 Italian Law on Citizenship is available on the REFWORLD database.
This Response was prepared after researching publicly accessible information currently available to the Research Directorate within time constraints. This Response is not, and does not purport to be, conclusive as to the merit of any particular claim to refugee status or asylum.
Embassy of Italy, Consular Section, Ottawa. 4 December 1997. Telephone interview with official.
Italian Embassy, Consular Section, Ottawa. Copy of the form to be filled by applicant for the restitution of Italian nationality.
Italian Law on Citizenship. Copy of Article 17 sent by fax to the Research Directorate by the Consular Section of the Italian Embassy in Ottawa on 4 December 1997.