Giambrone Law: Path To Italian Citizenship

Italy is a desirable country for many individuals and families, and becoming an Italian citizen can be a lengthy and detailed process. There are several ways to obtain Italian citizenship, including by descent, marriage, and naturalisation. Giambrone Law specialises in helping people obtain Italian citizenship and has successfully helped clients overcome significant complications.

Italian citizenship by descent (Jure Sanguinis)

Jure Sanguinis, or "right of blood", is the Latin term for "by descent" and is used to describe the acquisition of citizenship by birthright. Italian citizenship by descent is possible for individuals born to Italian parents, grandparents, or great-grandparents (there is no upper limit in terms of generations).

Italian citizenship through descent can also be granted through the maternal line for those born after 1st January 1948. Before this date, Italian women could not pass on citizenship to their children, and only men could transfer citizenship without limit to the number of generations.

To qualify for Italian citizenship by descent, you must prove that your Italian ancestor was an Italian citizen or had the right to claim Italian citizenship when they were born. This blood right citizenship can then be passed on to future generations.

There are four requirements that must be met to be eligible for Italian citizenship through descent:

• The applicant must be born to an Italian citizen parent or to a parent who has the right to Italian citizenship "jure sanguinis".
• The applicant must be in direct blood lineage, and at least one of the applicant's most recent Italian-born ancestors did not naturalize as a citizen of another country before the birth of the Italian-born ancestor's child in the applicant's bloodline.
• The applicant's mother was Italian, and the child was born after 1st January 1948.
• Ancestors who naturalized before 14th June 1912 are unable to transfer their citizenship, even to children born before they naturalized.

According to the Italian Ministry of Interior, there is no limit to the number of generations that can claim citizenship by descent, but the relative who immigrated from Italy must have died after 17th March 1861. Any person who died before this date is not considered a citizen as Italy was not yet a unified nation.

To apply for Italian citizenship by descent, you must visit the Italian Consulate with legal authority over your current place of residence.

Italian citizenship by marriage

Marriage to an Italian citizen is one of the routes to obtaining Italian citizenship. This process is also known as "Jure Matrimonii". The foreign spouse of an Italian citizen can apply for citizenship, but there are several conditions that must be met.

Requirements

• The marriage must have been registered at the Town Hall in Italy.
• The Italian spouse must be registered as an Italian Citizen Residing Abroad (A.I.R.E.).
• The marriage must be viable throughout the application process.
• The non-Italian spouse must have lived in Italy for at least two years after the marriage, or three years if residing abroad. This time is reduced to one year if the couple has children under 18.
• The non-Italian spouse must be able to speak Italian to an intermediate standard (B1 level).
• The non-Italian spouse must not have been found guilty of any serious criminal activity or be deemed a threat to national security.
• The marriage must be valid in the Italian legal system and registered with the competent Italian Municipality.
• The non-Italian spouse must not have been convicted of any offences carrying a sentence of more than three years' imprisonment or any non-political offences carrying a sentence of over one year.
• There must be no convictions for offences against the State of Italy.
• The non-Italian spouse must pay a fee of €250.

Application Process

The application process for Italian citizenship by marriage is as follows:

• Register on the Italian Ministry of Interior's website and create an account on the Ministero Dell'Interno website.
• Submit an online application and upload copies of the necessary documents.
• Make an appointment with the local consulate/prefettura to review your application and submit original documents.
• Attend the appointment and submit original documents.
• Wait for a response from the consulate.
• If the application is approved, attend a citizenship ceremony and take an Oath of Allegiance.

Processing Time

According to Law Decree Oct. 4, 2018, n. 113, the processing time for applications for Italian citizenship by marriage is 48 months from the date the application is accepted.

Additional Information

It is important to note that marriage is not the only route to obtaining Italian citizenship. Citizenship can also be acquired through descent, naturalization, or civil union. Seeking legal advice from an expert immigration lawyer is recommended to ensure a smooth application process.

Italian citizenship by residency/naturalisation

Italian citizenship by residency or naturalisation is one of the three primary ways to obtain Italian citizenship, the other two being by descent and by marriage. This route is less commonly discussed and is considered the most complex way to gain Italian citizenship.

