Italian citizenship is based on the principle of jus sanguinis (right of blood), whereby a child born of an Italian father or mother is Italian; however, it should be borne in mind that a citizen mother only transmits citizenship to her minor children as of 1.1.1948, as a result of a specific Constitutional Court ruling.
Currently, Italian citizenship is regulated by Law no. 91 of 5.02.1992 which, unlike the previous law, re-evaluates the weight of the individual will in the acquisition and loss of citizenship and recognises the right to hold more than one citizenship at the same time, without prejudice to the different provisions of international agreements.
As of 16.08.1992 (Law 91/1992 came into force), the acquisition of another citizenship no longer entails the loss of Italian citizenship. Those who acquired a foreign nationality after 31.03.2001 are no longer required to communicate this to the Italian authorities.
WAYS OF ACQUISITION OF ITALIAN CITIZENSHIP
AUTOMATIC WAYS OF ACQUISITION
1. Birth
The minor child of an Italian citizen is automatically Italian regardless of the place of birth.
The birth certificate must be submitted by the parent to the Consulare office for registration in Italy.
Citizenship is acquired by birth (also abroad) by paternal derivation (without generation limits) or by maternal line (only if born after 01.01.1948).
2. Birth on Italian territory
– in any case in which the parents are unknown or stateless or do not transmit their nationality to the child according to the law of the State to which they belong;
– in the event that the child of unknown persons is found abandoned on Italian territory and its status civitatis cannot be determined.
3. Acknowledgement of paternity or maternity
During the child’s minor age (if the recognised child has reached majority, the latter’s election of nationality is required within a year from the recognition).
4. Adoption
Citizenship by adoption is acquired both when the foreign child is adopted by an Italian citizen by an order of the Italian Judicial Authority, and when the adoption is delivered abroad and made effective in Italy by an order (issued by the Juvenile Court) of registration in the Civil Status Registers.
If the adoptee is of age, he may acquire Italian nationality by naturalisation, after a period of legal residency in Italy of five years following the adoption (see “Naturalisation” below).
WAYS OF ACQUISITION ON APPLICATION
1.Declaration of will of the interested party
If the foreigner is a descendant of an Italian citizen by birth (up to the 2nd degree), he may obtain nationality if (alternatively)
– performs military service in the Italian Armed Forces;
– takes up public employment with the State, including abroad;
– has been legally residing in Italy for at least two years upon reaching the age of majority.
If the foreigner was born on Italian territory, he may obtain citizenship if he resides legally and uninterruptedly in Italy from birth until he reaches the age of majority.
2. Marriage with an Italian national
A foreign woman who married an Italian national before 27 April 1983 automatically acquires Italian nationality and retains it even after the death of her Italian spouse or divorce from her Italian spouse, provided this occurred after 27 April 1983.
For those who got married after 27 April 1983, the acquisition of Italian nationality by the foreign spouse (man or woman) can occur by application of the concerned person.
Law n° 94 of 15.07.2009 introduced some modifications with regard to the application and requirements.
The application may be presented by the foreign spouse after two years from the date of the marriage, if he resides in Italy, or after three years if he resides abroad (the deadlines are reduced by half in the presence of children born from the marriage or adopted by the spouses).
The marriagebond must remain in place at the time of the approval of the acquisition of citizenship. The necessary requirements must be proven by certification. Self-certification is not allowed.
A contribution of €250.00 is requested.
A list of the necessary documentation to be attached to the application is provided upon request.
3. Introduction of language requirement for applications for Italian citizenship by marriage (under art. 5, Law 91/1992)
Following the entry into force of Law No. 132 of 2018 converting DL 113/2018, the foreign citizen applying for Italian citizenship by marriage (Art. 5 of Law No. 91 of 1992) must demonstrate possession of an adequate knowledge of the Italian language, not less than level B1 of the Common Framework of Reference for Languages.
This knowledge must be demonstrated through the presentation of a qualification issued by an authorised education institution a certificate issued by a certifying body.
Certification bodies belonging to the CLIQ (Certificazione Lingua Italiana di Qualità) unified certification system are included in this category:
– The University for Foreigners of Siena;
– The University for Foreigners of Perugia;
– The University of Roma Tre;
– The Dante Alighieri Society.
4. Naturalisation
Citizenship by naturalisation can be acquired after ten years of legal residence in Italy, subject to the following conditions
– sufficient income;
– absence of criminal record;
– renunciation of nationality of origin (where applicable).
The number of years may be shortened to:
– three years of legal residence for descendants of former Italian citizens by birth up to the second degree and for foreigners born on Italian territory;
– four years of legal residence for citizens of an EU Member State;
– five years of legal residence for stateless persons and refugees, as well as for foreigners of age adopted by Italian citizens;
– seven years of legal residence for a person adopted by an Italian citizen;
No residency period is required for foreigners who have served the State for a period of at least five years, also abroad.
The naturalisation application must be addressed to the President of the Republic and submitted to the Prefecture of the Province of residency.