How to become an Italian citizen.
A. Acquisition by birth
B. Acquisition by recognition or declaration of paternity while child is
a minor
C. Acquisition by a foreign minor by a result of the parent's acquisition
or reacquisition of citizenship
D. Acquisition on the part of an adopted child
E. Acquisition (by law) by a foreigner or stateless person one of whose
parents or grandparents was Italian by birth.
F. Acquisition (by benefit of law) as a result of being born in Italy
G. Acquisition by Marriage
H. Acquisition by naturalization
I. Last but not least
J. Citizenship law
of Italy
The main way of acquiring citizenship is ius sanguinis i.e. being
the child of Italian parents. Ius soli i.e. being born in Italy, is far less important,
and only ensures that someone has some nationality. In other cases, acquiring citizenship
is never automatic, but is dependent on objective links between the individual and the
country.
Put schematically, the various alternatives are as follows:
A) Acquisition by birth
The following are Italian citizens by birth:
a) the child of an Italian father or mother. Equality between male and female in the
transmission of citizenship was brought in by a Constitutional Court decision no. 30 of 28
January 1983 (though it has been argued that this should only apply to women born after 1
January 1948, the date the Constitution was introduced - but this seems to stretch the
point a bit).
b) anyone born in Italy if both parents are unknown or stateless (apolidi), or if the
child's nationality does not follow that of the parents if born outside the country in
question (i.e. if it applies only ius soli). The question is controversial, however.
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B) Acquisition by recognition or declaration of paternity while
child a minor
1. If an Italian natural father or mother recognizes or declares their paternity or
maternity before the child reaches the age of majority (18), then the child acquires
citizenship, backdated to birth.
2. If the child is over 18 years of age when recognized by an Italian parent, then he/she
retains his/her original nationality, but within a year of recognition can elect for
Italian citizenship.
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C) Acquisition by a foreign minor as a result of the parents’
acquisition or reacquisition of citizenship
Minor children living stably with a parent who acquires or reacquired Italian citizenship
also becomes Italian, but on reaching the age of 18 can renounce it if in possession of
another citizenship.
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D) Acquisition on the part of an adopted child
A foreign minor adopted by an Italian citizen automatically acquired Italian citizenship
and retains it, except in cases of dual nationality, even in the event that the adoption
is revoked by the adopting parents. Acquisition takes place by right when the adoption
decree is issued.
E) Acquisition (by law) by a foreigner or
stateless person one of whose parents or grandparents was Italian by birth.
A foreigner or stateless (apolide) person whose mother or father or one of whose direct
ancestors to the second degree (i.e. grandparents) was an Italian citizen at birth becomes
an Italian citizen:
a) if the person does military service for the Italian State having declared that he wants
to become Italian (at the Internal Ministry’s discretion, military service is
effectively performed once national service (“ferma di leva”) has been done in
the Italian Armed Forces or if an equivalent service is rendered either in Italy or
abroad. (Nowadays, this should include non- military service done by a conscientious
objector.) Citizenship is acquired the day after military service is completed.
b) if the person works fulltime for the State, even abroad, and declares that he wants to
acquire Italian citizenship.
c) if on reaching the age of 18 the person has been living legally in Italy for at least
two years, and declares before their 19th birthday that they want to become Italian.
According to the Internal Ministry, this period of legal residence has to continue without
interruption up to the person’s 18th birthday and up to the date of the declaration.
Red tape: such declarations have to be made by the person concerned before the “civil
state officer” (Ufficiale di stato civile) at the person’s Comune, producing the
following documents: birth certificate (atto di nascita), certificate of citizenship,
certificate of Italian citizenship of the father, mother or grandparents, the birth
certificate extract (estratto di atto di nascita) of the ancestor who emigrated from
Italy, issued by the Comune of birth, the birth certificates (with sworn translation into
Italian) of all the ancestor’s direct descendants, the wedding certificates (atti di
matrimonio) of the direct descendants of the ancestor, including that of the parents of
the foreigner making the application, as well as documentation showing either the
existence of the individual’s employment by the State or their legal residence in
Italy for two years (i.e. of iscrizione anagrafica, signed up at the Comune).
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F) Acquisition (by benefit of law) as a result of being born in
Italy
A foreigner born in Italy (of non-Italian parents, obviously) who has then lived legally
in Italy without interruption up to their 18th birthday can become a citizen if they
declare that they want to acquire citizenship before they turn 19.
Red tape: the declaration has to be made in person to the Ufficiale di stato civile
presenting a birth certificate and the documentation showing residence in Italy.
G) Acquisition by marriage
The foreign or stateless spouse of an Italian citizen can acquire Italian citizenship if
they have been living legally in Italy for at least six months, or otherwise after three
years of marriage, providing the marriage has not been annulled in the meantime and the
couple is not divorced or legally separated. Since the introduction of Law 91/1992,
foreign wives of Italians are no longer obliged to adopt the husband’s nationality.
Red tape: application has to be made by the foreign spouse to the Mayor of the town where
they live (Sindaco del Comune di residenza), or to the competent Italian consular
authority abroad, in writing (five copies of which the original on official L. 15,000
stamped paper (carta bollata da L. 15.000) and 4 photocopies) addressed to the Internal
Ministry, indicating the following:
i) own details: surname, first name, sex, date and place of birth, names of father and
mother, marital status, name and date of birth of each child living with the spouse,
complete address of place of residence, educational qualification (titolo di studio) and
date/place of graduation, profession, nationality (or fact that one is stateless), date of
marriage with Italian citizen.
ii) details of the Italian spouse: surname, first name, sex, place and date of birth.
iii) request to acquire Italian citizenship in accordance with art. 5 of Law no. 91/1992.
iv) a declaration that one does not have a criminal record either in Italy or abroad, nor
that there are criminal proceedings pending. Otherwise, details have to be given.
v) a declaration of all of the places (with full address) where one has been officially
resident during one’s period of residence in Italy.
vi) a declaration of every place of residence abroad from the age of 14 onwards. vii) a
declaration of the dates when one has moved in and out of Italy.
