When couples navigate the complex waters of marriage, the issue of citizenship can often emerge as an important consideration, especially for those seeking Italian citizenship through their marital ties. However, the dissolution of a marriage through divorce can introduce a myriad of uncertainties about the status of one’s citizenship. For spouses who have acquired or are in the process of obtaining Italian citizenship through marriage, understanding the implications of divorce is crucial. Italian law outlines specific conditions for maintaining or losing citizenship after a divorce, which we’ll explore in depth in this article.
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Italian legislation on citizenship and divorce
Italian citizenship by marriage is regulated by articles 5, 6, 7, and 8 of Law 91 of February 5, 1992. They provide a clear framework for individuals seeking citizenship through marriage. This process is also known as “Jure Matrimonii”.
According to Italian legislation, a spouse who has obtained citizenship through marriage does not lose their citizenship if the marriage ends in divorce. However, if the individual is still in the process of obtaining citizenship when the divorce occurs, the situation becomes more complex. Let’s delve into these scenarios in more detail.
Maintaining Italian citizenship after divorce
For spouses who have already been granted Italian citizenship, the good news is that once citizenship is legally conferred, it cannot be automatically revoked due to a subsequent divorce. Citizenship, once granted, remains intact regardless of changes in marital status. This provision provides a sense of security for those who have successfully navigated the bureaucratic process and acquired their new nationality.
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Furthermore, it’s important to note the requirement regarding the duration of the marriage before citizenship is granted. The couple must have been married for at least two years if they reside in Italy or three years if they reside abroad. This period is halved if the couple has children together. This requirement ensures that the marriage is genuine and stable, thus supporting the spouse’s request for citizenship.
Citizenship in process during divorce
If a couple decides to divorce while the non-Italian spouse is still in the process of obtaining Italian citizenship, the situation becomes more complicated. According to Italian law, the process can be interrupted if the divorce occurs before the citizenship is officially granted. This is because the basis for the citizenship application was the marital relationship, and the dissolution of that relationship undermines the foundation of the application.
For individuals who find themselves in this predicament, it is vital to understand that divorce before the conclusion of the citizenship process is typically seen as an impediment. The rationale here is straightforward: the marital bond, which served as the basis for the citizenship application, no longer exists, thereby invalidating the grounds for citizenship.
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Judicial process for citizenship and divorce
In some cases, individuals opt for the judicial process to obtain citizenship in order to bypass the often lengthy queues. This judicial route can sometimes offer a faster resolution, but it is not without its complexities. However, if the citizenship application is based on jus sanguinis (right of blood), a divorce does not affect the case. Jus sanguinis applications are based on the individual’s lineage rather than their marital status, thus the divorce does not impact the legitimacy of the application.
Given these nuances, seeking the guidance of an attorney who specializes in Italian citizenship is crucial. Legal experts can help navigate the intricate legal landscape and provide tailored advice on how divorce might impact the citizenship process.
Retaining citizenship in case of divorce
For those who have already become Italian citizens, retaining citizenship post-divorce is generally straightforward. Once citizenship has been granted, it is considered an acquired right that cannot be revoked simply because of a change in marital status. This provision holds as long as the citizenship was legally granted and the marriage was not deemed fraudulent.
However, in rare cases, Italian authorities can revoke citizenship if it is proven that the marriage was fraudulent or conducted solely for the purpose of obtaining citizenship. Such cases are exceptional and require substantial evidence to prove fraudulent intent. For most individuals, the assurance that citizenship cannot be taken away after a divorce provides a significant sense of security and stability.
Impact on the couple’s children
When a couple has minor children, it’s natural to be concerned about how the divorce might affect their citizenship status. In cases where children have acquired Italian citizenship through jus sanguinis (right of blood), the divorce does not impact their status. The children retain their citizenship regardless of the parents’ marital status. This provision ensures that the rights and privileges associated with citizenship are preserved for the children, providing them with the stability and continuity needed during such transitional times.
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The importance of legal guidance
Every case of divorce and citizenship is unique, with its own set of circumstances and legal considerations. Therefore, it is essential to seek legal advice to understand how divorce can impact Italian citizenship, particularly if the process is still ongoing. Legal experts can provide invaluable guidance, helping individuals navigate the complexities of citizenship law and protect their rights.
Are you navigating a divorce and concerned about your Italian citizenship? At io.citizen, we can help you understand your rights and ensure that your status is not compromised. Speak with us for a specialized consultation and explore your legal options.
