Many of our clients who apply for Italian citizenship by descent often wonder about the possibility of extending Italian citizenship to their children and to their spouses. While Italian citizenship can be passed automatically to minor children[1] provided that the applicant submits certified copies of their birth certificates to the consulate, municipality or Italian court to which he/she is applying, passing Italian citizenship onto one’s spouse is a different story altogether.
This article will focus on answering the most frequently asked questions about the pathways which spouses of Italian citizens may pursue in order to obtain Italian citizenship or to simply be able to travel to Italy and the E.U. and enjoy the benefits that being a spouse of an Italian citizen entails.
Can the spouse of an Italian citizen get citizenship?
Yes. If the couple reside in Italy the foreign spouse can apply for Italian citizenship by marriage after 2 years from the date of marriage or civil union. On the other hand, if the couple reside abroad the foreign spouse will need to wait 3 years from the date of marriage or civil union before he/she files an application. The number of years is halved if the couple have minor children. If the couple reside abroad, the Italian spouse must be registered with the A.I.R.E., the Registry of Italian Citizens Residing Abroad, and he/she must have registered the couple’s marriage certificate through the Italian consulate that covers the jurisdiction where the couple reside.
Does a spouse of an Italian citizen need to speak Italian to get Italian citizenship by marriage?
Yes. In order to apply B1 level of Italian is required. B1 is intermediate level according to the Common European Framework of References for Languages. If the applicant holds a degree in Italian or if he/she attended school in Italy, the language test is not required. The language certificate must be recognized by one of the following institutions:
- The University for Foreigners of Siena
- The University for Foreigners of Perugia
- Roma Tre University
- The Dante Alighieri Society.
The language certificate, which has no expiration date, must be obtained prior to filing an application. More information about this can be found here.
Are there any other requirements to apply for Italian citizenship by marriage?
Yes. In addition to proving certified knowledge of Italian, the Italian authorities require the applicant to provide clean criminal records issued by the FBI and by every U.S. state in which the applicant has resided since the age of 14. It is worth collecting these records last as they are valid for 6 months from the date of issuance. The records will need to be authenticated with an Apostille and translated into Italian. If the records are issued by countries outside of the U.S., they will need to be legalized and translated into Italian in compliance with the obligations provided by law in relation to legalization/translation.
Finally, the applicant will also need to provide a form of ID, proof of payment of 250 euros and a certified copy of his/her birth certificate which has been duly legalized and translated into Italian.
Does the applicant need to be physically present in Italy in order to apply for citizenship by marriage?
No. An application for Italian citizenship by marriage can be filed without residing in Italy. In particular, the application can be submitted via the online portal of the Italian Ministry of the Interior. Once the paperwork has been assessed, if the couple resides abroad, the Italian consulate where the Italian spouse is registered with the A.I.R.E. will contact the applicant in order for him/her to submit original copies of the records. On the other hand, if the couple reside in Italy, the applicant will need to submit them at the local prefecture (Prefettura) which covers the jurisdiction where the couple reside.
How long does it take to obtain Italian citizenship by marriage?
By law, the Italian authorities have up to 24 months to process an application, but this can be extended to 36 months from the date of application. The law (n.130/2020) introducing new regulations regarding the processing time was passed on December 18, 2020.
Can an application for Italian citizenship by marriage be revoked?
Prior to July 26, 2022 if the Italian spouse passed away during the foreign spouse’s application, the process would be suspended and the application revoked. On July 26, 2022 the Italian Constitutional Court issued judgment n.195, which declares the constitutional illegitimacy of the provision outlined above and therefore, it is now considered to be unlawful for an application to be revoked if the Italian spouse dies during the process. Nevertheless, an application can be revoked if the couple divorce or if the marriage is annulled during the application process.
What happens after the foreign spouse is granted citizenship?
Once the application is approved, an official ceremony will be scheduled within 6 months from that date. Both spouses will need to attend the ceremony and the Italian spouse will need to sign an affidavit to confirm that the marriage is legally valid and that no separation, divorce or annulment have occurred.
Are there any special circumstances which may apply to spouses of Italian citizens?
Yes, there is a specific circumstance whereby a woman who married an Italian man prior to April 27, 1983 automatically acquired Italian citizenship by marriage. Therefore, she can apply for the recognition of Italian citizenship via an expedite process at an Italian consulate or Italian municipality. The language certificate and the criminal background checks are not necessary. The consulate or Italian municipality processing the application will recognize the applicant as an Italian citizen starting from the date of marriage rather than from the date on which the application was submitted. For more information click here.
What if an individual is not eligible to apply, or does not wish to become an Italian citizen by marriage?
Italy, as well as many other European countries, allows a spouse of an Italian citizen to stay in Italy and to travel around the EU provided that the spouse holds a residency permit. Without one, a foreign spouse (who is not an EU citizen) can spend up to a maximum of 90 days in Italy.
What are the requirements to apply for a residency permit?
In order to apply for a residency permit, the Italian spouse will need to be registered as a resident in the municipality where the couple is living. The foreign spouse will then need to provide the Italian authorities with the following items:
- The couple’s marriage certificate issued by the municipality where the marriage is registered.
- The spouses’ passports
- Two passport-size photos
- A fee of 16 euro.
Where does the application need to be submitted?
The application must be submitted at the police headquarters (Questura) that covers the jurisdiction where the couple resides. On the day of the appointment the police will assess the applicant’s documentation and take their fingerprints. The applicant will then need to allow the necessary time for the office to process the application and issue the permit.
How long does it take to obtain a residency permit?
The average waiting time to be issued a residency permit is 2-3 weeks from the date of application.
Can a spouse of an Italian citizen work in Italy?
Yes. If the foreign spouse applies for a residency permit, he/she will be able to work, as well as to access Italy’s healthcare system.
Can a spouse of an Italian citizen live and work in another EU country?
Yes. The Italian spouse will need to register as a resident in the EU country where the couple decides to reside and the foreign spouse will be able to apply for a permit of stay by virtue of being married to an Italian, and thus EU citizen.
Does the residency permit have an expiration date?
Yes. Residency permits for spouses of Italian citizens are usually valid for 5 years and they can be renewed provided that the applicant meets the requirements established by law. It is also worth pointing out that after 10 years a non-EU citizen can apply for Italian citizenship by residency, provided that he/she meets the eligibility requirements. Further information can be found here.
In conclusion, we hope that this article has provided you with an insight into the most frequently asked questions regarding spouses of Italian citizens and the potential avenues they can pursue in order to enjoy the benefits that Italian citizenship entails. If you would like to learn more about these, do not hesitate to contact us at [email protected].
[1] On the other hand, if you apply for Italian citizenship and you have adult children, they will not be automatically included in your application so they will need to file their own. More information about applying for citizenship with your adult children is available here.
