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How can criminal convictions affect Italian Citizenship Applications?

Posted by on Sep 14, 2018 in IMMIGRATION AND NATIONALITY LAW UPDATE, LEGAL UPDATES

We have been receiving an increase in enquiries in relation to past criminal convictions (which can include cautions) and what the Italian law states in relation to criminal convictions when making an application for Italian citizenship on the basis of marriage or residency. Citizenship on the basis of marriage: Applying for Italian citizenship on the basis...

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INTERNATIONAL CONTRACTS – CHOICE OF APPLICABLE LAW

Posted by on Aug 23, 2018 in LEGAL UPDATES

INTERNATIONAL CONTRACTS: ARE THERE LIMITS TO THE PARTIES’ POWER OF CHOICE OF APPLICABLE LAW?  (EU regulation Rome I, Nikiforidis, necessary application of rules, lois de police (rules of application)) 1) How do you identify the law applicable to an international contract? When there is a foreign element in the creation of a contract (i.e. one of the...

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CASELAW – ITALIAN CITIZENSHIP – MARRIAGE TO FOREIGN NATIONAL

Posted by on Aug 23, 2018 in IMMIGRATION AND NATIONALITY LAW UPDATE, LEGAL UPDATES

RIGHT TO CLAIM FOR ITALIAN CITIZENSHIP BY DESCENT VIA FEMALE LINE, WHERE CLAIMANTS MOTHER HAD AUTOMATICALLY LOST HER CITIZENSHIP ON MARRIAGE TO FOREIGN NATIONAL Corte di Cassazione, judgment of  5 November 2015 n. 22608   FACTS: An Italian citizen married her Egyptian citizen husband in 1950 and settled in Egypt.  She became an Egyptian citizen...

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CASELAW – ITALIAN CITIZENSHIP – DELAY IN DECISION BY CONSOLATO ITALIANO

Posted by on Aug 23, 2018 in IMMIGRATION AND NATIONALITY LAW UPDATE, LEGAL UPDATES

DELAY BY CONSOLATO ITALIANO IN PROCESSING APPLICATION  (AND RIGHT AS AN ALTERNATIVE TO APPLY TO THE COURTS IN ITALY EVEN THROUGH THE MALE LINE). Ordinanza del Tribunale di Roma 18 April 2018 FACTS: The Claimants were the grandchildren of an Italian citizen (BG) born in Italy in 1879, who had emigrated to Brazil, where he died without ever renouncing his...

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CASELAW – ITALIAN CITIZENSHIP – DE FACTO SEPARATION

Posted by on Jul 30, 2018 in Immigration and Italian Citizenship, LEGAL UPDATES

Corte di Cassazione, judgment of 17 January 2017 n. 969 FACTS: A Tunisian national made an application for Italian citizenship on the basis of her marriage to an Italian national. Following submission of her application for Italian citizenship she had then separated from her spouse. This was however a personal/de facto separation and not a judicial...

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Disposizioni Anticipate di Trattamento – the right to choose

Posted by on Jul 30, 2018 in LEGAL UPDATES, SUCCESSION LAW UPDATES

Disposizioni Anticipate di Trattamento – the right to choose Following considerable public interest and pressure, the Italian government has now approved the proposed Law on Living Wills. (See also article of 4 April 2017, “Living Wills in Italy- Il Testamento Biologico”, published by Jessica Zama). Law n.219 of 22 December 2017 is now in force,...

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CASELAW – ITALIAN CITIZENSHIP – LAWFUL RESIDENCE UP TO AGE 18

Posted by on Jun 11, 2018 in IMMIGRATION AND NATIONALITY LAW UPDATE, LEGAL UPDATES

DEFINITION OF “LAWFUL RESIDENCE” Right to Italian citizenship at age 18 where born in Italy Cassazione Civile Sent. Sez. 1 Num. 12380 del 17 May 2017 FACTS The Claimant (a minor) was born in Italy on 5 June 1991 to immigrant parents from Former Yugoslavia. The Claimant’s father had a permesso di soggiorno valid until 1999. The Claimant’s...

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Take a moment to read our updated Privacy Policy

Posted by on Jun 4, 2018 in LEGAL UPDATES

This challenging piece of legislation is going to set the standards for privacy law in the world for years to come, since revelations about the use of Facebook have shown very recently how data breaches and fraudulent use of data can even manipulate the modern political process. We take this new law very seriously and we have carefully reviewed how we as...

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Italian citizenship – the sad fate of Alfie Evans

Posted by on May 3, 2018 in IMMIGRATION AND NATIONALITY LAW UPDATE, LEGAL UPDATES

The sad fate of 23 month old Italian citizen Alfie Evans who never managed to arrive in Italy. Alfie Evans was granted Italian citizenship on 24 April 2018 on the basis of Article 9(2) Act No. 91 of 5 February 1992, which states that: ‘By decree of the President of the Republic, having heard the Council of State and following a decision by the Council of...

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