My origin is from the USA. I do not have any ancestral ties to any EU
country. The mother of my soon to be born child has residency in
Italy, (not citizenship) from a failed 2 year marriage to an EU
citizen.

Do you know, if under "ius soli" (law of the soil), or any other EU/
Italian law, if an EU, duel citizenship country will grant citizenship
or residency to my child born in Italy?  The mother and I will marry
as soon her divorce is final. (This takes 3 years I believe in Italy,
and through an arrangement with her ex-husband, she will have
citizenship before the divorce is final.)

However, in the meantime, our child will be born, and she wants to
stay in Italy to finish her dissertation. I want to live in Italy,
declare myself the father of the  the child, and provide for both of
them in Italy before the citizenship is issued to her, and in case the
ex-husband changes his mind. (My work can easily be performed in
Italy, but thats another issue.) Will I be able to obtain citizenship
or at least residency along with my child?

Hi initaly,

"Do you know, if under "ius soli" (law of the soil), or any other EU/
Italian law, if an EU, duel citizenship country will grant citizenship
or residency to my child born in Italy?"

Briefly, the answer to your question is "no" because Italian
citizenship is passed on by blood "ius sanguinis", not by "ius soli".
However, your child will become eligible for Italian citizenship when
he/she reaches adulthood (age 18) by virtue of being born in Italy if
he/she has lived in Italy up to that point. He/she will also be
eligible for "naturalization" when the mother obtains her citizenship.

Article 1 of Law n.91/1992, reaffirms the principle of "jure
sanguinis" (continuity of blood), by which any children born of an
Italian father/mother instantly inherit the Italian citizenship.
http://www.italconphila.org/english/citizenship.html#b2

LAW No. 91/92
"The Law governing the various aspects of Italian citizenship is No.
91 of 5 February 1992, and the relevant enforcement provisions
contained in President?s Decrees No. 572/93 and No. 362/94.
"Italian citizenship is passed on by blood and descent (principle of
ius sanguinis)."
http://www.provincia.perugia.it/Guide-tema/Lavoro/i-servizi-/Stranieri-/English/Attestatio/Permesso_soggiorno_attesa_cittadinan.doc_cvt.htm

>>> THE CHILD

NATURALIZATION through the mother

If your child lives with his/her mother at the time she acquires her
citizenship, then he/she will be entitled to apply for naturalization.
"The request for Italian citizenship by naturalisation can be made in
one of the following cases:
 5) if you are the minor son or daughter of someone who has acquired
or re-acquired citizenship and you live with one of your parents at
the time that he or she is granted or re-granted citizenship, and you
meet the following conditions:
- cohabitation is stable and effective;
- cohabitation is attested to by the family status certificate or
equivalent documentation.
ATTENTION: for the purposes of acquiring Italian citizenship, "legal
resident" refers to anyone who has adhered to the rules and
regulations for entrance into Italy and officially is registered with
the registry office (permit of stay, etc.) .MOREOVER: all documents in
a foreign language must be accompanied by a sworn translation copied
on revenue stamped paper of 20.000 lira."
http://216.239.37.104/translate_c?hl=en&u=http://www.stranieriinitalia.it/inglese/page8/naturalizzato.htm&prev=/search%3Fq%3Dpermesso%2Bdi%2Bsoggiorno%26num%3D100%26hl%3Den%26lr%3D%26client%3Dfirefox-a%26rls%3Dorg.mozilla:en-US:official

BY BIRTH

 You may become an Italian citizen:
 2) if you were born in Italy and have resided here legally without
interruptions until the age of 18 and you declare your intention to
acquire Italian citizenship within one year from becoming 18.
The official declaration of your intention must be made before a
Registrar. You will need the following documents:
a) birth certificate
b) a residency certificate
http://216.239.37.104/translate_c?hl=en&u=http://www.stranieriinitalia.it/inglese/page8/discendenza.htm&prev=/search%3Fq%3Dpermesso%2Bdi%2Bsoggiorno%26num%3D100%26hl%3Den%26lr%3D%26client%3Dfirefox-a%26rls%3Dorg.mozilla:en-US:official

Article 4
"A foreign person born in Italy and who has lawfully lived in Italy
without interruption until coming of age becomes an Italian citizen if
he/she declares that he/she wishes to acquire Italian citizenship
within one year after such date."
http://www.provincia.perugia.it/Guide-tema/Lavoro/i-servizi-/Stranieri-/English/Attestatio/Permesso_soggiorno_attesa_cittadinan.doc_cvt.htm

>>> THE FATHER

"Will I be able to obtain citizenship or at least residency along with my child?"

