Ways to Acquire Italian Citizenship
The acquisition of Italian citizenship is among the topics that generate the most interest, as it grants individuals a legal status enabling them to exercise fundamental civil and political rights within the Italian state.
If you are seeking information on obtaining Italian citizenship, you are in the right place.
In this article, we will provide you with an introductory guide on the subject, outlining the various types of citizenship existing in the Italian legal system.
What is Italian citizenship?
Italian citizenship is a legal bond that arises between an individual and the Italian state. Only through it does the Italian legal system recognize the full enjoyment of civil and political rights. Some of these rights include the ability to enter and reside in the state, access public employment through competitive exams, and the recognition of significant rights for the family members of Italian citizens.
The matter is regulated by Law No. 91 of 1992.
When is Italian citizenship a right, and when is it a concession?
The answer varies depending on the method of acquiring citizenship.
It is a subjective right in cases of citizenship acquired through blood ties (for children or descendants of Italian citizens) and citizenship through marriage (provided certain requirements, which we will analyze in the following paragraphs, are met).
It is, however, a concession from the Italian state if citizenship is acquired through residence. As stated in an opinion of the Council of State No. 2487 of 30/11/1992, in this case, it involves a discretionary choice by the administration, which, in addition to the application submitted, must assess whether it is in the interest of the Italian state to admit the individual into its community. In fact, it is necessary to ascertain whether the applicant has positively integrated into society.
It is important to note that there are two main categories: automatic acquisition of Italian citizenship and its express request. Let’s see what they entail.
In which cases is Italian citizenship acquired automatically?
The cases are as follows:
- Citizenship by birth to an Italian parent (“ius sanguinis”), i.e., through direct descent from at least one parent who holds Italian citizenship (Article 1 of Law No. 91 of 1992).
- Citizenship by birth on Italian territory to unknown or stateless parents or foreigners whose home country does not provide for the transmission of parental citizenship to a child born abroad. Another case is when the child of unknown parents is born and found in the territory of the Italian state, provided that no other citizenship is proven.
- Citizenship by adoption in the case of a foreign minor adopted by an Italian citizen (acquisition of citizenship by law).
- Citizenship by recognition or judicial declaration of parentage in the case of an Italian citizen who recognizes, after birth, a minor child; if the child is of legal age, they can retain their own citizenship but may choose Italian citizenship (within one year from recognition, judicial declaration, or the effectiveness of the foreign decision).
- Citizenship by acquisition or reacquisition by parents: in the case where the minor child of the person acquiring or regaining Italian citizenship can directly acquire citizenship (provided there is stable and effective cohabitation with the parent).
In which cases can Italian citizenship be requested?
Italian citizenship can be requested in these cases:
- By voluntary acquisition. A foreigner/stateless person born anywhere, who has a father or mother (or ascendant in a direct line up to the second degree) who are Italian citizens by birth, can acquire Italian citizenship through a prior declaration if the following requirements are alternatively met: completion of military service in the armed forces, employment in a public office under the State (even abroad), legal residence in Italy for two years (completed at 18 years of age and within one year of reaching that age).
- By birth on Italian territory to foreign parents: the request for citizenship can only be made after reaching the age of 18, provided there has been legal and uninterrupted residence in Italy.
- By marriage or civil union.
- By residence (so-called “naturalization”).
In the following paragraphs, we will describe in detail each acquisition method to understand how to best make Italian citizenship requests.
Italian Citizenship by “Iure Sanguinis” (Right of Blood)
We have described how “ius sanguinis” is the most immediate criterion for becoming an Italian citizen, as a person born to Italian parents is automatically Italian. In Italy (but this should also apply abroad), it is sufficient to assert one’s filiation status to automatically receive citizenship.
However, it may happen that this automaticity does not apply, perhaps due to emigration and the relocation of parents abroad. For example, expatriate parents may settle in a new country and have children on the new territory. By necessity, that filiation will be subject to the laws of the new state. If the new state follows the criterion of “ius soli” (meaning anyone born on its territory is considered a citizen), the child born there will automatically be declared a citizen of that different country (and not immediately Italian).
