Many of our articles have analyzed the various paths to acquiring Italian citizenship, and the requirements one must meet in order to apply. This article instead will analyze the main differences between applying for citizenship by descent and citizenship by marriage. Some people will qualify for both citizenship by marriage and for citizenship by descent. Generally, applying for citizenship by descent is a much quicker process compared to applying for citizenship by marriage, but there are other differences. For purposes of clarity the article will be divided into a number of subsections which will compare the two processes.
Who can apply?
- As a general rule, you can apply for Italian citizenship by descent if your ancestor who was born in Italy never naturalized or if he/she naturalized after the child’s birth, and if none of your ascendants in your direct line of descent ever formally renounced their right to Italian citizenship. If there is a woman in your Italian lineage who gave birth to her child who was born abroad before January 1, 1948, you may not be able to qualify for Italian citizenship by descent through an application at the consulate, however you may be able to pursue Italian citizenship via the court system.
*Please note that there are exceptions to the rules mentioned above; for instance, if your male ancestor naturalized prior to the birth of his child who was born abroad you may not be able to apply for citizenship via the consulate (but it might be possible to claim citizenship through the court system because prior to 1948 Italian women acquired their husbands’ citizenship automatically by marriage.
- On the other hand, if your spouse is an Italian citizen and you want to apply for Italian citizenship you can apply after 2 years from the date of marriage or civil union if you reside in Italy. By contrast, if you reside abroad you can apply after 3 years from the date of marriage or civil union; the number of years is halved if you have children under the age of 18. Please bear in mind that if you reside abroad, your Italian spouse must be registered with the AIRE (the Registry of Italians Residing Abroad) and must have registered your marriage record through the Italian consulate which covers the jurisdiction where you reside. It is worth clarifying that if you were married to your Italian husband prior to April 27, 1983 you acquired Italian citizenship automatically, however, if you divorced prior to that date you are no longer considered to be an Italian citizen. On the other hand, if the divorce occurred after that date you are still an Italian citizen by law. If your case falls into this category you can apply for citizenship through marriage through a simplified process.
Required documents
- In order to apply for citizenship by descent you need to provide the consulate or the Italian municipality (if you decide to file an application in Italy) with certified copies of your family’s vital records; these include birth, death, marriage and divorce certificates; these need to be legalized with apostilles and translated into Italian. You must also submit the naturalization records pertaining to your Italian ancestor through whom you are claiming Italian citizenship, or proof that he never naturalized.
- On the contrary, applying for citizenship by marriage is a different process which is mainly based on the absence of criminal records and passing a language test. If you apply for citizenship by descent, in fact, you do not need to speak Italian as the Italian law considers you to be an Italian by birth. On the other hand, applying for citizenship by marriage entails passing a B1 language test, which according to the Common European Framework of References for Languages is intermediate level. Currently, there are four certification bodies which belong to the unified certification system known as Italian Quality Language Certification (CLIQ):
- the University for foreigners of Siena
- the University for foreigners of Perugia
- the Roma Tre University
- the Dante Alighieri Society.
Besides the language requirement and criminal records check which must be issued by the FBI (if you are a U.S. citizen) and by the U.S. states (and foreign countries, if applicable) where you have resided since the age of 14, you also need a certified copy of your marriage certificate which, as mentioned previously, must have been recorded at the Italian municipality where your Italian spouse is registered with the AIRE. Finally, you also need a certified copy of your birth certificate which has been duly legalized and translated into Italian although the specific requirements regarding the translation and apostille/legalization depend on the country of origin where the certificate was issued.
Where do you apply?
- Applications for citizenship by descent can be filed at a consulate or at a municipality in Italy.
- On the other hand, applications for citizenship by marriage are articulated in two phases. Firstly, you will need to upload all the necessary documents discussed above on the Italian Ministry of the Interior’s online portal. Once the paperwork has been assessed, if you reside abroad, the Italian consulate where your Italian spouse is registered with the AIRE will contact you in order for you to submit original copies of the documents. On the other hand, if you reside in Italy, you will need to submit the documents at the local prefecture (Prefettura).
Application processing time
- If you are applying for Italian citizenship by descent, by law, the consulate will have 730 days to review your application and provide you with an outcome, although it generally takes most consulates less than 730 days to process an application for citizenship by descent.
On the other hand, if you file an application at a municipality in Italy, the processing time is faster. More specifically, when you arrive in Italy you need to establish your residency and provide the municipality with proof that you can legally use the property where you reside. The local police will then verify that you are living in that property within 45 days from your residency application. Once your residency status has been verified, the municipality will then process your citizenship application, which normally takes a few months, but this may vary depending on the municipality to which you apply.
- By contrast, as for citizenship by marriage, the processing time, which has been set for 24 months, can be extended to a maximum of 36 months from the date of application.
We hope that this article has provided you with a clear overview of the differences between applying for Italian citizenship by marriage and by descent. If you have any questions or simply need help with determining your eligibility, feel free to contact us at [email protected]. We will be happy to help you.
