Simplifying public documents
The EU Regulation on Public Documents n. 1191 came into force on 16th February 2019 and dramatically cuts red tape for EU citizens who need to provide public documents in another EU member state, abolishing the need for fixing with an Apostille, to prove the cross-border document or certificate is genuine, or even the need to provide a translation. The public documents covered by the Regulation include birth, death, marriage, registered partnership or adoption certificates, and also residence certificates and proof of absence of a...
read moreDecreto Flussi 2019
Work Permit Quotas 2019 for non-EU nationals: Work permit quotas for non-EU nationals in Italy are released at the beginning of each year by way of publication of the Immigration Quota Decree ‘Decreto Flussi’, which allows non-EU nationals who meet the requirements of the decree to obtain a work permit in Italy. The quotas vary from year to year. In 2018, the quota was 30,850 in relation to non-EU nationals of which 18,000 were seasonal workers. It is highly likely that the quota shall remain the same for 2019. In 2018, 30,850 workers were...
read moreInternational couples and property – EU Regulation
New EU law will come into force on 29th January 2019, namely Regulations 1103/1106 and 1104/2016 which will regulate property ownership between married couples and registered partnerships in international or “cross-border” situations. The new rules, in a similar vein as other Regulations in family law matters, will prescribe clarity in case of a dispute, in particular separation and divorce, ie will enable couples to determine the law appliable and the competent court to decide on the question of property ownership. An example of a...
read moreINTERNATIONAL LETTERS ROGATORY
“Letters rogatory” (a legal request -which will be referred to here simply as a “rogatory”), provide judicial authorities in Italy with reciprocal assistance and co-operation in legal proceedings. POST BY AVVOCATI JESSICA ZAMA AND AGNESE MICOZZI A rogatory is a tool used to notify and serve documents which have legal value in a different jurisdiction, in particular a way to judicially enforce a foreign obligation, on an individual or a company, for example when they are called to be a witness or to provide...
read moreBRITISH CITIZENSHIP
Applications for British Citizenship: There are different ways to apply for British citizenship based on your circumstances. Grounds of Current residence: If you moved to the UK you may apply for ‘naturalisation’ as a British citizen if: – you moved to the UK on a visa – you are from a EEA country or Switzerland If you have lived in the UK for the last 5 years you may be able to: – apply if you’ve had indefinite leave to remain for the past year – apply if you’re from the EEA and you’ve had permanent...
read moreItalian language test for citizenship
A new language test for Italian citizenship has recently been added in an amendment to the immigration and citizenship law D.L. n. 91 of 5th February 1992. Last month amendment 14.7 of the Decreto Sicurezza was approved in the Camera, confirming the requirement that all those applying for Italian citizenship under Article 5 of the 1992 law (marriage grounds) and Article 9 (residence grounds) must pass an Italian language test to the minimum level of B1 (pre-intermediate). Article 9 of D.L. n. 91/1992 has now been amended to include...
read more“Codice rosso” new law on domestic violence
New draft legislation making its way through the Italian Parliament, nicknamed “Disegno di legge Codice Rosso” modifies the existing provisions of the codice penale. The new law provides for new training for police and carabinieri and fast-tracking of police reports by victims of domestic violence, which will need to be submitted immediately to the prosecutor’s office. There will also be speedier access to justice for victims through the courts, particularly in urgent cases, for example where an injunction is needed....
read moreRecognising overseas birth certificates
With the ever-looming enforcement of Brexit in March 2019 and the Decreto Sicurezza* (D.L. n. 113/2018) which came into force on 5th October 2018, there has been an influx of British citizens making applications for Italian citizenship (on the grounds of residency, marriage or ius sanguinis) with the aim to protect their rights as European citizens. Recently we have received enquiries from British clients in relation to what form of birth certificates would be considered acceptable in the citizenship application. The online application...
read moreIncoterms in international contracts
What are Incoterms and why are they relevant in relation to international contracts? Incoterms are international commercial clauses published by the International Chamber of Commerce (ICC) and are referred to in international contracts for the sale of goods. They provide specific rules in relation to the buyer and seller’s responsibilities when dealing with loss, damages and the costs of transport. In fact, they are only commercial in nature, and are used widely during international commercial transactions, so they do not constitute any...
read moreDecreto Salvini – Legge 113/2018 – changes to law on Italian Citizenship
Changes to Italian Immigration and Citizenship rules (Decreto Salvini) came into force on October 5th 2018 with Decreto Legge 113/2018. Article 14 of this new law changes the current rules on applications for Italian citizenship. These new rules affect a number of our clients, in particular British citizens hoping to obtain Italian citizenship before the UK leaves the EU in order to safeguard the rights associated with European citizenship. The main changes are the increase in time in which the Home office must make a decision and the increase...
read morePermanent residence certificate
Permanent Residence: Following 5 years of continuous legal residence in Italy, an EU citizen* can apply for permanent residence. This is a certificate issued by the Comune known as the “Attestato di soggiorno permanente“. The right to obtain the Attestato di soggiorno permanente is provided in the Directive on Free movement (2004/38/CE) and is incorporated into Italian law no. 30 of 2007 (see articles 14- 16). Art. 14. Diritto di soggiorno permanente 1. Il cittadino dell’Unione che ha soggiornato legalmente ed in via continuativa per...
read moreThree years of the new EU Succcession Regulation
Choice of Law Clause in Wills The EU Succession Regulation (650/2012) came into force in August 2015, with the intention of simplifying and clarifying succession procedures and applicable laws, for Europeans living in different countries than that of their origin, and owners of property in multiple cities. Currently the applicable law to a succession, in accordance with this Regulation, is that of an individual’s “habitual residence”, of which there is no definition. The interpretation of “habitual residence”, three years on,...
read moreHow can criminal convictions affect Italian Citizenship Applications?
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 of marriage is an automatic right. Citizenship on the basis of marriage can only be denied to those who have a criminal record for a serious crime committed either in or outside of Italy....
read moreINTERNATIONAL CONTRACTS – CHOICE OF APPLICABLE LAW
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 parties is foreign, there is a foreign object or the execution of the contract could potentially be carried out in accordance with foreign law) national law cannot always be said to be...
read moreCASELAW – ITALIAN CITIZENSHIP – MARRIAGE TO FOREIGN NATIONAL
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 automatically following her marriage. The Claimant, her son, applied to the Tribunale di Roma in relation to his application for Italian citizenship on the basis of iure...
read moreCASELAW – ITALIAN CITIZENSHIP – DELAY IN DECISION BY CONSOLATO ITALIANO
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 Italian citizenship. His descendants made an application for Italian citizenship by descent at the Italian Consulate at Porto Alegre, Brazil in 2016, claiming that via ius sanguinis he...
read moreCASELAW – ITALIAN CITIZENSHIP – DE FACTO SEPARATION
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 one. ISSUES: The First Tier Tribunal and the Court of Appeal both ruled stating that the Applicant was in possession of the required legal requisites for acquisition of Italian citizenship and had...
read moreDisposizioni Anticipate di Trattamento – the right to choose
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, and means that any individual in Italy, who is over 18 and has mental capacity, can now specify in advance, via a “Living Will” (called “Disposizioni Anticipate di Trattamento”, or...
read moreCASELAW – ITALIAN CITIZENSHIP – LAWFUL RESIDENCE UP TO AGE 18
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 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 moreTake a moment to read our updated Privacy Policy
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
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