Check all the details of the Italian nationality law

If you plan on applying for Italian citizenship and want to learn more about its legislation, you have come to the right place. Whether you’re a descendant of Italian ancestors or simply curious about the process, this resource will demystify the intricacies of Italian citizenship laws. From acquiring citizenship by descent to understanding eligibility criteria, we’ve got you covered. Let’s explore the legal routes that lead to becoming an Italian citizen.

Italian Citizenship by Descent

Italian citizenship is governed by Law No. 91 of February 5, 1992, along with its implementing regulations. These laws emphasize individual will, lineage, and the right to hold multiple nationalities.

Italian citizenship by descent is based on the Principle of Jus Sanguinis (Bloodline Descent). This means that Italian citizenship can be acquired through descent from Italian parents or ancestors. There are no generational limits, therefore, one’s lineage can extend back indefinitely.

Recognition Procedure:

To establish Italian citizenship by descent you must verify that your lineage began with an Italian ancestor and prove that your Italian ancestor maintained their Italian citizenship until the birth of the next in line. Required documents include birth and marriage certificates, authenticated with an apostille, and accompanied by official translations.

Maternal lineage transmission is possible only for children born after January 1, 1948 (the date of the Italian Constitution’s enactment). In case your Italian ancestor is a woman that gave birth to the next in line before 1948, the only option is to judicialize the process.

Naturalization and Renunciation:

The absence of naturalization or the date of any naturalization by the Italian ancestor must be documented. Neither the applicant nor their ascendants should have renounced Italian citizenship.

Competent Authorities:

Recognition procedures are overseen by the relevant consular office based on the applicant’s place of residence (for those living abroad). There is also the option of applying for Italian citizenship in Italy at a commune in Italy.

Multiple Nationality:

Since 1992, Italy allows individuals to hold more than one citizenship simultaneously. For personalized guidance, consult the Italian consular services or relevant authorities. Remember that this information is based on the legal framework in effect as of the specified dates.

Italian Citizenship by Marriage

Italian citizenship can be acquired by foreign or stateless spouses of Italian citizens. The legal framework governing this process includes Articles 5, 6, 7, and 8 of Law 91/92, along with subsequent amendments. Let’s explore the requirements and steps involved:

Residence Requirements:

In Italy: Foreign spouses must have two years of legal residence after marriage or since the date of their Italian spouse’s naturalization.

Abroad: Foreign spouses must have three years of legal residence after marriage or since the date of their Italian spouse’s naturalization.

These terms are halved if the couple has children born of or adopted during the marriage.

Marriage Validity and Persistence:

The marriage must be valid under Italian law and its certificate must be registered with the competent Italian Municipality. The marriage bond must persist until the adoption of the citizenship decree.

Criminal Record and Security Checks:

The foreign spouse must have no convictions for offenses leading to a maximum penalty of three years of imprisonment. Convictions by foreign judicial authorities exceeding one year for non-political offenses must not be registered in Italy. Additionaly, no obstacles related to the security of the Italian Republic should exist.

Italian Language Requirement:

Applicants must demonstrate certified knowledge of the Italian language at a level not lower than B1 of the Common European Framework for Languages. This language requirement applies to applications submitted from December 4, 2018, onward.

Required Documents

Applicants must submit the following documents to the Interior Ministry:

Birth Certificate: From the country of origin (legalized/authenticated with an apostille and translated). Includes personal details, date and place of birth, and information on paternity and maternity. In case obtaining the birth certificate is impossible, a certificate issued by diplomatic-consular authorities can suffice.

Criminal Record Certificate: From the country of origin and any third countries of residence. It must be Legalized/authenticated with an apostille and translated as per current legislation.

Payment Receipt: Proof of payment of the €250 fee.

Identity Document: Photocopy of a valid passport (pages with personal data, photograph, issue, and expiry dates) or identity card.

Italian Language Certification: A certificate demonstrating proficiency at the required B1 level.

Please note that EU Regulation No. 2016/1191 exempts EU citizens from document legalization if issued by their Member State of nationality.

Acquisition of Italian Citizenship for Minor Children

Pathways:

When a minor child is acknowledged by an Italian citizen as having Italian parentage, they automatically acquire Italian citizenship. This acknowledgment can occur through a formal process, recognizing the child’s lineage.

Judicial Ruling on Paternity/Maternity:

If a judicial ruling establishes the child’s Italian parentage, they become Italian citizens. The court’s decision confirms the child’s legal connection to an Italian parent.

Relevant Dates and Legal Basis:

• Law No. 91/92: This legislation outlines the principles governing Italian citizenship.
• Article 2, Paragraph 1: Specifically addresses the acquisition of citizenship for minors through acknowledgment or judicial rulings.

Expert Assistance

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