An overview of the main pathways and the rules to become an Italian citizen in 2022
Do you have Italian ancestry and have always dreamed of living in Italy as a true Italian citizen? Have you ever imagined traveling to Italy without any time limitations? This article will address the one question that you are probably asking yourself now: how can I become an Italian citizen? We will answer this question by outlining the three main paths to acquiring Italian citizenship and the eligibility requirements needed for each; we will also touch upon the laws and regulations regarding citizenship and the few changes we will see in 2022. So, if your goal for the coming year is to become an Italian citizen, how can you achieve that?
PATH 1: HOW TO OBTAIN ITALIAN CITIZENSHIP JURE SANGUINIS (BY DESCENT)
Applying for Italian citizenship Jure Sanguinis means claiming citizenship “by right of blood”. The rule regulating the acquisition of Italian citizenship by right of blood has been one of the pillars of the Italian legal system for hundreds of years and it allows for the transmission of citizenship from a parent to a child. This principle establishes that Italian citizenship is acquired at birth on the condition that the individual’s parent is an Italian citizen. The principle of Jure Sanguinis was included in the 1865 Civil Code of the former Kingdom of Italy and was later turned into law 555/1912 (which was then updated by law 91/1992). Based on the above principle and laws, all individuals of Italian descent who apply for Italian citizenship are in fact applying for the recognition of their citizenship status at birth.
In practical terms, you can apply for the recognition of your Italian citizenship jure sanguinis (“by right of blood”) if one of your family members in your direct line of descent was born in Italy or was an Italian citizen (this means that his/her birth certificate was registered in Italy).There are no generational limits to be able to apply. However, in order to apply for citizenship by descent there are a number of eligibility requirements that you need to meet.
If you are wondering whether speaking Italian is a requirement to apply, the answer is NO. In fact, from the Italian government’s perspective you are an Italian citizen by birth right and you are only formally applying for the recognition of your citizenship status.
In order to apply for citizenship by descent you need to retrieve certified copies of your family’s vital records, i.e. birth, marriage, death and divorce certificates (if applicable) and your ancestor’s naturalization records or proof that your ancestor was never naturalized. These documents will need to be apostilled and translated into Italian. Finally, you will need to submit them to the Italian municipality to which you are applying, or to the Italian consulate that covers the jurisdiction where you reside. You will find more information about the main differences between these two application processes in one of our previous articles.When your citizenship application is approved, you can apply for an Italian passport.
Please note that if there is a woman in your Italian lineage who gave birth to her child prior to January 1st, 1948, you may not be able to apply for citizenship via an Italian consulate or municipality but you might be able to file a 1948 case and apply via the court system instead. This is because on January 1st, 1948 Italy’s constitution came into effect; this granted men and women equal rights and therefore, women were able to pass their citizenship onto their children. Prior to that date, in fact, women were not able to pass on their citizenship, which is now considered to be unlawful and discriminatory against women and this is why it is possible to apply for Italian citizenship retroactively by filing a lawsuit in Italy. It is advisable to pursue this option only if you do not have an alternative lineage that allows you to present your case through an Italian consulate or municipality.
You do not need to be present during the process because an attorney will represent you during the trial. When the court grants you citizenship you will be able to apply for an Italian passport through your local Italian consulate.
A brief insight into the REFORM that will affect citizenship court cases in 2022
The Italian Government approved a reform on November 26, 2021 which was published on the official journal of record of the Italian government on December 9 ,2021. The law aims to cut processing times for civil lawsuits, including 1948 cases. In particular, the new measures allow for all cases filed after June 2022 to be presented in the regional county seats in the region where the Italian ancestor was born. One of the reasons behind the reform is to increase the efficiency of the state’s judicial system. This will be done by lightening the workload of the Court of Rome, where all 1948 cases have been filed to present, thereby reducing the overall processing time for lawsuits by 40%. We will discuss the law in more detail in our next article.
PATH 2: HOW TO OBTAIN ITALIAN CITIZENSHIP JURE MATRIMONII (BY MARRIAGE)
The procedure to apply for Italian citizenship by marriage is slightly different compared to applying for citizenship by descent. Under the current rules, if the couple reside in Italy, the non-Italian spouse can apply for Italian citizenship after 2 years from the date of marriage or civil union. On the other hand, if the couple reside abroad, the non-Italian spouse can apply for Italian citizenship after 3 years from the date of marriage or civil union. In both cases the number of years is halved if the couple have minor children.
Please bear in mind that the spouse of an individual of Italian descent is eligible to apply for citizenship by marriage provided that the Italian spouse has been recognized as an Italian citizen and that 2 or 3 years have passed since the date of marriage or civil union (as previously explained the number of years depends on where the applicant resides).
