Italian Citizenship by Marriage: Requirements, Process and Timeline

A foreign national or stateless person who marries an Italian citizen may acquire Italian citizenship by making a formal application to the Italian administration after a qualifying waiting period. This method of acquiring citizenship — known in Italian law as cittadinanza iure matrimonii — is governed by Articles 5 and 6 of Law No. 91 of 5 February 1992 and its implementing regulations.

Unlike citizenship by descent, which is a declaratory recognition of a right that has always existed, citizenship by marriage is a constitutive act — it creates a new legal status from the date of the formal grant and involves a discretionary assessment by the Italian administration. Understanding the requirements, the process and the potential obstacles is essential before beginning the application. For a comparison of citizenship by marriage and citizenship by descent, see our article on how to acquire Italian citizenship.

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Basic Eligibility: Who Can Apply

Any foreign national or stateless person who is legally married to — or in a civil union with — an Italian citizen may apply for Italian citizenship by marriage, provided the following conditions are met:

• The marriage or civil union must be valid and legally recognised under both Italian law and the law of the country where it was celebrated
• The marital or civil union bond must still be in force at the time of the application and must remain so until the date of the citizenship grant decree
• The required waiting period must have elapsed (see below)
• The applicant must meet the language, criminal record and other requirements set out in Article 6 of Law No. 91 of 1992

It is important to note that citizenship by marriage is equally available whether the Italian citizen spouse was Italian by birth or acquired Italian citizenship through naturalisation. In the latter case, however, the qualifying waiting period runs from the date on which the spouse acquired Italian citizenship — not from the date of the marriage, if the marriage predated that acquisition.

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Waiting Periods: How Long Before You Can Apply

The minimum period that must elapse before an application for citizenship by marriage can be submitted depends on where the applicant resides:

• Applicant residing in Italy: the application can be submitted after at least two years of continuous legal residence in Italy following the date of marriage (or the date on which the Italian spouse acquired Italian citizenship, if later)
• Applicant residing abroad: the application can be submitted after at least three years from the date of marriage (or from the date the Italian spouse acquired citizenship, if later)

Both periods are reduced by half — to one year and eighteen months respectively — if the couple has children who were born to or legally adopted by both spouses.

For the in-Italy route, “continuous legal residence” means holding a valid residence permit and being registered in the resident population register of an Italian municipality throughout the qualifying period. Gaps in registration or periods without a valid permit can restart or interrupt the qualifying period.

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Additional Requirements Under Article 6 of Law No. 91 of 1992

In addition to the waiting period and the subsisting marriage, the applicant must satisfy the following requirements at the time of the application:

Italian Language Requirement

Since the entry into force of Law No. 132 of 2018, applicants must demonstrate knowledge of the Italian language at a minimum level of B1 on the Common European Framework of Reference. This must be demonstrated through a certificate issued by a recognised Italian language school, cultural institution or certifying body. The only persons exempt from this requirement are holders of an EU long-term residence permit, as this permit already requires a language demonstration.

Absence of Disqualifying Criminal Convictions

Under Article 6 of Law No. 91 of 1992, the application will be refused if the applicant has been convicted by a final judgment of any of the following:

• Crimes against the personality or security of the Italian state (Articles 241 to 294 of the Italian Penal Code)
• Any intentional criminal offence for which the minimum statutory sentence is three or more years of imprisonment
• A non-political offence resulting in a custodial sentence of more than one year, imposed by a foreign court and recognised in Italy

The application may also be refused on grounds of national security even in the absence of criminal convictions.

No Separation, Dissolution or Annulment of the Marriage

The marital bond must remain legally in force continuously from the date of application to the date of the citizenship grant decree and the oath of allegiance. The application lapses if, before the oath is taken, the marriage is dissolved by death, divorce, annulment, or legal separation is declared. If the spouses reconcile following a legal separation, the qualifying waiting period restarts from the date of the formal reconciliation declaration.

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A Special Case: Widowhood Before the Oath

Under current Italian law, citizenship by marriage cannot be granted if the Italian citizen spouse dies before the applicant takes the oath of allegiance to the Italian Republic. The oath must be taken within six months of notification of the citizenship grant decree. If the Italian spouse dies in the period between the grant decree and the oath, the procedure lapses and citizenship is not acquired. This is an important practical consideration for older applicants or those where the Italian citizen spouse has health concerns.

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Required Documents for the Application

The application for Italian citizenship by marriage must be submitted electronically through the online portal of the Italian Ministry of the Interior. Applicants residing in Italy must access the portal using SPID (Italy’s digital identity system). Applicants residing abroad can register on the portal without SPID.

