Best Way to obtain settlement

[naija99]

Which would be the best way for a dual Italian/Australian to obtain settlement in the UK.
She has resided here for over 35 years but doesnt have a DCPR or ILR.
She was just about to apply for a DCPR but her Italian passport has expired. She was told to register with AIRE which has proved a nightmare so she wanted to travel to Italy to renew her passport there however she is worried in case she isnt able to do so and she then wont be able to get back into the UK.

Will she be admitted back to the UK on her AUstralian passport even if it's for six months?
Would the way forward be to apply under private life (20yrs) based on her Australian nationality
Would this be 10yr route to settlement or is there any exemptions for people over 70 years of age?

Grateful for any advice.

[naija99]

Can anyone advise?

[vinny]

Apply for an Italian passport.
How to register on AIRE.

If you are not registered with the Italian Consulate in London, you can still apply, but your passport will only be issued if other Italian authorities authorise us to do so. After you have submitted your application, the process can take up to 30 days.

[naija99]

Thanks Vinny
It has proven impossible to register with AIRE online, theres an error on their system.
She will go to Italy but if there are any issues would she be granted entry back into the UK with the Australian passport?

[vinny]

Alternative?:

If you are not registered with the Italian Consulate in London, you can still apply, but your passport will only be issued if other Italian authorities authorise us to do so. After you have submitted your application, the process can take up to 30 days.

[naija99]

Because she was born in Australia she has been told to register her birth certificate with AIRE.
The website states

If you

• were born outside of Italy
• obtained Italian citizenship in Italy or from an Italian Consulate/Embassy outside of England
• obtained Italian citizenship by marriage in Italy or from an Italian Consulate/Embassy outside of England

you are strongly advised to check that your birth certificate has been registered at your town hall (comune) of reference in Italy, even if you have been issued with an Italian passport in the past.

If you haven’t registered your birth certificate in Italy, you should provide a photocopy of a legalized birth certificate and a certified translation together with your passport application.

I think she will have to travel to Italy to do this

[vinny]

If you haven’t registered your birth certificate in Italy, you should provide a photocopy of a legalized birth certificate and a certified translation together with your passport application.

If she has her birth certificate, then the Australian High Commission may legalise it, etc.

[naija99]

Thanks vinny
Then what would be the next step
Would the legalised birth certificate still have to be registered with AIRE?

[vinny]

I wouldn’t have thought so, given “If you are not registered with the Italian Consulate in London, you can still apply, ...”

[naija99]

Ok thanks Vinny that’s really helpful
I’ll tell her to proceed accordingly

[secret.simon]

On a point of curiosity, when did she arrive in the UK? Was she married to a British citizen and resident in the UK before 1983?

[naija99]

She left Australia in 1966
met husband in Italy in 1967
Married in 1975
lived in Italy, until 1982,when she came to London and has remained here since

[naija99]

Sorry Simon I forgot to add that her husband was an Italian national but when they came to the UK in 1982 and remained here since I suspect he would’ve acquired PR before his death in 2001.

Does this mean she’s already got PR?

[naija99]

Hi Vinny, secret.simon, would be grateful for your help and advice again.
This lady with the dual Italian/Australian nationality has legalised her birth certificate and had it translated but is stumbling on the registration with Aire and getting her Italian passport renewed. Is there anyway possible she could apply for PR without the valid Italian passport - it expired in Sept 2017 OR apply for the private life application with the Australian passport due to living in the UK for over 30 years?

She would like to travel back to Italy to sort out the renewal of the Italian passport so she does not want the Australian passport stuck in the Home Office. Is there anyway she can submit the FLR FP without the Australian passport or with a certified copy of it?

Help please!

[vinny]

Is the Italian Consulate still refusing to accept her Passport renewal application?

[naija99]

Not so much refusing but just being unable to do what’s required.
She’s unable to register her birth certificate at the registry office - can’t get through to book an appointment, she’s been told that if you go there in person they only admit the first ten people in the queue. It’s a nightmare of a system so she would rather travel to Italy to get it done.

Would she be allowed back into the UK on her Australian passport if it fails over there? Or can she make the applications as asked previously with certified copies of her passports?

[naija99]

Any idea vinny?

[naija99]

Morning Vinny

Please could you provide some advice for this Italian/Australian lady.
She has now manged to get her Italian ID card and she applied for PR and was granted.
She now wants to naturalise but doesnt have an Italian passport so can she use her Australian passport with the naturalisation application?

[vinny]

She may also use her valid Italian National Identity card.

[naija99]

Thank you Vinny.

One more issue with the naturalisation application is her name.

Her Italian ID Card states her name with the Italian version spelling and only has her maiden name. Her Australian passport has the english spelling and her married name which is the way she is known on all of her documents and wishes to be known. SO should she send the Australian passport with the application as well.

Is there a need for a change of name deed?