On October 21, 2020 the Italian government passed a decree law n. 130/2020 which was converted into law n. 173/2020 on December 18, 2020. The new law introduces new regulations concerning citizenship by marriage (jure matrimonii). More specifically, the new law sets the processing time for applications for citizenship by marriage for 24 months (2 years), but this can be extended to a maximum of 36 months (3 years) from the date of application, as opposed to 48 months (4 years), which was the maximum processing time established by the previous decree law which was passed on October 4, 2018 and which was converted into law on December 1, 2018. Not only did this decree law set the maximum processing time for 48 months but it also established that citizenship by marriage would require a certified knowledge of the Italian language at a level which is no lower than B1. which according to the “Common European Framework of Reference for Languages” is intermediate. Currently, there are four certification bodies which belong to the unified certification system known as Italian Quality Language Certification (CLIQ):
- the University for foreigners of Siena
- the University for foreigners of Perugia
- the Roma Tre University
- the Dante Alighieri Society.
While the new law reduces the number of months required to process applications for citizenship by marriage, it does not revoke the language requirement. It is important to note that the new law will only apply to citizenship applications that are filed after the law has come into effect. On the other hand, citizenship applications that were submitted before the law came into effect will be processed according to the regulations set forth by the previous law.
NOTE: the new provisions set out by the law of December 18, 2020 also apply to citizenship by residency.
But what are the requirements to apply for citizenship by marriage?
Firstly, if the couple reside in Italy, the non-Italian spouse can apply for Italian citizenship after 2 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. 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. Similarly, the number of years is halved if the couple have minor children. It is important to note that these rules also apply to same-sex civil unions, which were recognized officially by law in 2016.
Secondly, if the couple reside abroad, the Italian spouse must be registered with the AIRE (the Registry of Italians Residing Abroad) and must have registered the couple’s marriage record through the local Italian consulate.
Thirdly, as mentioned above, the non-Italian spouse must pass a language test and also provide a certificate of no criminal record.
What documents are required?
- A certified copy of the couple’s marriage certificate which has been recorded at the Italian municipality where the Italian spouse is registered with AIRE.
- A certified copy of the non-Italian spouse’s birth certificate which has been duly legalized and translated into Italian (in compliance with the obligations provided for by law in relation to legalization/ apostille and translation). The specific requirements regarding the translation and legalization/apostille depend on the country of origin where the certificate was issued.
- Criminal records 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 (in compliance with the obligations provided for by law in relation to legalization/apostille and translation).
- B1 Italian language certificate.
- Proof of payment of €250.
IMPORTANT NOTE: It is always advisable to request your criminal records last as they are only valid for 6 months from the date of issuance.
Where can an application be filed?
Firstly, the non-Italian spouse will need to upload all the necessary documents on the Ministry of the Interior’s online portal. An account can be created at the following link: https://portaleservizi.dlci.interno.it/
Once the submitted paperwork has been assessed, if the couple reside abroad, the Italian consulate where the Italian spouse is registered with the AIRE will contact the non-Italian spouse in order for the applicant to submit original copies of the documents. On the other hand, if the couple reside in Italy, the original documents will need to be submitted at the local prefecture (Prefettura).
As established by the new law, once the original 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. It goes without saying that if the couple divorce or if the Italian spouse passes away in the meantime, the non-Italian spouse will no longer be able to obtain citizenship. The application process can also be interrupted if the consulate or the prefecture is unable to reach the applicant for any official communication. This is why it is vital to keep either the prefecture or the consulate informed about any change of residency.
Finally, if the non-Italian spouse is granted citizenship a ceremony will be scheduled within 6 months from when citizenship was 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.
In conclusion, we hope that this article has provided you with the necessary information about citizenship by marriage and the latest updates in the realm of Italian law. If you have any questions, do not hesitate to contact us at [email protected].