The following documents are required for the application:

• Valid identity document: passport, EU long-term residence permit or Italian identity card
• Italian tax identification number (codice fiscale)
• Birth certificate of the applicant — in full form, translated into Italian and apostilled or legalised in accordance with the conventions applicable in the country of origin. If the applicant changed surnames upon marriage, both the pre-marriage and post-marriage names must be specified, or the marriage certificate must be attached
• Criminal record certificate issued by the competent authority in the applicant’s country of origin — and any other country of previous stable residence — translated and apostilled or legalised. This certificate has a validity of six months
• Italian language certificate — demonstrating B1 level or above
• Certificate of exact personal details — required where there are discrepancies in names, dates or other personal data across the documents. This is issued by the diplomatic or consular representation of the applicant’s country of origin and confirms that all the data in the various documents refer to the same person
• Payment receipt for the mandatory administrative contribution of €250 paid to the Italian Ministry of the Interior on current account No. 809020, with the reason: “Citizenship — contribution pursuant to Art. 14 of Legislative Decree No. 113 of 4 October 2018”
• Revenue stamp of €16

All documents must have consistent personal details — surname, name, place and date of birth — across the entire file. Any discrepancies must be resolved before submission.

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Transcription of a Marriage Celebrated Abroad

Where the marriage was celebrated outside Italy, it must be transcribed in the Italian civil registry before or in connection with the citizenship application. Transcription must be carried out at the Italian consulate, with the confirmation of both spouses. The Italian citizen spouse must be registered with the AIRE (Registry of Italians Residing Abroad) for the transcription to be processed through the consular channel.

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Timeline: How Long Does the Process Take

Under Decree Law No. 130 of 2020, converted into Law No. 173 of 2020, the Italian Ministry of the Interior must issue a decision on applications for citizenship by marriage within 24 months of submission, with a possible extension to a maximum of 36 months where there are proven objective reasons requiring additional time. This deadline applies to all applications submitted after 20 December 2020.

The 24-month statutory deadline represents a significant improvement over the previous framework, which applied a 48-month period to pre-2020 applications. Applications submitted before 20 December 2020 are still subject to the longer four-year period.

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Grounds for Refusal and Available Remedies

The Italian Ministry of the Interior may refuse an application for citizenship by marriage on the following grounds:

• Disqualifying criminal convictions or ongoing criminal proceedings for serious offences
• Suspicion of a fictitious marriage contracted for the purpose of obtaining citizenship without genuine conjugal intent
• Failure to meet the Italian language requirement
• Failure to meet the residence requirements
• Legal separation, divorce or dissolution of the marriage or civil union
• Death of the Italian citizen spouse before the oath of allegiance
• Grounds of national security

Pre-Notice of Rejection

Before issuing a formal refusal, the Ministry sends a pre-notice of rejection (preavviso di rigetto) to the applicant. From the date of receipt of this notice, the applicant has only ten days to submit written observations and arguments in response. If no response is submitted within this period, the application will be automatically refused. This is a very short deadline and requires prompt action — legal assistance at this stage is strongly advisable.

Appeal Against a Final Refusal

If a final refusal is issued, the applicant has 60 days from receipt of the refusal to appeal to the Italian Regional Administrative Tribunal (Tribunale Amministrativo Regionale — TAR) with the assistance of an Italian lawyer. The TAR reviews the legality of the administrative decision and can annul the refusal if it is found to be unlawful or disproportionate.

Refund of the €250 Contribution

If the application is refused, the applicant can request a refund of the €250 administrative contribution within one year of the date of payment. The refund request must be submitted using the form available on the relevant Prefecture’s website, indicating the IBAN for the refund and attaching a copy of a valid identity document.

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Transferring the Application After Moving Abroad

An applicant who has submitted a citizenship application while resident in Italy can transfer their residence abroad during the procedure. To do so, the applicant must:

• Request cancellation of their Italian residency registration for emigration abroad at the municipality of residence
• Notify the Prefecture’s citizenship office in writing — by registered mail with return receipt or by certified electronic mail — of the cancellation of registration and request the transfer of the application to the territorially competent Italian consulate in the new country of residence

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Frequently Asked Questions

Does citizenship by marriage apply to civil unions as well as marriages?

Yes. Under Italian law, civil unions between persons of the same sex are treated in the same way as marriages for the purposes of citizenship acquisition. The same waiting periods, requirements and procedures apply.

Can I apply for citizenship if my spouse became Italian through naturalisation rather than by birth?

Yes. The nationality acquisition method of the Italian citizen spouse is irrelevant to the applicant’s eligibility. However, the qualifying waiting period runs from the date the spouse acquired Italian citizenship — not from the date of the marriage, if the marriage predated that acquisition.

What happens if the Italian citizen spouse dies after the citizenship grant decree is issued but before I take the oath?

Under current Italian law, the citizenship grant lapses. The oath of allegiance must be taken within six months of notification of the decree, and if the Italian citizen spouse is not alive until the date of the oath, the procedure cannot be completed. This is an unfortunate aspect of Italian citizenship by marriage law that has not yet been legislatively addressed.

If I am separated from my Italian spouse, can I still apply for citizenship?

No. Legal separation — whether consensual or judicial — is a bar to the citizenship application. The marital bond must be fully in force, without separation, dissolution or annulment, from the date of application to the date of the grant decree and the oath. If the spouses subsequently reconcile, the waiting periods restart from the date of the formal reconciliation declaration.

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Request an Initial Legal Assessment

If you are married to an Italian citizen and wish to understand whether you meet the requirements for Italian citizenship by marriage, or if you have received a pre-notice of rejection and need to respond within the ten-day deadline, contact our Italian citizenship lawyer to request an initial legal assessment.