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Italy: The right to Italian citizenship of children born in Italy of Nigerian parents

Publisher Canada: Immigration and Refugee Board of Canada
Author Research Directorate, Immigration and Refugee Board, Canada
Publication Date 20 February 2003
Citation / Document Symbol ITA40469.E
Reference 2
Cite as Canada: Immigration and Refugee Board of Canada, Italy: The right to Italian citizenship of children born in Italy of Nigerian parents, 20 February 2003, ITA40469.E, available at: http://www.refworld.org/docid/3f7d4db531.html [accessed 26 October 2014]
DisclaimerThis 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.

According to Article 1 of Act No. 91, enacted by Italy on 5 February 1992, a person born in Italy may acquire Italian citizenship by birth if his/ her mother or father is an Italian citizen, if both parents are unknown or stateless persons, if the child cannot obtain the citizenship of his/her parents because the laws of the country that they belong to do not allow it or if the child is found abandoned.    In a 19 February 2003 telephone interview with the Embassy of the Italian Republic in Ottawa, an official stated that a person born in Italy of non-Italian parents may request the acquisition of Italian citizenship when he/she reaches the age of 18, if he/she still resides in Italy. More specifically, Article 9 of Act No. 91 states:

1.Italian citizenship may be granted by Order of the President of the Republic upon the recommendation of the Minister for the Interior, following consultation of the Council of State, to:

(a) aliens whose father or mother or one of whose direct ascendants in the second degree have been citizens by birth, or who were born in the territory of the Republic and who, in both these cases, have been legally resident in the territory for at least three years, subject to the provisions of article 4, paragraph 1, subparagraph (c);

(b) aliens of full age who have been adopted by an Italian citizen and who have been legally resident in the territory of the Republic for at least five years after their adoption;

(c) aliens who, for at least five years, have been in the service of the State, including service abroad;

(d) citizens of a State member of the European Community who have been legally resident for at least four years in the territory of the Republic;

(e) stateless persons who have been legally resident for at least five years in the territory of the Republic;

(f) aliens who have been legally resident for at least ten years in the territory of the Republic.

2. By an Order of the President of the Republic made following consultation of the Council of State and consideration by the Council of Ministers, upon the recommendation of the Minister for the Interior and in agreement with the Minister for Foreign Affairs, citizenship may be granted to an alien who has rendered eminent services to Italy, or where its granting is in the special interest of the State (Italy 5 Feb. 1992).

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.

References

Italy. 19 February 2003. Embassy of the Italian Republic, Ottawa. Telephone interview with official.

____. 5 February 1992. Act No. 91. (UNHCR: Country of Origin and Legal Information). [Accessed 19 Feb. 2003]

Copyright notice: This document is published with the permission of the copyright holder and producer Immigration and Refugee Board of Canada (IRB). The original version of this document may be found on the offical website of the IRB at http://www.irb-cisr.gc.ca/en/. Documents earlier than 2003 may be found only on Refworld.

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