** Please note that this article applies to an individual who was born in Italy to at least one Italian parent or whose parent became an Italian citizen while the individual was a minor**
Many of our articles have explored the process of claiming Italian citizenship by descent, (i.e. through an ancestor who was born in Italy) or by marriage or by residency. But what happens if you were born in Italy to at least one Italian parent (or your parent became an Italian citizen while you were a minor) and now live abroad? Well, there are two main scenarios.
If you naturalized in a foreign country prior to August 16th 1992, since Italy did not allow dual citizenship prior to that date, according to Italian law you formally renounced your Italian citizenship and therefore you cannot claim it via a traditional jure sanguinis application. However, you can reacquire Italian citizenship by providing the Italian government with evidence that you wish to reconnect with your Italian roots; this can be done by establishing your residency in Italy.
Example: You were born in Italy in 1966. Both your parents were also born in Italy and were Italian citizens at the time of your birth. You emigrated to the U.S. in 1984 and became a U.S. citizen through naturalization in 1991. You lost your Italian citizenship when you acquired U.S. citizenship. You can apply for re-acquisition of your Italian citizenship.
But how do you go about reacquiring Italian citizenship?
In brief, if you renounced your Italian citizenship because you naturalized prior to August 16th 1992, you need to visit the consulate in the jurisdiction where you reside, submit a number of documents and sign a declaration which states that you intend to reacquire Italian citizenship by establishing residency in Italy within one year from the date of declaration. The documents required might vary according to the specific consulate you apply to; for more detailed information feel free to read the list of requirements here. As for the process per se, when you arrive in Italy you will need to establish your legal residency. This entails providing the municipality with proof that you can legally use the property where you intend to reside (e.g. lease agreement or property deed). 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 you can apply for the reacquisition of Italian citizenship. More specifically, you will need to provide the municipality with all of your documents, including the declaration that stated that you intend to reacquire Italian citizenship. The municipality will then process your application, which normally takes a few months, but this may vary depending on the municipality to which you apply. Once you are granted Italian citizenship you can apply for a passport.
What happens if you naturalized in a foreign country after August 16th 1992 or never naturalized in a foreign country?
On the other hand, if you naturalized in a foreign country after August 16th 1992 (or if you never naturalized) you still hold your Italian citizenship and you can register with the AIRE (Registry of Italian Citizens Residing Abroad) and apply for an Italian passport. This entails submitting all of your vital records to the consulate in order for the municipality in Italy where you were born to register them. The vital records include your birth, marriage and divorce certificates (if applicable) and your naturalization records. Please bear in mind that the vital records must be certified copies and must also be apostilled and translated into Italian for the municipality to register them.
Example 1: You were born in Italy in 1970. Both your parents were also born in Italy and were Italian citizens at the time of your birth. You emigrated to the U.S. in 1989 and became a U.S. citizen through naturalization in 1994. You retained your Italian citizenship when you acquired U.S. citizenship unless you formally renounced your Italian citizenship. You can register with the AIRE and apply for an Italian passport if you no longer have a valid one.
Example 2: You were born in Italy in 1990. Both your parents were born in Egypt. You and your parents became Italian citizens through naturalization in 1999. You emigrated to the U.S. and became a U.S. citizen through naturalization in 2005. As in the above case you retained your Italian citizenship.
To recap, if you naturalized prior to 1992 you can reacquire your Italian citizenship by establishing your residency in Italy. On the other hand, if you naturalized after 1992 or if you never naturalized you still hold your Italian citizenship, and you only need to register with the AIRE and apply for an Italian passport. If you need further information feel free to contact us, we will be more than happy to help you.
