Weather in Brescia. The bill that seeks to amend current legislation on the acquisition of Italian citizenship by a foreign citizen arrives in the House.
After several attempts in recent years, all have been left as a dead letter, the Assembly of Montecitorio is preparing to examine the text introducing the ius scholae, or the possibility of applying for citizenship for a foreign minor after having completed at least a 5-year school cycle.
The text allows the child to acquire Italian nationality foreign who was born in Italy or entered at the age of 12 and who has resided legally and without interruption in our country, if he has regularly attended one or more cycles in institutions belonging to the system for at least five years in the national territory of national education. or vocational training courses of three or four years suitable for obtaining a professional qualification.
The ius scholae is therefore different from the ius sanguinis and the ius soli.
The first is the principle currently in force in Italy for Acquisition of Citizenship: Italians are those born to at least one parent in possession of citizenship and “inherit their blood.” Foreigners arriving in the country can apply for citizenship by naturalization only after 10 years of continuous stay on Italian soil. Their children, on the other hand, have to wait until they reach the age of majority, proving that they have lived there continuously since birth.
On the basis of the principle of ius soli, the right of citizenship is based with the birth in the territory of a State regardless of the nationality of the parents. The main European countries (UK, Germany and France) apply modified forms of ius soli (in addition to birth in the territory of the state, various conditions vary from state to state). To apply the ius soli are Brazil, Canada, USA, and in general almost every country in the Americas.
From the text that the House is examining, why acquires Italian nationality, the parents of the interested party in possession of the requirements, as long as both are resident in Italy, will have to make a “declaration of intent” when the child reaches the age of majority. The interested party may renounce the acquired citizenship within two years from the age of majority, as long as he is in possession of another citizenship and, conversely, may request the acquisition of the citizenship. to the registrar within two years of the achievement of citizenship. of legal age, when the parents have not made the declaration of will.
A provision of the text specifies that the minority requirement is considered referred to at the time of filing the parental application or application.
The disposition procedure was long and not without obstacles: against the bill – endorsed by the center-left and the M5 -, the Lega and Fratelli d’Italia took sides from the beginning, while Forza Italia initially voted in favor when the basic text was approved, only to vote against when the Committee on Constitutional Affairs. dismissed the disposition of the Chamber.
And the battle of the center-right will now take place in the Assembly. During the examination in the committee some modifications were introduced to the basic text, with the approval of four amendments: among the most important novelties, the addition of the necessary “positive” conclusion of the 5 years of primary, the possibility that they are vocational training courses were also considered for the application of citizenship, the elimination of the requirement of the application submitted by both parents (it is sufficient that the application is submitted by only one of the parents) and finally the removal of the text of the requirement of “uninterrupted” residence in Italy.
There are currently 877,000 children in Italy who attend Italian schools, without being in possession of citizenship. In the Brescia area, 20,000 students sit at desks, most of whom attend the primary and secondary (middle) cycle, representing 12% of the school population in Brescia.
These are the pillars of the bill he intends to introduce in the Italian legal system the ius scholae: Italian citizenship can be acquired by a foreign minor born in Italy or who has entered it at the age of 12. The minor must reside legally in Italy and must have regularly attended, in the national territory, for at least five years, one or more school cycles in institutions belonging to the national education system or cycles of education and vocational training suitable for the obtaining a professional qualification.
In the event that attendance is primary, satisfactory completion of the course is also required. The minor requirement is considered to refer to the time of submission of the application or application by one of the parents or the person exercising parental responsibility.
Citizenship is acquired after a declaration of will expressed in this sense, within the age of majority of the interested party, by a parent legally resident in Italy or by the person exercising parental responsibility, to the registrar of the municipality of residence of the minor.
In the two years following coming of age, the interested party may renounce Italian nationality if he has another. If the declaration of intent has not been expressed, the interested party acquires the nationality if he / she requests it from the registrar within two years from the age of majority.