Among the various ways of obtaining Italian citizenship, that of residency is surely the most commonly used. But what requirements are needed? And how can it be requested? Let’s see together.
Indice
- Cos’è la cittadinanza italiana per residenza?
- Quali sono i requisiti principali?
- Lo straniero nato in Italia ha delle agevolazioni per l’ottenimento della cittadinanza italiana?
- È necessario dimostrare un reddito?
- Sulla conoscenza della lingua italiana
- In sintesi: qual è la documentazione necessaria per presentare la domanda?
- Cosa accade dopo la presentazione della domanda?
- Quanto tempo ci vuole per ottenere la cittadinanza?
- Qual è l’ultimo passaggio in caso di esito favorevole?
- Qualche curiosità in più
- Perché rivolgersi a un avvocato esperto di immigrazione a Bologna?
1. What is Italian citizenship by residency?
Recognition of Italian citizenship through residency is regulated by article 9 of law 91 (5 February 1992) and is a possibility conceded to the foreigner who has regularly resided in Italy for a determined number of years, demonstrating integration and absence of dangers for the safety of the State.
2. What are the principal requirements?
The requirements change according to the personal situation and nationality of the person making the request. Generally, the foreigner can request Italian citizenship after:
- 10 years of legal and continuous residency for non-EU citizens (art. 9 letter f)
- 4 years of legal and continuous residency for EU citizens (art. 9 letter d)
- 5 years of legal and continuous residency for stateless persons (art. 9 letter e) and political refugees (art. 16 c. 2)
- 5 years of legal and continuous residency by adoption in the case of an adult foreigner adopted by an Italian citizen (art. 9 letter b)
- 5 years of legal and continuous residency after a parent obtains citizenship for adult children of a foreign citizen who has acquired Italian citizenship (naturalized)
- 3 years of legal and continuous residency for the foreigner whose father or mother or one of the ascendants in direct line of second degree have been citizens by birth (art. 9 letter a).
- 3 years of legal and continuous residency for foreigners born in Italy (art. 9 letter a)
- 5 years of service, also abroad, as a dependent of the State (art. 9 letter c).
At any rate, the concession of citizenship is subordinate not only to the regularity of the stay, but also requires the possession of sufficient income (stable and adequate over the last three years), an adequate knowledge of the Italian language at a level not inferior to level B1, and the absence of criminal convictions and social danger.
3. Are there concessions for the foreigner born in Italy?
Yes. Foreigners born in Italy, resident here continuously since birth, can present the request for citizenship when they reach 18 years of age, with the time requirement reduced to 3 years. It is important that uninterrupted residency always be maintained.
4. Is it necessary to demonstrate an income?
Absolutely. Interested persons must present an earnings statement regarding the 3 years preceding the request. The minimum amount required, depending on how many members of the nuclear family there are, is equal to about € 8,263 for a single requesting person (amount updated annually), increasing to €11,362.05 taxable earnings in the present of a dependent spouse, and a further € 516 for each dependent child. In the case of low incomes, earnings of spouse or co-habiting family members can be accumulated, by contextually attaching them to the request.
5. Regarding knowledge of the Italian language
In order to be able to request Italian citizenship, it is necessary to have an adequate knowledge of the Italian language. The minimum level L2/B1 of the common European framework of reference for knowledge of the language (QCER) is required.
This can be demonstrated by way of:
- Title of study released by an institute of public or equivalent instruction in Italy or abroad recognized by the MIM, MUR, or MAECI, beginning with the primary grade of secondary school
- Language certification of level L2/B1 of the QCER released by one of the certifying entities recognized by the Ministry of Foreign Affairs:
- Università degli studi di Roma Tre —CERT:IT
- Unviersità per stranieri di Perugia —CELI
- Università per stranieri di Siena —CILS
- Società Dante Alighieri —PLIDA
- Unversità per stranieri Dante Alghieri di Reggio Calabria
To obtain linguistic certification, one can also ask for information from a CPIA (Centri Provinciali Istruzione Adulti).
At any rate, in some specific cases exemption from the obligation of demonstrating knowledge of the Italian language is allowed. This is the case, for example, of the owner of an EU permit to stay for long periods of time (in terms of art. 9 of the T.U.I.), or for someone who presents a relevant certification released by a public health service attesting to the existence of serious limitations to the capacity for language learning, deriving from age, pathology, or disability.
6. In summary: What is the necessary documentation for presenting the request?
The request is presented online at the Ministry of the Interior portal if all the required documents are available:
- Birth certificate translated and legalized/apostilled by the Embassy/Consulate of the country of origin
- Penal certificate from the country of origin, translated and legalized/apostilled (in the case of residence in countries different from those of origin it is necessary to also request the penal certificate from the town of residence)
- Permit to stay and Italian identity document (European citizens, in place of the permit to stay, must show attestation of permanent presence released by the town of residence)
- Fiscal code
- Earnings declaration (or earning document such as CU or CUD) for the last 3 years
- Certificate of knowledge of the Italian language (level B1 or superior)
- Receipt of payment of the contribution of € 250
- Tax stamp of € 16
It is important to remember that the validity of a penal certificate emitted by a foreign country is 6 months.
7. What happens after presentation of the request?
Once presented, the request is examined by the competent Prefecture, that handles the verification of the possession of the foregone requirements.
If documents are lacking, the requester will receive, at the email address indicated in the request, a notification of refusal with the precise indication of the irregularity found (for example, lack of the apostille on the birth certificate). In such cases, re-presenting the request is advisable, furnishing it with the correct documentation, without having to again pay the unified contribution and the tax stamp.
Once this phase has been positively overcome, the Prefecture will acquire the opinion of the competent Questura, with reference to the possible existence of preceding crimes or other impeding motivations. If at this point irregularities are found, the Administration will arrange for sending a warning of rejection, in terms of art. 10-bis of Law 241/1990, assigning to the person requesting a limit of 10 days for the presentation of observations or integrations.
8. How much time does it take to obtain citizenship?
The maximum time called for by the current regulation is 3 years from the presentation of the request (in terms of DL 130/2020). Still, in practice, the times are often longer. In case of unjustified delays, it is possible to send a formal solicitation or present an appeal for default of silence at the competent TAR (regional administrative tribunal).
9. What is the last step in case of a favorable outcome?
The Ministry of the Interior emits a decree of concession of citizenship, which is sent to the requesting person. Within 6 months of notification, the new citizen should take an oath of allegiance to the Italian Republic in front of the Civil Status Official at the town of residence. Only after this oath has been made, is Italian citizenship considered to have effectively been acquired.
10. Some additional curiosities
Absence of interruptions in residency is fundamental. Even a late registry or a temporary expulsion can lead to the loss of the right. It is however possible to bridge the gaps in residency. In this case it is advisable to resort to a professional.
If the requesting person changes residency during the period of investigation, the request still remains valid, but the times involved could be extended. Furthermore, in such a case, all the beginning and ending dates at each new residency address must be included.
Co-habiting minors can automatically obtain citizenship at the moment of their parents’ oath of allegiance.
If the surname indicated on the identity document does not coincide with the one reported on the birth certificate, appropriate documentation must be attached attesting to the name change (for example, a marriage certificate showing that at the moment of marriage, the surname had been changed).
11. Why should you consult an immigration lawyer?
An experienced immigration lawyer can provide legal advice and assistance—both in and out of court—in many areas of a foreign national’s life, including applications for residence permits and Italian citizenship.
Integra – immigrazione, lavoro e diritti offers a wide range of services and has offices in Bologna (Via Cesare Battisti 33) and Pesaro (Viale della Vittoria 161).
