CASELAW – LAWFUL RESIDENCE

Posted by on Jun 11, 2018 in LEGAL UPDATES | 0 comments

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 permesso di soggiorno valid until 1999. The Claimant’s mother had requested permesso di soggiorno in 1992. A request to register the Claimant at the anagrafe was made on 14 September 1995, four years after the child was born. There were various...

read more

Take a moment to read our updated Privacy Policy

Posted by on Jun 4, 2018 in LEGAL UPDATES | 0 comments

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 lawyers can improve the guarantees we offer our clients of a very high standard of privacy and confidentiality. Privacy Policy

read more

Italian citizenship – the sad fate of Alfie Evans

Posted by on May 3, 2018 in IMMIGRATION AND NATIONALITY LAW UPDATE, LEGAL UPDATES | 0 comments

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 Ministers, upon a proposal of the Minister for the Interior, in consultation with the Ministry for Foreign Affairs, citizenship may be granted to aliens where they have rendered an...

read more

“British in Italy – Rights of British citizens in the EU post-Brexit”.

Posted by on Apr 27, 2018 in LEGAL UPDATES | 0 comments

MEETING IN ROME NEXT WEEK WEDNESDAY 2ND MAY AT 2.30PM All Saints Church, Via del Babuino (St Thomas Room in the Crypt – access from Via Gesù and Maria) Speakers will be Gareth Horsfall, Charlotte Oliver and Alison Jamieson of British in Italy Please confirm you will definitely be attending with your full name and a contact cell no, either on Facebook page or to email address britsinitaly@gmail.com. The church has allowed space for 50 attendees in total so first come first served!

read more

International succession dispute – Johnny Hallyday

Posted by on Apr 27, 2018 in LEGAL UPDATES | 0 comments

Lawyers in France and the US are embroiled in the latest high profile international succession dispute, attempting to untangle the complex estate of Johnny Hallyday, the iconic French singer who died in December 2017 leaving four children and his wife Laeticia. We thought it would be interesting to look at the scenario, as it is similar to that which often affects international clients with assets in Italy, and give our thoughts on the issues of cross-border succession law and perhaps even predict a possible verdict in the case. Johnny...

read more

Italian citizenship – proof of legal residence

Posted by on Apr 26, 2018 in LEGAL UPDATES | 0 comments

Applications under article 9 of the Italian citizenship law of 1992 require proof of “legal residence”. The period must be uninterrupted, and can vary from three years in the case of a person who has a parent or grand-parent who was born Italian, to a maximum period of 10 years which needs to be proved by a non-EU national. In  law  n. 572/1993, which gives guidance on the new citizenship law, legal residence was defined as: “a person shall be consisdered to be legally resident in Italy if they have satisfied the conditions...

read more

UPDATED – Registering with married name in Italy

Posted by on Mar 27, 2018 in LEGAL UPDATES | 0 comments

British women who have changed their surnames following their wedding may have issues when dealing with Italian administrative bodies, such as banks, the “Comune” or the “Anagrafe”. An individual in England may change their name at will, without having to undergo any onerous documentary formalities.  It is especially the case and tradition in England that a woman take her husband’s surname; a marriage certificate which shows both the woman’s maiden name and the husband’s surname will suffice as evidence to enable her to change...

read more

Article published in Wanted in Rome

Posted by on Mar 10, 2018 in LEGAL UPDATES | 0 comments

“Future for EU Brits remains unclear” by Charlotte Oliver March issue 2018 A group of British citizens living in Holland recently presented a claim to the Dutch courts arguing that EU citizenship is a right that cannot be taken from them when the UK leaves the EU. Their contention is that: “Once an EU citizen, always an EU citizen” or “civis europeus sum”, to quote the phrase that once implied all the rights and duties of a citizen of ancient Rome. The Dutch courts are being asked to make a referral to the European Court of...

read more

British nationals applying for Italian citizenship

Posted by on Feb 27, 2018 in LEGAL UPDATES | 0 comments

The largest group of foreign nationals applying for Italian Citizenship in the past year consists of British Citizens. Oliver & Partners has seen a sharp increase in enquiries and is currently assisting with a number of  applications. This development of course is in the aftermath of the triggering of Article 50 of the Lisbon Treaty by British Prime Minister Theresa May on 2 October 2016 following the Referendum on 23 June 2016, in which 51.9% of the British population who voted chose to leave the EU. According to the Guardian newspaper:...

read more

Visa for investors in Italy

Posted by on Feb 25, 2018 in IMMIGRATION AND NATIONALITY LAW UPDATE, LEGAL UPDATES | 0 comments

Visa for investors in Italy A new immigration category was established in Italy in the 2017 budget legislation which allows for visas and residence permits (for up to 2 years) to be granted to investors. This new law is aimed at non-EU nationals who intend to make a substantial long-term investment in Italy or make a philanthropic financial donation to benefit culture and research in this country. The Italian Ministry for Economic Development published a report in December 2017 showing statistics relating to the number of applications made,...

read more

Mental capacity issues and Italian law

Posted by on Jan 27, 2018 in LEGAL UPDATES | 0 comments

There is currently no framework for the cross-border recognition of court orders affecting the legal capacity of adults. Whereas family court orders (divorce or maintenance for example) are recognised across EU member states, orders for the protection of vulnerable adults are not. For example, a Lasting Power of Attorney (or LPA) registered with the Office of the Public Guardian in the UK is not recognised in Italy. Likewise, a court order made in Italy nominating a guardian (tutore/ amministratore di sostegno) or removing legal capacity...

