If you have always dreamed of living in Italy to discover its picturesque landscapes, art-infused cities and Mediterranean life-style and cuisine, applying for citizenship while living in Italy will sound like a thrilling journey. This article will explain everything you need to know about applying for Italian citizenship while in Italy, be it by descent, by marriage or by residency.
Filing an application for Italian citizenship by descent in Italy
Applying for citizenship directly in Italy is generally much faster compared to applying via an Italian consulate abroad. This is due to the fact that some documents which are necessary if you apply via an Italian consulate in the U.S. might not be required in Italy. For instance, Italian municipalities generally do not require the documents of non-direct family members whereas some consulates in the U.S. do. Furthermore, processing times in municipalities are much shorter compared to consulates, which have a maximum of two years, by law, to assess a citizenship application. On average, the process in Italy takes a few months although this might vary depending on the municipality to which you apply.
If you wish to apply for Italian citizenship with your family you will all need to be physically present in Italy. As with applying via a consulate, in order to apply for citizenship via a municipality in Italy, you will need to collect certified copies of your family’s vital records and proof that the ancestor through whom you are claiming citizenship was naturalized or was never naturalized. The records will need to be authenticated with Apostilles and the translation into Italian of all the vital records will need to be certified prior to applying.
As for the process of moving to Italy per se U.S. citizens can relocate to Italy with the purpose of applying for Italian citizenship jure sanguinis without the need to obtain a visa. Upon arrival in Italy you will you will need to formally establish residency in the municipality where you decide to apply for citizenship. The local police will verify that you are living in the property where you have established your residency, and by law, they will have up to 45 days to verify this. Once your residency status has been confirmed you can formally apply for citizenship by descent through the citizenship office in the municipality town hall. You will then need to submit all the documents supporting your citizenship application and allow the time necessary for the case to be assessed. You will be issued a specific residency permit which allows you to stay in Italy while your application is being processed (permesso di soggiorno in attesa di cittadinanza). Once you have been recognized as an Italian citizen you can apply for a passport via the local Questura (police headquarters). Alternatively, if you decide to go back to your home country you will need to register with the A.I.R.E and apply for a passport at the consulate that covers the jurisdiction where you reside.
If you are wondering about how your foreign spouse can stay with you whilst applying for Italian citizenship by descent in Italy, by law, please note that your spouse will only be able to spend 3 months in Italy on a tourist visa. If the process to be granted Italian citizenship exceeds that period of time some municipalities might allow your spouse to stay longer, however, this depends on the specific municipality to which you apply. On the other hand, when you are recognized as an Italian citizen your spouse will be able to apply for a residency permit for spouses of EU citizens.
Please note, if you have a 1948 court case one of our attorneys will file your lawsuit on your behalf in an Italian court. You do not need to be physically present in Italy during the legal proceeding because an attorney will represent you in court through a Power of Attorney.
Applying for Italian citizenship by marriage in Italy
Although it is possible to apply for Italian citizenship by marriage if a couple reside outside of Italy, if the couple reside in Italy the process is faster. In fact, 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. The number of years is halved if the couple have children under the age of 18. It is important to note that these rules also apply to same-sex civil unions, which were recognized by law in Italy in 2016.
As for the application process, this can be filed via the local Prefettura (prefecture) if the couple reside in Italy. There is a prefettura, which is an office of the Ministry of Interior, in every Italian province. As established by law, once the required documents have been submitted, the Italian Ministry of the Interior will have 24 months (up to a maximum of 36 months) to process the applicant’s request. If the couple reside in Italy, the Italian spouse must be registered as a resident in the municipality within the province where the application is filed and he/she must have registered the couple’s marriage record in Italy.
Please note that the non-Italian spouse must pass a language test (B1 level is required) and also provide a certificate of no criminal record. Currently, there are four certification bodies through which the language certification can be obtained:
- the University for foreigners of Siena
- the University for foreigners of Perugia
- the Roma Tre University
- the Dante Alighieri Society.
Below is a list of documents that are required to file an application:
- A certified copy of the couple’s marriage certificate which has been registered in Italy.
- A certified copy of the non-Italian spouse’s birth certificate which has been duly legalized and translated into Italian. The specific requirements regarding the translation and legalization/apostille depend on the country of origin where the certificate was issued.
- Criminal record checks issued by the FBI and by the US States (and foreign countries, if applicable) where the non-Italian spouse has resided since the age of 14. These documents must be duly legalized and translated into Italian. It is always advisable to request your criminal records last as they are only valid for 6 months from the date of issuance.
- B1 Italian language certificate.
- Proof of payment of €250.
When the local prefecture approves the application, a ceremony will be scheduled within 6 months after citizenship has been granted. Both spouses will need to attend the ceremony as the Italian spouse will be required to sign an affidavit to confirm that the marriage is still valid and that no separation, divorce or annulment have occurred.
For more information about the process of applying for Italian citizenship by marriage please click here.
Applying for Italian citizenship by residency
Finally, if you are a non-EU citizen and you have legally resided in Italy for at least 10 years, or if you are an EU citizen and you have resided in Italy for 4 years, you can apply for Italian citizenship by residency. There are cases for which the period of residency required is lower, such as for foreigners whose parents or grandparents were Italian by birth. In this specific case the time required is 3 years of legal residency. In order to apply you will need to meet a number of requirements.
Firstly, you need to provide proof that you are a resident in Italy from a legal stand point. This means that if you are a non-EU citizen, you must comply with the laws regulating immigration, i.e. you must hold a regular residency permit for the entire duration of your residency in Italy.
Secondly, your name must be listed in the registry office in the town/s where you have resided with no interruption.
Thirdly, B1 level in Italian is required unless you already have certified knowledge of Italian which has been recognized by one of the institutions listed above, or if you hold a language degree in Italian or you attended school in Italy, or if you hold a “carta di soggiorno UE per soggiornanti di lungo periodo” which was issued after 2011.
You must also 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 one belonging to someone else in the same household.
The application must be submitted via the official website of the Italian Ministry of the Interior and once it has been approved you will need to provide the local prefecture with original copies of the documents comprising
- a certified, original copy of your birth certificate which has been duly translated and legalized,
- a criminal background check issued by the country of origin and any other countries in which you have resided, which have been duly translated and legalized,
- proof of payment of €250,
- proof of income and the language certification.
As for the processing time, it can take up to 24 months (2 years) to receive an outcome. This can also be extended to 36 months (3 years). If your claim to citizenship is successful, a decree of citizenship will be sent to the town hall of your town of residency, and the citizenship ceremony will take place within 6 months from that date. During this ceremony you will need to take an oath and swear allegiance to the Italian Republic. If you have any children who are minors who are living with you at the time of the oath they will automatically become Italian citizens. If you would like more information please click on this link.
In conclusion, this article has sought to provide you with an overview of the procedure entailed in filing an application for Italian citizenship by descent, by marriage and by residency in Italy. If you are considering applying for Italian citizenship and you would like further information, do not hesitate to contact us at [email protected]. We’ll be happy to make your dream come true.
