Italian Citizenship by Marriage: Guide 2024
Do you need to obtain Italian citizenship through marriage? You’re in the right place. In this guide, we will explain how to proceed.
Before starting, we remind you that you can consult this other article on our blog, an introduction to Italian citizenship in general, where the other methods of acquiring citizenship are also illustrated (by birth, by benefit of law, by naturalization, etc.).
What are the conditions for obtaining citizenship by marriage?
Under Article 5 of Law No. 91 of 1992, Italian citizenship by marriage (“iure matrimonii”) can be acquired when a foreign citizen or stateless person marries an Italian citizen.
The necessary conditions to follow include:
- Residence of the foreign citizen in Italy for at least two years (after marriage);
- In case of residence abroad, at least three years after marriage.
The years indicated are halved in the presence of children born or adopted by the two spouses.
Note that, if a spouse has obtained Italian citizenship by naturalization, the indicated terms run from the date of acquisition of this type of citizenship, not from the marriage.
What are the requirements for obtaining citizenship by marriage?
- Marriage or civil union with an Italian citizen for at least two years
- Residence in Italy (for 2 years) or residence abroad (for 3 years) after the date of marriage: this means having continuous legal residence (possession of a regular residence permit plus registration in the municipal registry) in an Italian municipality for at least two years after the marriage. If there is residence abroad, the citizenship application must be submitted after three years (18 months in the presence of children) from the marriage at the competent diplomatic authority; if, still after the three years of marriage lived abroad, the spouses decide to transfer their residence to Italy without the foreign spouse having already applied for citizenship, it must be submitted to the competent Prefecture (be careful to comply with the residence regulations and have registration in the municipal registry).
- Knowledge of the Italian language (level B1) to be demonstrated. According to the regulations, only the holder of an unlimited residence permit in the European Union is exempted from demonstrating knowledge of the Italian language. The family member of an Italian citizen, holding a residence card as a family member of a European Union citizen, must demonstrate (as any foreign citizen does) the requirement of knowledge of the Italian language for citizenship at a level not lower than B1. This B1 test of knowledge of the Italian language is valid for those who have applied for citizenship after the introduction of the new Law No. 132 of 2018 (Article 9.1 of Law No. 91 of 1992)
- Absence of criminal convictions and social danger: under Article 6 of Law No. 91 of 1992, the applicant must not have been convicted, by a final judgment, for the following serious crimes: one of the crimes provided for in the Italian Penal Code in the second book, for example, crimes against the personality of the State (articles 241 to 294 of the Penal Code), crimes against the international personality of the State (articles 241 to 275 of the Penal Code), crimes against the internal personality of the State (articles 276 to 293 of the Penal Code), crimes against the political rights of citizens (article 294 of the Penal Code); an intentional crime (therefore not accidental) for which a base penalty of not less than three years of imprisonment is provided; a non-political crime with a custodial sentence of more than one year (established by a foreign judicial authority), if the sentence has been recognized in Italy at the request of the public prosecutor of the district where the office of the civil status where the marriage is registered or transcribed is located; proven reasons concerning the security of the Italian Republic.
What happens in case of separation or divorce?
In general, the marital bond or civil union must last until the date of the oath. Now let’s analyze the different cases in which the marital bond can be dissolved and therefore compromise the application for citizenship by marriage.
- Dissolution of the marriage: occurs as a consequence of the death of one of the spouses or by a divorce decree.
- Annulment of marriage: can be ordered by a sentence by the competent Court, if certain defects of the constitutive act of the marital bond occur.
- Legal separation: can be both consensual and judicial and results from a decision of the judge.
Well, if after the adoption of the decree granting citizenship, the Civil Status Officer or the diplomatic-consular authority, become aware of one of the above-mentioned impeding causes (for not yet having been annotated and transcribed in the marriage certificate), they must necessarily report it to the Italian Ministry of the Interior – Central Directorate Department; consequently, there will be the revocation of the provision of the grant of Italian citizenship.
What happens in case of reconciliation of the spouses?
