Now that you have Italian citizenship, you might be wondering how you can move to Italy with your family and, indeed, if your non- Italian spouse can claim citizenship. While any minor children are Italian citizens automatically by right of having an Italian citizen parent, your non-Italian spouse, however, has two options: he or she can choose to apply for a residency permit to live in Italy or can apply for citizenship by marriage. This article will outline the differences between applying for citizenship through marriage and applying for a residency permit. Please note that the information regarding citizenship by marriage is only applicable if you got married after April 27th, 1983. If your marriage took place before that date, your spouse has the right to automatically acquire Italian citizenship.
Citizenship by marriage
Your non-Italian spouse can apply for citizenship three years after the wedding or civil union if residing outside of Italy. If, however, you are residing in Italy, this time is cut down to two years. In both cases, the time is halved if you have minor children. Please note that you must be registered with AIRE if residing abroad (this is a requirement for all Italian nationals regardless of whether your spouse is applying for citizenship). You will also need to have your marriage certificate registered with your local Italian consulate or the comune where you reside in Italy. If you were married in Italy, then it is already registered. The final requirement is to pass a B1 level Italian language test, with a certificate issued by an institution approved by the Italian Ministry of Education or Ministry of Foreign Affairs. Be aware that the specific certificate for citizenship applications is not the same as the regular B1 CELI/CILS exam. Make sure to communicate with the educational institution that it is the exam required for citizenship.
Submitting the application for marriage
If you are residing outside of Italy, the application will be processed through the local consulate. If you and your non-Italian spouse are residents of Italy, the application will go through the prefettura of the comune where you have residency. The documents required include marriage, birth, and residency certificates, criminal background checks, and a certified B1 level of Italian. Regardless of whether you are living in Italy or not, the application will need to be submitted through the Italian Ministry of Interior online: https://portaleservizi.dlci.interno.it.
As of December 18, 2020, the processing time for citizenship by marriage applications is 24 months. This can be extended to a maximum of 36 months. Due to the number of requests, it is unlikely your spouse will receive an answer before this time. That being said, the Ministry of Interior must provide an answer by 36 months, so the applicant can send a formal letter of notice (“diffida”) if there has been no response by then. It is very important to notify the consulate/prefettura about any change of address during this period in case they try to contact your spouse.
Finally, if citizenship is approved, your non-Italian spouse will need to attend a citizenship ceremony and take the oath of allegiance. You will need to accompany your spouse, as you will have to sign an affidavit that no separation, divorce, or annulment took place during the processing period. This ceremony must take place within six months of when citizenship was granted.
Residency permit for spouses
Another alternative for your non-Italian spouse to be able to reside in Italy would be to apply for a residency permit (carta di soggiorno) directly upon arrival in Italy. This permit is valid for five years, after which your spouse can renew it for permanent residency. The initial five-year permit is valid so long as a couple resides together, remains married, and maintains residency in Italy. However, once your non-Italian spouse has permanent residency, it is no longer attached to the status of you, the Italian spouse.
In order to apply for the residency permit, you, as the Italian citizen must first register as a resident as soon as possible after moving to Italy. Your non-Italian spouse can initially accompany on a tourist visa, but if you’re planning to stay longer than three months (the max time limit on a tourist visa), then your non-Italian spouse must have a residency permit, which he or she can only apply for once you declare residency. The documents needed for the application, which is submitted to your local questura, are simple. They include the marriage certificate (registered at the comune), both spouses’ passports, and proof that you are living together, such as a rental contract or official residency document issued by the comune.
A great benefit of the residency permit is that your non-Italian spouse has no work restrictions while in Italy. He or she is free to pursue work the same as an Italian citizen.
What are the differences?
Ultimately, both citizenship by marriage and obtaining a residency permit allow your non-Italian spouse to live in Italy full time. The one you choose depends on personal preference and some differences between the two. First, Italian citizenship by marriage can be pursued while living abroad, while a residency permit can only be obtained while in Italy. So, if you aren’t planning to move to Italy soon, you can file for citizenship by marriage in your country of residence. Another benefit to citizenship by marriage is that once your non-Italian spouse has it, he or she is free to live and work elsewhere in Europe. Meanwhile the residency permit has to be applied for separately in each new EU country. In fact, if as a couple you were to move to another EU country, your non-Italian spouse would have to get a residency permit for that country. Similarly, you would have to register as a resident in that country.
Another difference is that with citizenship only you can participate in Italy’s political life by voting in elections. However, a residency permit might be a better option for someone who doesn’t know Italian, since a B1 language test is required for citizenship by marriage.
There is a final important to note to make regarding how marital status affects citizenship applications and residency permits. If spouses divorce while one is pursuing citizenship by marriage, then citizenship cannot be acquired. However, if the Italian spouse passes away during the process of citizenship for the non-Italian spouse, citizenship can still be granted, due to a new decree no. 195/2022 passed on July 26, 2022.
Regarding residency, if the non-Italian spouse has permanent residency after the divorce or death of the Italian spouse, then he or she can still maintain residency. If the non-Italian spouse is still on the five-year residency permit, though, the divorce or death of the spouse could inhibit his or her ability to remain in Italy. Factors that affect this include how long you were married (and how long you spent in Italy during the marriage), if you have custody or visitation rights of any children residing in Italy, and/or if you were the victim of domestic abuse. Always consult with a lawyer to determine the specifics of your case.
Conclusion
This article has sought to briefly explain the processes to obtain citizenship by marriage and a residency permit for your non-Italian spouse, along with the differences between them. We are happy to help with individual cases if you are need of more information. Don’t hesitate to contact us at [email protected].