read more

Enforcing a maintenance order in another EU country

Posted by on Jan 26, 2018 in FAMILY LAW UPDATES, LEGAL UPDATES | 0 comments

CASELAW: We have recently represented a client in the Italian courts, defending an action brought by her former husband to revoke her divorce maintenance order. The divorce took place in the UK courts, but both parties and their children now live in Italy. We not only opposed the husband’s right to revoke the maintenance order at all, we also took issue with the way in which the husband introduced the claim in the Italian courts. According to the Regulation on the Recognition and Enforcement of Maintenance Orders (EU Regulation no....

read more

New Solicitor joins Oliver & Partners

Posted by on Jan 21, 2018 in NEWS AND EVENTS | 0 comments

We are very happy to welcome Aleksandra Broom to our team this month. Aleksandra is a practising Solicitor of England and Wales.  She  specialises in the fields of immigration and nationality law and family law. She has a wide range of previous experience in immigration and family law matters including advocacy in the UK courts and tribunals. She will be registering with the Ordine degli Avvocati di Roma as an established lawyer (avvocato stablito) under the EU rules of establishment of lawyers in another member state. More details and bio...

read more

First ECJ caselaw on Succession Regulation

Posted by on Nov 24, 2017 in LEGAL UPDATES | 0 comments

The EU Regulation on cross-border inheritance and succession no. 650/2012 came into force in August 2015, so not surprisingly only now its provisions are starting to be interpreted by the European Court of Justice. Lawyers who deal with cross-border estates, such as a succession involving assets in more than one country including an EU member state are keen to see how some controversial or ambiguous clauses are going to be defined, for example in the definition of habitual residence – how it will be clear in the case of a person who...

read more

Italian divorce law – Supreme Court takes new direction on spousal maintenance

Posted by on Nov 13, 2017 in LEGAL UPDATES | 0 comments

A historic decision of the Corte di Cassazione in May 2017 may be one of the most discussed developments in Italian divorce law for years to come. Although the decision was made by Section I of the Supreme Court (not a joint “sezioni uniti” pronouncement considered to have the most power to bind future courts) it is widely conisdered to be very influential. The court decided that in determining the right to and amount of maintenance for the weaker spouse, the main factor should be the financial independence, or lack of, of that...

read more

New rules – declaration of succession in Italy

Posted by on Sep 26, 2017 in LEGAL UPDATES | 0 comments

The death of a person in Italy must be registered within 12 months, by the heirs, an Executor or other interested party, by lodging the form known as the “dichiarazione di successione“, probably the equivalent of the application for Probate in the UK. Up to now this form has been presented at the tax office, the Agenzia delle Entrate, in the area of the last place of residence of the deceased. The form states whether the deceased died intestate, or intestate, In case of a testate succession an authentic copy of the last will must...

read more

Living Wills in Italy “il testamento biologico”

Posted by on Apr 4, 2017 in LEGAL UPDATES | 0 comments

UPDATE: Since this article was written the Sentate have now approved the proposed law (on 14 December 2017) On the 13th March 2017, the Italian Senate started discussing a proposed new law regarding the introduction of “Testamenti Biologici”, (“Biological Wills”), the equivalent of what are known as “Living Wills” in the UK. This is a document by which an individual, who is over 18 and who has full mental capacity, expresses their wishes regarding future medical treatment, in circumstances in which they are no longer able to...

read more

Alternative White Paper – UK Citizens in Europe

Posted by on Feb 2, 2017 in LEGAL UPDATES | 0 comments

On the eve of the Government’s White Paper publication, UK citizens living in the EU present their ‘UK Citizens in Europe – Towards an Alternative White Paper’. Alternative White Paper – Uk citizens in the EU – LINK TO WHITE PAPER ON SITE OF ECREU This is the biggest group of British citizens’ organisations in Europe working together for the first time to call for their serious concerns to be acted on before Article 50 is triggered. The groups represent thousands of British citizens living and working across the...

read more

Cohabitation agreements

Posted by on Jan 29, 2017 in LEGAL UPDATES | 0 comments

The contract of cohabitation (in Italian “contratto di convivenza”) has to be in written form, as a Public Deed (prepared by a Notary Public), or a Private Contract, which is then authenticated by a Lawyer.   The Notary or Lawyer will then send the executed document to the Comune, who will transcribe the same in its registers. This professional will also be responsible for the rescission of the contract (by either the wish of both parties, a unilateral decision, by death or marriage) communicating any changes to the Comune, as...

read more

#FairDealNow Webinar

Posted by on Jan 29, 2017 in LEGAL UPDATES | 0 comments

Monday 30th January 2017 at 6pm UK time (7pm Italy). Organised by group New Europeans, this webinar will discuss issues relating to the future of British citizens in the EU and EU nationals in the UK. Please find all the details and how to register on this link. https://neweuropeans.net/event/1707/fairdealnow-webinar New Europeans is a civil rights organisation which champions freedom of movement, non-discrimination and the principle of solidarity in...

read more