It is possible that there is an express reconciliation of the spouses (according to Article 157 of the Italian Civil Code), following the separation between the foreign applicant and the Italian spouse; in this case, the procedure for obtaining Italian citizenship by marriage (if already in progress) may continue.
Attention to the accrual of terms. The calculation of the time period necessary for the maturation of the legal requirements (the years indicated in the previous paragraphs), must run not from the marriage, but from the date of declaration of reconciliation (which will have been annotated in the margin of the marriage certificate). Therefore, the terms will run again and in full.
If you become a widow, can you apply for Italian citizenship by marriage?
Under current legislation, no, it is not possible and there is no right to acquire Italian citizenship by marriage if you become a widow before the oath. Let’s see why. Article 149 of the Italian Civil Code provides that marriage is dissolved upon the death of one of the spouses and in other cases provided for by law (for example, presumed death). Now, the decree granting citizenship cannot take effect if the citizenship applicant does not take an oath of allegiance to the Republic and to observe the Constitution and the laws of the State (to be made within 6 months of the notification of the citizenship decree). If the Italian citizen spouse is not alive until the date of the oath, the procedure is flawed.
How is the citizenship application for marriage submitted?
Since May 2015, the citizenship application must be sent electronically through the online portal provided by the Italian Ministry of the Interior (visit this link). This is the only way to proceed.
To access the portal, applicants for citizenship residing in Italy must proceed with SPID (this is a new access system that uses a unique digital identity). If the citizen wants to consult the citizenship application previously sent using the old credentials (without SPID), they can do so at the first access with SPID, by making the association with the “Associate Practice” function provided on the indicated site.
For citizenship applicants residing abroad, access is possible without SPID, but after registration on the ministry website.
What documents are required for Italian citizenship by marriage?
For the correct submission of the citizenship application for marriage, it is necessary to have these documents:
- Identification document (passport, EU Long-Term Residence Permit, identity card)
- Tax code
- Birth certificate (if the woman, following marriage, has acquired the surname of the spouse, both the maiden name and the married name must be indicated, otherwise, it is necessary to attach the marriage certificate as well – click here to learn more): must be translated and legalized by the Diplomatic or Consular Representation of the State of origin (or apostilled if the State has adhered to the Hague Convention of 1961, or replaced by the multilingual extract if the State has adhered to the Vienna Convention 1976). This type of certificate, by its nature, does not expire.
- Criminal record certificate issued by the competent authority of the State of origin (also of any other third States of residence), translated and legalized by the Diplomatic or Consular Representation of the State of origin or of stable residence (or apostilled or replaced by the multilingual extract. This certificate has a validity of six months.
- Certification attesting knowledge of the Italian language (not lower than level B1).
- Certificate of exact generalities in case of documentary discrepancies: issued by the Diplomatic/Consular Representation of the State of belonging to certify that the data in the documents all refer to the same subject (with exact indication of surname, name, place and date of birth)
- Receipt of payment of the mandatory contribution of 250 euros on C/C n. 809020 made out to: MINISTERO INTERNO D.L.C.I. – CITTADINANZA with the reason: “Citizenship – contribution as per art.14 of the D.L. 4 October 2018, n.113”
- A 16 euro revenue stamp
Be sure to verify, before submitting the application, that the personal details and data (surname, name, place and date of birth) contained in the foreign certificates are the same among themselves and find perfect correspondence with those resulting from the passport and Italian documents (identity card, residence permit or residence attestation).
Is it possible to obtain Italian citizenship by marriage if you are foreign spouses of naturalized Italian citizens?
Yes, it is possible. The spouse of an Italian citizen, in fact, always has the right to obtain Italian citizenship, regardless of whether the Italian citizen spouse acquired citizenship by naturalization or from birth.
When can you apply for citizenship through marriage?
The spouse of an Italian citizen, if residing in Italy together with their spouse, can apply for citizenship two years after the date on which the Italian citizen acquired Italian citizenship; the condition is that they must have been married civilly beforehand. Otherwise, the two years will run from the date of marriage.
If, however, the Italian citizen and their spouse (or just one of the two) are residing abroad, they must wait three years, starting from the date of naturalization of the Italian citizen; a preliminary condition is always that they must have been married civilly before naturalization, otherwise the three years will run from the date of marriage.