What should be done in this case to acquire Italian citizenship by “Iure Sanguinis”?
The parent must go to the Italian embassy or the relevant consulate in the foreign country and declare themselves as a parent. Alternatively, they can go there presenting the birth certificate.
(Read this article if you are interested in knowing how to request a birth certificate in Italy)
A legal professional can help carry out these procedures, reconstructing relevant documents, preparing requests for public administration, or taking legal action.
What documents are needed to obtain Italian citizenship by birth (“Iure Sanguinis”)?
For the submission of the application for Italian citizenship by birth, the following documents are required:
- A birth certificate
- A marriage certificate
- A death certificate if applicable
These documents must be drawn up for each member of the family tree, starting from the Italian ancestor to the person applying for citizenship; then they need to be legalized.
Read here to delve into the recognition of Italian citizenship by descent.
Italian Citizenship by Marriage
Another criterion is that of “ius connubi,” the acquisition of Italian citizenship by a foreigner/stateless person following marriage to an Italian citizen. An application must be submitted to the Italian Public Administration (on the Ministry of the Interior website, via access with SPID) after a certain period has elapsed with the Italian spouse. Preliminary conditions include not being legally separated or divorced and not representing a danger to the security of the state.
The requirements to be met are dictated by articles 5 and 6 of Law No. 91 of 1992.
For residents in Italy:
The foreigner must have resided in Italy for at least two years after the date of marriage. In this case, the application must be submitted to the Prefecture of the place of residence (you can consult this link).
For residents abroad:
At least three years must pass after the date of marriage. In this case, the application must be submitted to the Consulate or Italian Embassy in the foreign country of residence.
Both terms are reduced by half (12 and 18 months, respectively) if the spouses have children born or adopted.
Other requirements include:
- No sentence of dissolution, annulment, or cessation of civil effects of marriage or civil union
- Knowledge of the Italian language
- No criminal convictions or judgments of social dangerousness
Finally, for this type of application, there is no need for proof of income or verification of the “degree of integration.”
What documents are needed to submit the application for Italian citizenship by marriage?
It is important to have the following documentation:
- A stamp duty of 16 Euros A birth certificate (translated and legalized)
- A criminal record certificate (translated and legalized)
- A photocopy of a valid passport / identity card
- A photocopy of the residence permit
- A full marriage certificate
- A self-certification of the family status
- A certificate regarding the knowledge of the Italian language (level not lower than B1, issued by a public school or equivalent or by a certifying body); this is not required for those who have applied for a long-term EU residence permit and are holders of it.
- A copy of the payment of the € 250.00 contribution (on account no. 809020 made out to: Ministry of the Interior D.L.C.I. citizenship – with the wording: citizenship – contribution pursuant to art. 1 co. 12, law of 15 July 2009 no. 94)
Italian Citizenship by Residence (Naturalization)
With this method (so-called “ius domicili”), individuals become Italian citizens by submitting an application to the Italian Public Administration (on the Ministry of the Interior website via SPID) after a certain period of residence in Italy. The time varies depending on whether individuals are EU citizens (4 years) or non-EU citizens (10 years). For stateless or political refugees, the term is 5 years.
What documents are needed to apply for Italian citizenship by residence?
You need to have the following documentation:
- A stamp duty of 16 Euros A birth certificate (translated and legalized)
- A criminal record certificate (translated and legalized)
- A photocopy of the passport or identity card
- A photocopy of the residence permit
- A history of residence Certifications regarding the family status at the time of the request Personal income and that of the cohabiting family member
- A certificate of knowledge of the Italian language (level not lower than B1, issued by a public school or equivalent or by a certifying body); this is not required for those with a long-term EU residence permit or those who have signed an integration agreement.
