Italian Citizenship By Marriage

Recently, there have been a few updates to the laws affecting those interested in applying for Italian citizenship through residence and citizenship by marriage (Jure Matrimonii).  In today’s post we will go over some of these updates which have brought many questions and concerns from the community.

As is the natural progression of the world around us, change is often inevitable. The same applies to the realm of Italian law. In response to the increasing immigration to Europe, politicians have been working on ways to handle the situation based on the perceived needs of the country and their citizens. A growing concern for many citizens of Italy has been the issue of border security/national security and immigration. Due to this current situation, Italy’s Deputy Prime Minister who is also the Minister of the Interior, a senator and the leader of the Italian Lega party Matteo Salvini and the office of The Ministry of the Interior have decided to tighten the controls and restrictions on the Italian immigration system.

The office of The Ministry of Interior made a decree (which is recognized as law) on October 4th, 2018 outlining new “rules”. The main points of the decree included new information for citizenship by naturalization (marriage and residency) referring to a new linguistic requirement, an increase to the processing time and an update to the service fee.

Subsequently, a “circolare”* was released on January 25th, 2019 following the October 2018 decree which has further defined the new rules that will also affect those who are wanting to obtain Italian citizenship by naturalization through residency or via citizenship by marriage (Jure Matrimonii).

Note: 

 A “circolare”* (official public memo) is generally released after a new law has been put into effect to help the various Italian offices (e.g. consulates, prefectures, police, etc. or even the Ministry of the Interior itself) which will be directly dealing with the new legislation with how the new law(s) should be interpreted, put into effect and practiced


The main points of interest which we at ICA believe will be of most interest to our valued clients are the following:

 

PROCESSING TIMES

– Previously the processing time for citizenship naturalization applications was up to 730 days (24 months). However, under the new set of rules the maximum processing time is now 48 months for applications not concluded by December 5th 2018. This would also include cases which are still being processed that have not yet been completed, including applications that should have been completed but have been delayed.

LINGUISTIC REQUIREMENT

– A B1 Level Certificate (or above).

What is a B1 certificate?
In short, B1 is considered to be the “lower” intermediate level of proficiency in the Italian language. In theory, mastery of this level should give you the basic linguistic skills needed for daily life in Italy.

All applications submitted without a B1 Level Certificate (or above) on or after December 5th, 2018 presented to an Italian consulate or prefecture must be rejected/not accepted.

Not only is the B1 Certificate now a required document for naturalization, but also for those of you planning to live in Italy, knowing the language without a doubt will make a positive difference in your transition into life in Italy and your ability to integrate. Knowledge of the Italian language in Italy is an invaluable tool to have. Everything from everyday interactions at the local market to banking to signing of rental contracts and every other aspect of life in Italy will become infinitely more accessible to you.

COST UPDATE

-The updated application processing fee has been increased from €200 to €250.

 

For more information about applying for Italian citizenship by marriage (Jure Matrimonii) click here and if you require any assistance with your case always feel free to contact us.These updates are important to note especially if you, a family member or spouse are considering acquiring Italian citizenship by naturalization as these updates come directly from the highest Italian office in charge of the citizenship application process; The Ministry of Interior. While all applications must be made through a consulate or prefecture, all cases will eventually be processed by The Ministry of Interior. The Ministry of the Interior is the authority responsible for all final positive responses to all naturalization applications.

 

Note:

These new rules will also affect those who are coming to Italy seeking refuge/asylum as well as stipulating that citizenship will be revoked for persons who have committed a felony related to terrorism as well as a few other point relating to legal processes for refugees and asylum seekers. The changes were introduced in the name of national security and making sure new citizens would be fully integrated active members of society as well as to make sure the Italian system would not be abused. The decree was met with opposition by a small number of Italian officials (10 mayors out of 8,000 Italian mayors) who are looking to make a case that the new rules are unconstitutional.  However, the decree as is, will be used in practice for the foreseeable future. It would seem as though it is unlikely that this new decree will be overturned.

 

If you have any questions about anything covered in this article or any other questions, feel free to get in contact with ICA HERE and we’ll do our best to help and we may even base an upcoming article on your question. We hope this article has been helpful to you. If you know anyone else who might find this information of interest be sure to share the link to this article with them or on your social media.