If there are children, born or adopted by the couple, the previously specified terms are reduced by half.
What are the requirements for applying for citizenship through marriage from abroad?
First of all, it should be said that, according to Article 5 of Law No. 91 of 1992, citizenship through marriage at the Consulate can be requested by any foreign citizen or stateless person who has married an Italian citizen (it is indifferent whether the marriage took place in Italy or abroad).
A necessary condition is that the marriage is valid and effective both at the time citizenship is requested and at the time it is obtained: this means that there must not be any personal separation of the spouses, dissolution, annulment, or cessation of the civil effects of the marriage until the date of adoption of the citizenship grant decree.
How do you submit a citizenship application from abroad?
To apply for Italian citizenship by marriage/civil union from abroad, you must access the website of the Italian Ministry of the Interior.
There is no need to have an SPID; you just need to register on the ministry’s website and fill out the form.
How is the marriage transcribed in Italy to obtain Italian citizenship?
It is important to say that it is necessary to proceed with the transcription of the marriage in Italy even if it was celebrated abroad. Registration must be carried out at the Consulate, with confirmation from both spouses. The Italian spouse, moreover, must be regularly registered in the Registry of Italians Residing Abroad (AIRE).
Can you transfer your residence after submitting a citizenship application through marriage?
Yes, the foreign spouse of an Italian citizen who has submitted a citizenship application in Italy can transfer their residence to a foreign country by:
- requesting cancellation for emigration abroad (to be done at the Municipality of residence)
- sending a registered letter with return receipt to the Citizenship Office of the Prefecture or a pec to communicate that they have already requested the cancellation of the registry for transfer abroad and to request the transfer of the application to the territorially competent Consulate.
What are the timelines for obtaining citizenship through marriage?
The new deadline set by Decree Law No. 130 of 2020 (converted into Law No. 173 of 2020) is 24 months (with a possible extension up to a maximum of 36 months); this applies to citizenship applications through marriage submitted after December 20, 2020 (the date on which the conversion law came into force).
Therefore, the Italian Ministry must decide on the granting or not of Italian citizenship through marriage within 2 years (or maximum 3 years).
Compared to citizenship by residency, there is no longer any difference today. Both applications have a waiting period of 2 years; only citizenship applications through marriage submitted before December 20, 2020, still have a longer maximum term (of 4 years).
What are the cases for the rejection of Italian citizenship through marriage?
The cases of refusal of citizenship through marriage can be the following:
- presence of criminal convictions or ongoing criminal proceedings;
- fictitious marriage;
- lack of the requirement of knowledge of the Italian language;
- absence of residency requirements;
- separation or divorce between the spouses;
- death of the Italian spouse;
What to do in these cases?
It will be necessary to assess whether there are grounds for an appeal to the Italian Regional Administrative Tribunal (TAR), which can be handled by a specialized lawyer.
If you receive a pre-notice of rejection of citizenship through marriage, you have only 10 days to respond, otherwise, the application will be automatically rejected.
If you receive a final rejection of the application for marriage, you have 60 days to file an appeal with the TAR with the assistance of a Lawyer.
Remember that, with the new legislation, applications for Italian citizenship sent by traditional mail or deposited are no longer accepted. The application and related documentation must be sent exclusively in electronic format, via access and registration on the web portal of the Italian Ministry of the Interior (as specified in the previous paragraphs).
If the application is refused, is it possible to request a refund of the paid contribution of 250 euros?
Yes, it is possible to request, within a year from the date of payment, a refund of the payment of the required contribution of 250 euros. You must use a form available on the Prefecture’s website – citizenship area and fill it out in all its parts, indicating the reason for the refund request, the IBAN code, and attaching a copy of an identity document.
Conclusions
If you need to request Italian citizenship through marriage quickly, you can turn to our attorney specializing in Italian citizenship. We will help you gather all the necessary, updated, complete, translated, and legalized documentation and appropriately follow the progress of your case, so as to intervene promptly in case of problems.