- A copy of the payment of the € 250.00 contribution (on account no. 809020 made out to: Ministry of the Interior D.L.C.I. citizenship – with the wording: citizenship – contribution pursuant to art. 1 co. 12, law of 15 July 2009 no. 94)
Italian Citizenship by “Ius Soli” (for adults)
This method of acquiring citizenship (a marginal scenario in Italy) is useful for foreigners born in Italy to foreign parents who reside legally and uninterruptedly in Italy. An individual needs to submit a specific application to the Italian Public Administration in the year of reaching the age of majority (18 years).
How to apply for Italian citizenship by “Ius Soli”?
The simple application described earlier must be submitted to the Municipality of Residence, stating the intention to become an Italian citizen.
According to article 33 of Law No. 98 of 2013, the Municipality must inform foreign citizens, in the six months preceding their 18th birthday, that they have the opportunity to apply for Italian citizenship; otherwise, the request can also be made after turning 19. Moreover, according to the same law, when continuous legal residence in Italian territory is demonstrated, any documentation can be provided, with any shortcomings due to the parents (for example, late or never registered entries in the registry offices) or public administration offices being irrelevant.
For this application, there is also a fee of € 250 to be paid to the Ministry of the Interior.
It is important to note that there are also residual cases to acquire Italian citizenship that combine different and combined criteria (for example, in article 4, paragraph 2 of Law No. 91 of 1992).
What are the timelines for obtaining Italian citizenship?
After submitting the application to obtain Italian citizenship by residence or marriage, the Italian state decides within two years. In fact, from December 20, 2020, for applications submitted after that date, there is no need to wait for 4 years (according to the Immigration Decree of December 18, 2020). There may be an extension (making the wait a total of 3 years) if there are proven objective reasons.
How can the application for Italian citizenship be expedited?
You can do this by relying on one of our lawyers specialized in Italian citizenship who, depending on the application stage, will help you, through a reminder, to solve problems both if there are missing documents and if there are negative opinions from competent authorities.
In which cases can Italian citizenship be lost?
Aside from automatic loss and renunciation, Italian citizenship can be revoked by the Italian citizen. Let’s delve into this last case that concerns us.
Loss by Revocation
This case is provided for by Article 10 bis of Law No. 91 of 1992 and states that Italian citizenship acquired after birth (in cases provided for by Articles 4, paragraph 2, 5, and 9) is revoked if there is a final conviction for the following crimes:
- Crimes committed for the purpose of terrorism and subversion of the constitutional order (with a sentence of imprisonment equal to or greater than five years up to ten, provided for in Articles 270, 270 bis, and 306 of the Italian Penal Code)
- Crimes of assistance to members of terrorist organizations (provided for in Article 270 ter of the Penal Code)
- Crimes of misappropriation of property or money subject to seizure (provided for in Article 270 quinquies 2 of the Penal Code)
When can the application for Italian citizenship be rejected?
The request for Italian citizenship can be rejected fundamentally in three cases.
In all three, the foreigner receives a letter of refusal (a so-called pre-warning of rejection). From this moment, to save their application, they have ten days to submit a memorandum prepared by a lawyer.
The cases of refusal of Italian citizenship are due to:
- Existence of criminal records (if there are one or more convictions), even for minor offenses
- Discontinuity of residence, as there must be an uninterrupted registration residence of ten years or more. Although, in some cases, this timeframe is different (for stateless or refugees 5 years, for EU citizens 4 years, for foreigners born in Italy with a father/mother/one of the ancestors in a direct line of the second degree being Italian citizens by birth who have lost or renounced citizenship, 3 years, for the foreigner of legal age adopted by an Italian citizen 5 years). The Prefecture is responsible for sending the letter of refusal
- Insufficient income, not suitable for supporting even the family, if present
Conclusions
Given the complexity of the subject of Italian citizenship, you can turn to one of our lawyers specializing in Italian citizenship for an analysis of your situation and a verification of the required requirements.
