Recognition of Italian citizenship by way of marriage is provided for in Article 5 of Law 91 of 5 February 1992. This is a right recognized for spouses of Italian citizens who are not legally separated or divorced and are not a danger to the safety of the State.
Indice
- What are the main requirements?
- Can the foreigner who has entered into civil union with an Italian citizen request citizenship?
- Do the spouses need to have the same residence?
- What documentation is needed in order to submit the application for citizenship?
- What happens after submitting the application?
- How long does it take to get citizenship?
- What is the last step if there is a favorable outcome?
- A few more interesting points
- Why Consult an Expert Immigration Lawyer in Bologna?
1. What are the main requirements?
First of all, the foreign spouse of an Italian citizen can request citizenship after two years of legal, continuous, and uninterrupted residence in Italy, or three years from the date of the marriage if the person resides abroad. In the presence of children born to or adopted by the spouses, however, these times are reduced by half. If the marriage was celebrated abroad, the act must be transcribed in the registers of civil status of the Municipality of residence. Finally, the granting of citizenship is subject to possession of an adequate knowledge of the Italian language, at a level of not less than B1, and the absence of criminal convictions or social danger. In the event that, on the other hand, the applicant has had a criminal sentence or is subject to a criminal proceeding, the Prefecture may decide not to grant citizenship. In the event that the applicant has been convicted of a criminal offense or is undergoing a criminal proceeding, the Prefecture may decide not to grant citizenship.
2. Can the foreigner who has entered into civil union with an Italian citizen request citizenship?
Certainly. A foreigner who has entered into a civil union (union of two people of the same sex) with an Italian citizen, which is transcribed in the registers of civil status of the Italian Municipality of residence, has the right to obtain Italian citizenship. The requirements and documents requested are the same for both civil unions and marriages.
3. Do the spouses need to have the same residence?
The spouses can have two different residences, but the Prefecture may consider this choice as indication of an occurred separation. Therefore, it is advisable to adequately motivate the reasons underlying this necessity (e.g. workplace) and to produce suitable supporting documentation.
4. What documentation is needed in order to submit the application for citizenship?
The citizenship application form can be presented online on the portal of the Ministry of the Interior if there are all the requested documents:
- Marriage certificate (or civil union) translated and legalized by the Embassy/Consulate of the country of origin or copy of the full marriage act issued by the Italian Municipality if the certificate has been transcribed or if the marriage was celebrated in Italy
- Identification document
- Tax ID code
- Birth certificate, translated, legalized, and apostilled
- Criminal Certificate of the country of origin, translated, legalized, and apostilled
- Document certifying knowledge of the Italian language, level B1
- Payment of € 250 unified contribution and € 16 revenue stamp
It is important to remember that the validity of the documents issued by foreign countries is 6 months. These are the main documents required; however, additional documents may be necessary for completing the application. Therefore, it is advisable to consult a professional for proper guidance.
5. What happens after submitting the application?
Once the application is presented, the competent Prefecture will check that the predefined requirements have been met (marriage/union having taken place, legal and uninterrupted residence, knowledge of the Italian language), while the police headquarters will acquire information regarding the presence or absence of criminal convictions. If there are problems with the documentation, the public administration will send a rejection notice and the applicant will have 10 days to send observations and/or additions regarding the problems encountered.
6. How long does it take to get citizenship?
The expected time needed for applications submitted after 21 December 2020 is 3 years from the date of submission. In reality, the law speaks of 24 months extendable up to 36 months. Before 21 December 2020, the allowable time was 4 years. Often, however, it takes much longer. In such cases, one may consider sending a reminder application or an appeal against the silence, in order to speed up the procedure.
7. What is the last step if there is a favorable outcome?
Within 6 months from notification of the citizenship concession decree, the applicant must take the oath at the Municipal offices.
8. A few more interesting points
For weddings celebrated before 27 April 1983, a foreigner married to an Italian citizen automatically acquires citizenship as of the date of marriage, on the basis of Law 555/1912, in force at the time. In reality, the aforementioned law provided this possibility only for women, but after numerous constitutionally oriented rulings of the courts, it was also allowed for men.
If you are married to an Italian citizen enrolled in the A.I.R.E. (Register of Italians resident abroad), since you live abroad Italian citizenship can be requested at the Italian Embassy/Consulate in the country of residence (the modules are present on the website of the Ministry of Foreign Affairs). Furthermore, if you move abroad after the application has already been submitted, the application remains valid if you follow the procedures indicated by the Ministry.
9. Why Consult an Expert Immigration Lawyer in Bologna?
If the municipality, as has already happened several times, opposes registration in the civil registry despite the presentation of the cohabitation agreement, and the immigration office consequently refuses to issue a residence permit, it is necessary to initiate legal proceedings.
An attorney specializing in immigration law can provide legal advice and assistance, both in judicial and extrajudicial matters, in many aspects of a foreign national’s life, including citizenship applications and all related procedures.
Integra – Immigration, Work, and Rights offers a wide range of services and is located in Bologna, at Via Cesare Battisti No. 33, and in Pesaro at Viale della Vittoria No 161 .
