AIRE and Residency

If you are an Italian citizen and you reside abroad, there is one thing you will always need to bear in mind, i.e., keeping the Italian government up to date with regard to your vital events. In other words, all Italian citizens who reside outside of Italy must register their vital records, such as their marriage and divorce certificates, their children’s birth certificates and their relatives’ death certificates (if applicable) via the Italian consulate that covers the jurisdiction where they reside.

The same applies to individuals who are granted Italian citizenship jure sanguinis by an Italian consulate in the U.S. or abroad, or by a municipality or a court in Italy, and who establish their residency outside of Italy.

So how do you register your vital records? How long does this process take? This article will guide you through the main steps you need to take once you are granted Italian citizenship in order to keep your records in Italy up to date.

Registering your vital records if you are an Italian citizen residing abroad

Italian citizens who reside abroad must register their vital records via the consulate where they are registered with the A.I.R.E. (Registry of Italian Citizens Residing Abroad). The requirements to register the vital records vary slightly depending on the consulate to which you apply. Generally, the process entails mailing  the consulate certified copies of the vital records with Apostilles and a translation into Italian, together with a photocopy of your ID and the appropriate form requesting that the records be registered in Italy. The specific forms relating to a birth, marriage, divorce and death record are available on the consulate’s website in the section “Stato Civile” (Vital Records).  Once you submit your records, the consulate will send the registration request to the municipality in Italy where you are registered with the A.I.R.E. This will be done via certified email within 45 days from the date of your application, and you will be CC’ed on the email.

Please note that if you request the registration of your minor child’s birth certificate, you will need to have registered all of your previous vital records (marriage and divorces, if applicable); in other words, vital records must be registered in chronological order. Nevertheless, if you are requesting the registration of multiple vital records, you can submit the registration request for all the records at the same time. If your child has been adopted, in addition to your child’s birth certificate (duly legalized with an Apostille and accompanied by a translation into Italian), you will also be required to include the adoption decree, which must also be duly legalized and accompanied by a full translation into Italian. If the vital events occur in a different country from the one where you reside, you will need to legalize the records and obtain a certified translation into Italian from the Italian consulate in the country which issued the records.

If you would like to register your marriage records, you will need to verify that your data (first, middle, last name, and date and place of birth) is exactly the same as it appears on your birth certificate, and that all the information on the marriage certificate (such as the date and city where the marriage was celebrated) is correct. Marriage certificates must also be in the “long form” format, and records which do not show complete personal data must be presented along with a certified copy of a marriage license or a marriage application, depending on the state which is responsible for issuing the records. As for registering divorce records, you will be required to submit both the divorce decree and a certificate of non-appeal or a case summary. These records will need to be legalized and translated into Italian. Finally, if you need to register your relative’s death certificate, you will need to retrieve an original certified copy of the record accompanied by an Apostille and a full translation into Italian, and a photocopy of the deceased person’s birth certificate. Funeral home death certificates are not valid for registration purposes.

The time needed to register an individual’s vital records largely depends on the municipality’s workload. Some municipalities are faster than others, however, on average, it usually takes one to four weeks for a municipality to complete the registration process. In order to request a confirmation of the registration, you must contact the municipality’s office of vital statistics (“ufficio di stato civile” or “anagrafe”). It is advisable to write to the municipality in Italian as not all municipalities have English speakers. Please bear in mind that registering your vital records is free of charge.

Registering your vital records if you obtain citizenship via an Italian consulate

Once the Italian consulate where you have filed your application recognizes your right to Italian citizenship by descent, you will receive an email stating that your vital records have been sent to the municipality in Italy which holds your Italian ancestor’s birth certificate, therefore, no action will be required on your end, rather, the consulate will automatically send your vital records to the municipality in Italy.

If you have minor children under the age of 18, and you collected certified copies of their birth certificates, the municipality will also register their records so that they, too, are formally considered Italian citizens. The consulate will also file your personal details with the A.I.R.E., which will allow you to apply for an Italian passport at your local Italian consulate. If you move to another state in the U.S., or if you move abroad, you will need to update your address with the A.I.R.E. so that you can access the services of the consulate that covers your new jurisdiction, should you need to renew your passport or register other vital events, such as your minor children’s birth certificates, for instance. In fact, if you have children after you are granted Italian citizenship, you will need to register their births via the consulate before they turn 18 in order for them to be recognized as Italian citizens. If you do not do so, they will need to apply for citizenship by descent and provide the consulate with all of their family’s vital records starting from the ancestor who was born in Italy and who emigrated abroad.

Registering your vital records if you obtain citizenship via a municipality in Italy

If you decide to travel to Italy to apply for citizenship by descent at a municipality (it does not necessarily need to be the municipality where your ancestor was born), you will need to establish your residency there in order to file your application. Generally, applying via a municipality is faster than applying via an Italian consulate. Once the citizenship clerk has verified that all your documents are in order and that you have an unbroken chain of Italian ascendants, you will be recognized as an Italian citizen. Your vital records will then be automatically registered in that municipality (thus the records will not be sent to the municipality where your ancestor was born), and you will be able to apply for an Italian passport. If you reside in Italy, you can apply for a passport at the local police headquarters (“Questura”). On the other hand, if you plan on returning 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.

Registering your vital records if you obtain citizenship via a local court in Italy

If you obtain Italian citizenship via a 1948 case through an Italian court, the attorney representing you will need to wait 60 days for the judge’s decision to become final. When that period of time elapses, the attorney will request a copy of the final judgment with an official seal which indicates that the judge’s ruling is no longer subject to appeal. The attorney will then send this document to your ancestor’s municipality of birth together with the following:

  • the Power of Attorney which enabled the attorney to file your lawsuit;
  • the attorney’s ID;
  • your ID;
  • a copy of the decree granting you citizenship;
  • your vital records (birth, marriage and divorce records, if applicable);
  • a formal letter requesting that your records be registered

If you reside abroad, when the municipality registers the final judgment together with all the other relevant documentation, they will also register you with the A.I.R.E and you will be able to apply for a passport at your local Italian consulate. If you reside in Italy, as previously mentioned, you will need to apply for a passport at the local police headquarters (“Questura”).

Final remarks

In conclusion, this article has sought to explain the steps you need to take after you obtain Italian citizenship by focusing on the importance of registering your vital records.

If you are interested in applying for Italian citizenship and you would like to learn more about the application process and the various phases involved, feel free to contact us for a free consultation at [email protected].