Applications under article 9 of the Italian citizenship law of 1992 require proof of “legal residence”. The period must be uninterrupted, and can vary from three years in the case of a person who has a parent or grand-parent who was born Italian, to a maximum period of 10 years which needs to be proved by a non-EU national. In law n....
Read MoreUPDATED – Registering with married name in Italy
British women who have changed their surnames following their wedding may have issues when dealing with Italian administrative bodies, such as banks, the “Comune” or the “Anagrafe”. An individual in England may change their name at will, without having to undergo any onerous documentary formalities. It is especially the case and tradition in...
Read MoreArticle published in Wanted in Rome
“Future for EU Brits remains unclear” by Charlotte Oliver March issue 2018 A group of British citizens living in Holland recently presented a claim to the Dutch courts arguing that EU citizenship is a right that cannot be taken from them when the UK leaves the EU. Their contention is that: “Once an EU citizen, always an EU citizen” or...
Read MoreBritish nationals applying for Italian citizenship
The largest group of foreign nationals applying for Italian Citizenship in the past year consists of British Citizens. Oliver & Partners has seen a sharp increase in enquiries and is currently assisting with a number of applications. This development of course is in the aftermath of the triggering of Article 50 of the Lisbon Treaty by British Prime...
Read MoreVisa for investors in Italy
Visa for investors in Italy A new immigration category was established in Italy in the 2017 budget legislation which allows for visas and residence permits (for up to 2 years) to be granted to investors. This new law is aimed at non-EU nationals who intend to make a substantial long-term investment in Italy or make a philanthropic financial donation to...
Read MoreMental capacity issues and Italian law
There is currently no framework for the cross-border recognition of court orders affecting the legal capacity of adults. Whereas family court orders (divorce or maintenance for example) are recognised across EU member states, orders for the protection of vulnerable adults are not. For example, a Lasting Power of Attorney (or LPA) registered with the Office...
Read MoreEnforcing a maintenance order in another EU country
CASELAW: We have recently represented a client in the Italian courts, defending an action brought by her former husband to revoke her divorce maintenance order. The divorce took place in the UK courts, but both parties and their children now live in Italy. We not only opposed the husband’s right to revoke the maintenance order at all, we also took...
Read MoreFirst ECJ caselaw on Succession Regulation
The EU Regulation on cross-border inheritance and succession no. 650/2012 came into force in August 2015, so not surprisingly only now its provisions are starting to be interpreted by the European Court of Justice. Lawyers who deal with cross-border estates, such as a succession involving assets in more than one country including an EU member state are keen...
Read MoreItalian divorce law – Supreme Court takes new direction on spousal maintenance
A historic decision of the Corte di Cassazione in May 2017 may be one of the most discussed developments in Italian divorce law for years to come. Although the decision was made by Section I of the Supreme Court (not a joint “sezioni uniti” pronouncement considered to have the most power to bind future courts) it is widely conisdered to be very...
Read MoreNew rules – declaration of succession in Italy
The death of a person in Italy must be registered within 12 months, by the heirs, an Executor or other interested party, by lodging the form known as the “dichiarazione di successione“, probably the equivalent of the application for Probate in the UK. Up to now this form has been presented at the tax office, the Agenzia delle Entrate, in the...
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