Most of the articles we have shared so far have addressed several aspects of applying for Italian citizenship by descent, such as the eligibility requirements, the differences between applying for citizenship by descent and citizenship by marriage, the documents needed to apply, the stages involved in the application process, and the benefits of being an Italian citizen. This article instead will focus on the options that are available to those of you who do not have Italian ancestry or do not qualify for Italian citizenship by descent but would like to live in Italy beyond the 90-day limit.
**NOTE: If you are an American citizen and you do not hold an Italian passport you can visit Italy and the EU countries which are part of the Schengen without a visa for 90 days only within any 180 days period.
First of all, if you have Italian ancestry be sure you thoroughly assess your eligibility and analyze both sides of your family and lineages before excluding an application for Italian citizenship by descent. In fact, it is not uncommon to be ineligible for citizenship through a close relative but to qualify via a more distant ancestor (e.g. you do not qualify through your father who was born in Italy but you qualify through your mother’s grandfather who was also born in Italy).
Another common scenario is NOT qualifying for citizenship by descent via one side of the family but being able to file a 1948 case via the other side of the family. In other words, some people may be unable to apply for citizenship by descent (at an Italian consulate or Italian municipality) because their ancestor was naturalized prior to the birth of the next person in line. However, it may be possible that another family line, which includes a female ancestor whose child was born prior to January 1, 1948, can be used to file a 1948 case. Many official sources classify these cases as being “not viable” because women were not allowed to transfer their citizenship on to their children before January 1, 1948. However, 1948 cases can be tried in court, they have recently become very popular and the chances of success are very high. Please feel free to read more about 1948 cases here. It is worth mentioning that if you pursue citizenship via a 1948 case you cannot stay in Italy while your case is being tried. In other words, a residence permit (“Permesso di soggiorno per attesa cittadinanza”) can only be issued if you are applying for Italian citizenship by descent via a municipality in Italy.
Italian citizenship by residency
If you have explored all of the potential avenues to Italian citizenship by descent but you do not meet the eligibility requirements you may qualify for Italian citizenship by residency. More specifically, the main eligibility requirement to apply for Italian citizenship by residency rests on the basis of the number of years of legal residency in Italy. Non-EU citizens are required to have resided in Italy for at least 10 years. This now applies also to British citizens. On the other hand, for citizens of another EU country, the period of residency required is 4 years. However, there are instances for which the period of residency required is lower, such as for foreigners whose parents or grandparents were Italian by birth and were born in Italy (please note that this only applies to parents or grandparents). In this specific case the time required is 3 years of legal residency; the same applies to individuals who were born in Italy as non-Italian citizens but then relocated to another country. Aside from the number of years of legal residency in Italy, there are also a number of conditions that need to be met in order to apply for citizenship by residency. For example, you need to have certified knowledge of the Italian language at a level which is no lower than B1 unless you already have certified knowledge of Italian which has been recognized by the University for Foreigners of Siena, the University for Foreigners of Perugia, the Roma Tre University or the Dante Alighieri Society, or unless you hold a language degree in Italian or you attended school in Italy (please note that the language requirement only applies to Italian citizenship by residency, not by descent).
You also need to provide evidence that your yearly income has not been lower than € 8.263,31 for the past 3 years. If you are married 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 you can indicate that of someone who is part of the same household. You can apply for citizenship by residency via the official website of the Italian Ministry of the Interior. Once your application has been approved you will then need to provide the local prefecture (“Prefettura”) with original copies of a number of documents including a certified, original copy of your birth certificate (which has been duly translated and legalized) and clear criminal records issued by the country of origin and any other countries or U.S. states in which you have resided (these must have been duly translated and legalized).
As for the time needed to process this type of application it can take up to 24 months (2 years) to receive an outcome. This can also be extended to 36 months (3 years). Please note that you will need to be a resident of Italy throughout the entire application process. Finally, if you have any children who are minors who are living with you when you are granted citizenship they will automatically become Italian citizens.
**NOTE: non-EU citizens need a residency permit to be able to live in Italy for the number of years which are needed in order to apply for Italian citizenship by residency.
Elective Residence Visa
The Elective Residence Visa is meant for individuals with high self-sustaining incomes and financial assets. This type of visa is issued solely to applicants who are planning to move to Italy permanently, and it does not allow the applicant to work in Italy. In other words, this type of visa is NOT for extended tourism. If the applicant wishes to work after establishing residency in Italy, he or she will need to apply to the local police headquarters (“Questura”) to change his or her immigration status.
The specific requirements needed to apply for the Elective Residence Visa are listed on the website of the Italian Consulate that covers the jurisdiction where you reside. Although there might be some differences among Italian Consulates generally you will need to provide official letters from banks or financial institutions that prove substantial and stable private income originating from pensions, properties or investment funds or from stable economic commercial activities. Income deriving from subordinate work is not taken into consideration. You will also need tax returns from the last two years, a letter from the applicant specifying his or her reasons for moving to Italy permanently and a registered lease or deed for property in Italy.
The elective residency visa lasts 365 days. Upon arriving in Italy, applicants must apply at the local Questura for a residency permit (“permesso di soggiorno”). Each year, the Questura will verify that the applicant meets all visa requirements and it will re-issue the residency permit. The elective residency visa is the most strictly regulated visa and Consular officers are required by law to investigate applications thoroughly. Finally, the visa can also be issued to the applicant’s dependent spouse, minor children and dependent children over 18 living with their parents provided that the applicant can demonstrate adequate financial assets to support them.
Investor Visa
The Investor Visa (or Golden Visa) was introduced in 2016 and it allows non-EU citizens, and investors more specifically, to stay in Italy for a 2-year period provided that they invest in strategic and specific areas of the Italian economy with the aim of contributing to the country’s economic and societal growth. The strategic areas, which have been defined by the Italian Ministry of Economic Development, and the minimum threshold of invested capital for each are defined as follows:
- Government bonds: € 2 million
- Italian limited company: € 500,000
- Italian innovative start-up: € 250,000
- Philanthropic donation: € 1 million
In order to apply for this type of visa you need to provide proof that you have the funds and that you do not have criminal convictions or pending charges. In addition to this, you need to provide a declaration of commitment with proof of consent from the recipient. The application for the visa can be submitted on the website of the Italian Ministry of Economic Development and the instructions to apply can be found here. Once you submit your application, the Investor Visa for Italy Committee will have 30 days to review your application. If the Committee approves your application you will have 6 months to request an Investor Visa at the Italian Consulate which covers the jurisdiction where you reside. You will then be able to enter Italy within 2 years from the date of issuance of the visa and request a residency permit. The investor residence permit is valid for two years and can be renewed for further three years. More detailed information about this type of visa can be found here.
**The two types of visas described above are the most popular among our clients. Nevertheless, there are also other types of visas one may apply for such as the work visa, the study visa, the family visa and the self-employment visa. These visas allow you to enter Italy; once you have resided in Italy for the number of years required by Italian law, you can apply for Italian citizenship by residency.
What if I am married to an Italian citizen?
If you are married to an Italian citizen you can apply for Italian citizenship by marriage or you can apply for a permit of stay for spouses of EU citizens.
While you can apply for the residency permit for spouses immediately after relocating to Italy or to another EU country with your spouse, you can only apply for Italian citizenship by marriage after 2 years of full-time residency in Italy or after 3 years if you reside in another country (the number of years is halved if you have minor children).
We hope that this article has provided you with the necessary information regarding the alternative options which are available to individuals who are not eligible to apply for Italian citizenship by descent. If you would like a free consultation please contact us at [email protected] or at +1 323-892-0861. We will be happy to answer any queries you might have.