Briefly, yes, you will be able to obtain citizenship after your
marriage and after six months or residency or three years of marriage.

 If you to are the spouse of an Italian citizen
 "3) if you are the spouse of an Italian citizen and have resided
legally in Italy for at least six months or you have been married for
three years (and there has been no legal divorce or annulment and you
are not in the process of separating)."
http://216.239.37.104/translate_c?hl=en&u=http://www.stranieriinitalia.it/inglese/page8/matrimonio.htm&prev=/search%3Fq%3Dpermesso%2Bdi%2Bsoggiorno%26num%3D100%26hl%3Den%26lr%3D%26client%3Dfirefox-a%26rls%3Dorg.mozilla:en-US:official

Acquisition of Italian Citizenship by Marriage to an Italian Citizen:
http://www.italconphila.org/english/citizenship.html#b4

Application Form: 
http://www.italconphila.org/forms/IE2_3_1.pdf

Citizenship Acquisition:
http://www.iom.int/DOCUMENTS/PUBLICATION/EN/5_IT.pdf

Moving to Italy:
Sojourner's Permit - Permit to Stay ( Permesso di soggiorno) / Residency:
PROCEDURE FOR OBTAINING RESIDENCY IN ITALY
(For Non EU Citizens)
http://www.lifeinitaly.com/moving/permesso.asp

Moving to Italy: 
Visa - Work/Study Permit
http://www.lifeinitaly.com/moving/default.asp

>>> Additional Links of Interest:

Entry and Residence in Italy:
http://www.provincia.grosseto.it/immigrazione/documenti/ingresso_soggiorno_en.pdf.

Information for Marriages of American Citizens in Italy
http://www.italconschicago.org/english/marriage.htm

Marriage in Italy
http://travel.state.gov/law/citizenship/citizenship_754.html

Naturalization and citizenship assessment
http://www.meltingpot.org/articolo1060.html

Permit to Stay:
http://216.239.37.104/translate_c?hl=en&u=http://www.stranieriinitalia.it/inglese/page1.html&prev=/search%3Fq%3Dpermesso%2Bdi%2Bsoggiorno%26num%3D100%26hl%3Den%26lr%3D%26client%3Dfirefox-a%26rls%3Dorg.mozilla:en-US:official

Moving to Italy:
What Should I Bring?
http://www.lifeinitaly.com/moving/moving-to-italy.asp

General Information for Citizens of the United States:
http://www.italcons-sf.org/Elisabetta%20visti/GENERAL%20INFORMATION%20FOR%20U.S.pdf

Entry Into Italy: Forms:
http://www.italcons-sf.org/entry_visa_into_italy.html

visiting Italy long term: The legal requirements:
http://www.romebuddy.com/givesadvice/legalities.html

AMERICAN CITIZEN SERVICES:
http://www.usembassy.it/naples/cons/acs/information.htm

I hope I've been able sort this out for you a bit. If you have any
questions, please post a clarification request *before* closing/rating
my answer and I'll be happy to reply.

Thank you,
hummer

Google Search Terms Used:

italy naturalization
permesso di soggiorno
italy  "ius soli"

---

Request for Answer Clarification by initaly-ga on 01 Mar 2005 07:52 PST

Just so I am clear on this,

There is really no way I can "legally" live and work in Italy to
provide for my child, and to be with the mother until we are married 3
years from now?

I take it the only way is if I get hired by an Italian company, and
recieve a work permit to be here.

The consulates office says that my current line of work conflicts with
EU law, and my services can only be performed by EU residents. I have
been looking for Italian companies to hire me, but none are interested
in the nightmareof paperwork required to bring on a foreigner, or they
offer very low compensation "under the table" that would not allow me
to provide for myself, let alone my family.

It sounds like the law will force me to abandon the mother and child,
unless I can convince the mother to move to the US. (this will be
impossible,) or I will have stay in Italy and work illegally if I am
going to take care of them?

---

Clarification of Answer by hummer-ga on 01 Mar 2005 09:37 PST

Hi initaly,

Yes, I'm afraid you are correct. I'm sorry, I really can't offer
anything you don't already know. Perhaps you could talk the mother
into going to the U.S. for a short visit and pray she falls in love
with the place?

Jobs in Italy
Where to Find Work and How to Network
http://www.transitionsabroad.com/publications/magazine/0407/working_in_italy.shtml

US Embassy in Italy
http://www.usembassy.it/cons/acs/employment.htm

Sadly,
hummer