To apply for Italian citizenship by residency, you must meet the following requirements:

• Proof of Residency: You must have been a legal resident of Italy for a certain period of time. If you are a non-EU citizen, you need at least 10 years of legal residency. If you are an EU citizen, you need a minimum of four years. There are exceptions where the residency period is shorter. For instance, if you have Italian parents or grandparents, or if you were born in Italy, you only need three years of legal residency.
• Italian Language Competency: You must have a minimum of B1-level Italian language skills. You can obtain a language certificate from one of four certification bodies: the Dante Alighieri Society, the University for Foreigners of Siena, Roma Tre University, or the University for Foreigners of Perugia.
• Minimum Income: You must meet the minimum income requirements and provide evidence, such as bank statements. Over the last three years, your annual income must be at least €8,263.31. For married applicants, the annual income must be at least €11,362.05, with an additional €516.46 required for each dependent child.

The application for Italian citizenship by residency can be found on the Italian Ministry of the Interior's official website. You will need to complete several fields and upload scanned copies of the required documents. The processing time can take up to 24 months, and if your application is successful, you will be notified to provide original copies of the documents to your local prefecture ("Prefettura").

Benefits of Italian Citizenship

Italian citizenship, especially for UK citizens, has become more desirable due to the ability to retain advantageous rights within the European Union, such as free movement, settlement, and employment across EU countries. Other benefits of Italian citizenship include:

• The ability to work and reside in Italy and other EU countries without a visa.
• Access to medical benefits, including free healthcare.
• Access to educational benefits, including potentially free higher education.
• Easier path to buying property in Italy.
• Automatic transfer of Italian and EU citizenship to children under 18 years old.

Dual citizenship

The benefits of Italian dual citizenship include flexible travel in the EU, the ability to vote, and access to a wider range of job opportunities in Italy. Italian citizenship also grants access to the Italian education system, which is largely free or low-cost and world-renowned.

There are several ways to qualify for Italian dual citizenship:

• Descent from Italian parents or ancestors: This is often referred to as 'jus sanguinis' or 'right of blood'. Citizenship can be claimed by those with Italian parents or ancestors, with no limit on the number of generations for male ancestors. For female ancestors, citizenship can be claimed for those born after 1 January 1948.
• Marriage to an Italian citizen: The marriage must have lasted for at least two years while living in Italy or one year if there are minor children. The foreign spouse must also have intermediate-level proficiency in Italian (B1 level).
• Naturalisation: An individual can become an Italian citizen if they have lived in the country with a legal visa for over ten years.

The application process for dual citizenship can be lengthy and complex, and it is recommended to seek assistance from an immigration specialist to ensure a higher chance of success. The Italian government imposes a fee of approximately 300 euros for all dual citizenship applications.

Citizenship through acknowledgement or legitimation

Italian citizenship can be acquired through the acknowledgement or legitimation of an Italian mother or father. This means that children can gain Italian citizenship if they are acknowledged by or legitimated to an Italian citizen. This is one of the ways in which Italian citizenship can be acquired through descent, or "jure sanguinis" (blood right).

According to Article 2, paragraph 1, of Law No. 91/92, a minor who is acknowledged by an Italian citizen to be of Italian parentage or is declared to be of Italian parentage through a judicial ruling on paternity/maternity is an Italian citizen. This law attaches particular importance to the acquisition of citizenship when minors as a result of:

• Acknowledgement of paternity/maternity or judicial ruling on paternity/maternity
• Parent's naturalisation

If the acknowledgement or judicial ruling regards adults, they acquire Italian citizenship only if they express their will to do so within a year of the ruling by means of a "choice of citizenship" (Article 2, paragraph 2, of Law No. 91/92). In this case, the following documents are required:

• Birth certificate (for exactly identifying the person concerned)
• Acknowledgement certificate or certified copy of the ruling with which paternity or maternity is declared
• Parent's citizenship certificate

It is important to note that the judicial ruling of acknowledgement of parentage may be made abroad, and in such cases, the one-year period for making the declaration to choose citizenship is calculated from the date on which the foreign ruling is made effective and binding in Italy.

Transmission of Italian Citizenship through Maternal Lineage

It is important to note that the transmission of Italian citizenship through the maternal line is possible only for children born after January 1, 1948, which is the date of entry into force of the Constitution. This is due to a decision by the Supreme Court that stated the previous provision, which allowed transmission of citizenship through the female line only from 1948 onwards, was contrary to the principles of equality.

Frequently asked questions