Saturday, 31 July 2010

A bit of good news

In August 2008, we found out that if we can prove that my mom is still a citizen, then I'd be a citizen. We sent the documents, but due to personal issues on both sides (myself and my lawyer) we decided to put the project on hold in August 2009. We started up again earlier this year after I got my Romanian birth cert!

The Chicago consulate doesn't recognise her citizenship on the basis that her passport has long expired, she doesn't speak Romanian, and she hasn't lived there since she left. Fortunately, the UNHCR and the Romanian Consitution disagree with the Chicago consulate.

Giving Up Romanian Citizenship
According to Romanian law, my mother can't have had her Romanian citizenship revoked, because it was required by birth.

This is from EICEE.

(1) Romanian citizenship can be acquired, retained or lost as provided for by the organic law.
(2) Romanian citizenship cannot be withdrawn if acquired by birth.

This is from UNHCR:
Article 5 (section 2) of the Constitution of Romania that was adopted by the Romanian Parliament on 21 November 1991 indicates that Romanian nationality acquired by birth cannot be taken away from anyone (Monitorul Oficial 21 Nov. 1991). The UNHCR also has an English copy of Romanian citizenship laws.

Next Steps
Therefore if either my grandfather, grandmother, or my mother is still registered as a Romanian according to the Ministry of Internal Affairs, then I would be Romanian and could get the passport. I doubt that my grandmother would be listed as a citizen, since she was naturalised and therefore her citizenship was easier to revoke. We're hoping that my mom is still a citizen, since my grandfather passed away and my mom is closer to me by ancestry.

if can prove that my mom is still a citizen and hasn't renounced her citizenship or had it revoked, then I'd be a citizen. We're 100% sure that she never renounced it since she couldn't talk when she left Romania. Now we just have to prove that Romania never revoked her of her citizenship, which incidentally, is no illegal according to UNHCR and the Romanian Constitution.

I should find out by September. That's about two months. Though I'm not holding my breath since things seem to take a long time to get done in Romania.

Be sure to read about what has happened so far. You can find everything in the quick summary of dates.


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