These rules also apply to same-sex civil unions, which were recognized officially by law in Italy in 2016.
The non-Italian spouse must pass a B1 language test. This requirement applies to all requests submitted after December 4, 2018. The applicant will also need to provide a certificate of no criminal records issued by all of the states in which he/she has resided since the age of 14.
For the complete list of the documents required to apply CLICK HERE.
PATH 3: HOW TO OBTAIN ITALIAN CITIZENSHIP BY RESIDENCY/NATURALIZATION
Lastly, if you do not have Italian heritage or you do not qualify for Italian citizenship by descent, you can apply for Italian citizenship by residency/naturalization. In particular, if you are a non-EU citizen, you can apply for citizenship by residency only if you have legally resided in the country for 10 years. In order to be considered a legal resident of Italy you need to have been listed as a resident in a town’s registry office (“anagrafe”) without any interruption. If you are an EU citizen you can apply for citizenship by residency if you have resided in Italy for 4 years. Nevertheless, there are other cases for which the period of residency required is lower, such as for foreigners whose parent or grandparent were Italians by birth. In this case the time required is 3 years of legal residency.
You also need to have certified knowledge of Italian and as with applying for Italian citizenship by marriage, B1 level is required (the requirement applies to requests submitted after December 4, 2018). Finally, you need to provide evidence that your yearly income has not been lower than € 8.263,31 for the past 3 years. If you are married and your spouse depends on you financially, your yearly income must not have been lower than €11.362,05, and an additional € 516, 46 is required for every dependent child. If you do not have a yearly income or if your yearly income does not meet the minimum required by law, you can indicate that of someone else, provided that they are part of the same household.
For the complete list of the documents required to apply CLICK HERE.
ENJOY THE BENEFITS OF YOUR ITALIAN CITIZENSHIP: APPLY FOR AN ITALIAN PASSPORT.
There are several advantages to holding an Italian passport. As an Italian citizen and EU citizen you can travel, study or work anywhere in the European Union. In other words, you do not need a visa to travel to any of the EU member states, and you can reside in Italy as well as in another EU member state without any time limitation. Furthermore, foreign spouses of Italian citizens can apply for a residency permit in Italy, as well as in another EU member state in order for the couple to be together without any restrictions. Italian citizens can also benefit from high quality, low cost universal health care. Finally, Italy’s education system is another important asset. In fact, university fees in Italy are very affordable and many Italian universities have an excellent reputation and rank high on an international scale.
THE TOP 5 FREQUENTLY ASKED QUESTIONS ABOUT ITALIAN CITIZENSHIP
Q1. Will obtaining Italian citizenship affect my U.S. citizenship?
No. Both Italy and the U.S. allow for dual citizenship.
Q2. How long does it take to be granted Italian citizenship?
The processing time to be granted Italian citizenship varies depending on the path to citizenship that is being pursued. Italian consulates have 2 years by law to process an application, however it could take less (from 6 to 12 months approximately). On the other hand, municipalities tend to process applications more quickly compared to consulates. Finally, if you apply via a 1948 case, you will be granted Italian citizenship on the same day on which the hearing is held. However, it is important to bear in mind that there could be delays if the applicant’s vital records contain discrepancies and inconsistencies which need to be amended.
Q3. Do I need to pay taxes in Italy if I become an Italian citizen?
If you are an Italian citizen you do not necessarily need to pay taxes in Italy, rather, taxes are paid by virtue of residing formally in Italy for more than 180 days, not by virtue of merely being an Italian citizen. However, if you plan on moving to Italy permanently we suggest you contact an international tax specialist who can provide you with information regarding tax law for U.S. citizens residing in Italy.
Q4. How much does it cost to obtain Italian citizenship?
The cost to retrieve the vital records needed for your application is very much dependent on the state from which these documents are issued. All vital records will need to be authenticated with an apostille, the cost of which varies depending on the state to which you apply (it is generally between $5 and $40). Finally, although at ItalianCitizenshipAssistance.com we translate your documents as part of our service fee, there might be additional costs associated with translating your vital records if you apply to a consulate outside the U.S. or if you apply via a judicial proceeding in Italy because sworn translations will need to be certified. Finally, the fee to apply for citizenship through an Italian consulate is €300. On the other hand, if you apply to a municipality in Italy you will only need to pay for a revenue stamp on your application.
Q5. Do you need to live in Italy to maintain your Italian citizenship? Does Italian citizenship expire?
You do not need to live in Italy to maintain your Italian citizenship. Furthermore, unlike a passport which expires after ten years from the date of issuance, your citizenship status is not subject to any expiration date.
If you would like further information about these potential avenues to securing your Italian citizenship, or if you would like a free eligibility assessment, do not hesitate to contact us at [email protected]. We will be happy to help you.
