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Unique Immigration Problem - can any one help??

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gingerj
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Unique Immigration Problem - can any one help??

Post by gingerj » Sat Mar 08, 2008 2:02 pm

I have been in a relationship with my dual national fiancé for a year now. He has both US and Italian passports. 11 months ago, he attempted to renew his Italian passport and they have denied him the right saying he signed a renunciation document back in 1993… so in effect they say he is not Italian any more. What he was led to believe at the time was that he was signing a postponement of Military duties (required by Italian Law) so he could continue with his education. Apparently, this was not a postponement but turns out it was a renunciation of Italian Citizenship! So basically, he got screwed over without knowing it.

This was 15 years ago now, and has had his Italian passport renewed twice since without problems, but now he has this trouble on a third renewal attempt in April last year.

The Italian Consulate in London, has done nothing but mess him around with communications of being ok and being Italian still, but in the end it is now discovered that London has actually done nothing but lie and say whatever they wanted to get their ‘’hands free’’ of this situation. It has been 11 months now, and he is threatened now with having to go back to Italy for 12 months so he can regain status of Italian citizenship.

I do not want this to happen because we have made a life together now, and I am expecting our 1st child together. This is a huge blow to us. The Italian register in Rome has said that if he could prove he was in Italy in the year as a resident he could get his passport back. His old passport, verifies he was there and received it in Rome. He has to have been living in Italy 12 months prior to get his passport in the 1st place.

The registry in Rome is insisting that this isn’t enough and that they want proof of a regular residency status, such as working payslips or registration within a school for classes, etc.

The bottom line is, if anyone has had any kind of similar situation, and had luck with it, please contact us via this thread as a post. If my fiancé has to return to Italy, will he still be able to visit UK on an American passport departing from Italy? Or will he need a visa from the USA to have permission to re-enter the UK freely with a USA passport?

Any info would be greatly appreciated.

thsths
Senior Member
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Joined: Sun Apr 29, 2007 9:14 pm
United Kingdom

Re: Unique Immigration Problem - can any one help??

Post by thsths » Sat Mar 08, 2008 3:15 pm

gingerj wrote:I have been in a relationship with my dual national fiancé for a year now. He has both US and Italian passports. 11 months ago, he attempted to renew his Italian passport and they have denied him the right saying he signed a renunciation document back in 1993… so in effect they say he is not Italian any more.
I guess the question is how your fiance got both nationalities. As far as I know, Italy used to disapprove of dual citizenship.

But I would also thing that this is the wrong forum to discuss the issue.

Tom

gingerj
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Joined: Sat Mar 08, 2008 1:59 pm

Re: Unique Immigration Problem - can any one help??

Post by gingerj » Sun Mar 09, 2008 1:46 am

thsths wrote:
gingerj wrote:I have been in a relationship with my dual national fiancé for a year now. He has both US and Italian passports. 11 months ago, he attempted to renew his Italian passport and they have denied him the right saying he signed a renunciation document back in 1993… so in effect they say he is not Italian any more.
I guess the question is how your fiance got both nationalities. As far as I know, Italy used to disapprove of dual citizenship.

But I would also thing that this is the wrong forum to discuss the issue.

Tom

His father is Italian, and his mother is American.

New to this so not sure which forum to ask for advice in.

JAJ
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Re: Unique Immigration Problem - can any one help??

Post by JAJ » Sun Mar 09, 2008 2:42 am

gingerj wrote: His father is Italian, and his mother is American.

New to this so not sure which forum to ask for advice in.
If the Italian Embassy are saying that he renounced his Italian citizenship in 1993 and he disagrees with this, he needs to find a good Italian lawyer dealing with immigration/nationality matters.

gingerj
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Re: Unique Immigration Problem - can any one help??

Post by gingerj » Sun Mar 09, 2008 8:41 am

JAJ wrote:
gingerj wrote: His father is Italian, and his mother is American.

New to this so not sure which forum to ask for advice in.
If the Italian Embassy are saying that he renounced his Italian citizenship in 1993 and he disagrees with this, he needs to find a good Italian lawyer dealing with immigration/nationality matters.
His Father lives in Italy and he is seeking his lawyers advice, so I am hoping this brings us positive news. Thank you for your advice :)

sakura
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Location: UK

Post by sakura » Sun Mar 09, 2008 4:31 pm

gingerj, please do keep us informed of this - it is a very strange situation!!

Did they retain his passport(s)?

gingerj
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Post by gingerj » Mon Mar 10, 2008 1:55 am

sakura wrote:gingerj, please do keep us informed of this - it is a very strange situation!!

Did they retain his passport(s)?
It is very strange indeed, maybe 1st of it's kind. No they didn't retain his expired passport, he still has it. The most weird thing I find is that the gentleman who witnessed this said document to renounce his Italian ship, also issued my fiancé his last passport, nobody on the Italian side has questioned that though which frustrates the hell out of me.


I will keep you informed .

stmellon
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Re: Unique Immigration Problem - can any one help??

Post by stmellon » Tue Mar 11, 2008 11:08 am

gingerj wrote:

The bottom line is, if anyone has had any kind of similar situation, and had luck with it, please contact us via this thread as a post. If my fiancé has to return to Italy, will he still be able to visit UK on an American passport departing from Italy? Or will he need a visa from the USA to have permission to re-enter the UK freely with a USA passport?

Any info would be greatly appreciated.


Sorry to hear about your difficulties.

Just to give you some suggestions, he would be entitiled to travel to the UK for up to 6 months without a visa on his US passport. Check this on www.ukvisas.gov.uk and click on "Do I need a Visa?"

Good luck with it.

Directive/2004/38/EC
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Location: does not matter if you are with your EEA family member

Post by Directive/2004/38/EC » Tue Mar 11, 2008 10:18 pm

gingerj - What is your citizenship and status in the UK? Are you both living together?

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