The application has to be dated and bear the authenticated signature of the applicant. At
the foot of the application there has to be a list of all of the documents attached. In
fact, all of the following documents have to be attached (in 5 copies of which the
original in bollo di L. 15.000 and 4 photocopies). The documents have to be dated not more
than 3 months previously for those issued in Italy and not more than 8 months previously
if issued abroad. Care should therefore be taken to ensure that certain documents do not
expire before the others are obtained.
The documents required are as follows:
a) birth certificate (atto di nascita)
b) residence certificate (certificato di residenza)
c) marriage certificate (estratto per riassunto dei registri di matrimonio) issued by the
Italian comune where the wedding was registered or transcribed
d) certificate of family status or equivalent (notarial deed that the marriage has not
been annulled or that the couple is not legally separated)
e) criminal record, or lack of one (certificato generale del casellario giudiziale)
obtained from the Procura della Repubblica at the local Court
f) certificate of outstanding criminal proceedings (certificati dei carichi pendenti)
issued by the Procura at the Court and by the Procura at the Pretura
g) certificate showing the spouse’s Italian citizenship
h) authenticated photocopy of the foreign spouse’s up-to-date permit to stay
(permesso di soggiorno aggiornato)
i) photocopy of all written pages of the applicant’s foreign passport authenticated
by the notary or by the foreign consulate concerned
j) penal certificate issued by the country of origin, translated and legalized by the
Italian consular authority abroad (ask your consulate here in Italy for assistance if your
country of origin does not normally issue this type of documentation)
k) a formal request to your own diplomatic authority in Italy, asking them to provide the
Italian Ministry of Foreign Affairs any details they may need to evaluate your application
l) photocopy of your latest tax declaration authenticated by a notary or a substitute
declaration in which the applicant states that the photocopy being presented is a copy of
the tax return that was filed with the tax authorities; if copy of the tax return is not
attached, a substitute declaration has to be made showing the amount and nature of your
income. All documents in a foreign language have to be accompanied by a sworn translation
on stamped paper (L. 15,000).
The communal or consular offices forward the application to the Internal Ministry, which
asks the opinion of the Ministry of Foreign Affairs before granting (or refusing with
motivation) citizenship by means of a decree. The decision - one way or another - has to
be taken within 3 years of the documentation being presented, and the decision has to be
communicated to the applicant within 90 days.
As you can see, you really have to want Italian citizenship to go through this ordeal!
H) Acquisition by naturalisation
1. Italian citizenship can be granted by a decree of the president of the Republic, after
hearing the opinion of the Council of State, on the proposal of the Internal Ministry, to
the following categories of foreigners:
a) a foreigner whose father or mother or a grandparent was Italian by birth or who was
born in Italy and, in both cases, has lived there legally for at least three years;
included in this category are those who belonged to the Austro-Hungarian Empire and who
emigrated abroad prior to 16 July 1920 and their direct descendants.
b) a foreign adult adopted by an Italian citizen who has lived legally in Italy for at
least five years after the adoption.
c) a foreigner who has worked for the Italian State, here or abroad, for at least five
years.
d) in general, any EC citizen who has lived legally in Italy for at least four years.
e) in general, any stateless foreigner or refugee who has lived in Italy for at least five
years.
f) in general, any non-EC citizen who has lived legally in Italy for at least ten years.
Note that granting citizenship is extremely discretional. The authorities not only check
that the applicant has all of the formal prerequisites, but also that he or she is the
type of person they think should be allowed to become an Italian citizenship, which
includes matters such as financial independence and fiscal probity (though some might
argue that this should rule you out). The Citizenship Department of the Internal Ministry
currently reckons that citizenship would not be granted to anyone with an income lower
than the amounts below which exemption from health contributions is granted: L. 16 million
if single, L. 22 million if married plus 1 million for each dependent child.
Red tape: application has to be made to the Prefettura of the province where you live (on
stamped paper L. 15,000) directed to the President of the Republic, indicating the
following:
i) own details: surname, first name, sex, date and place of birth, names of father and
mother, marital status, name and date of birth of each child living with the spouse,
complete address of place of residence, educational qualification (titolo di studio) and
date/place of graduation, profession, and (if applicable) the date of recognition of
refugee status.
ii) a request to acquire Italian citizenship in accordance with art. 9 para. 1 of Law no.
91/1992 (specifying the letter a) - f) as above that applies to the applicant’s
specific case).
iii) a declaration that one does not have a criminal record either in Italy or abroad, nor
that there are criminal proceedings pending. Otherwise, details have to be given.
iv) the reasons for the request.
v) a declaration of all of the places (with full address) where one has been officially
resident during one’s period of residence in Italy.
vi) a declaration of every place of residence abroad from the age of 14 onwards.
vii) a declaration of the dates when one has moved in and out of Italy.
The application has to be dated and bear the authenticated signature of the applicant. At
the foot of the application there has to be a list of all of the documents attached, as
follows:
a) birth certificate (atto di nascita) with mother’s and father’s details as
well
b) certificate of family status (certificato di situazione di famiglia)
c) penal certificate issued by the country of origin (see comments above)
d) certificate showing residence for 5 or 10 years (in bollo L. 15,000)
e) copy of permit to stay, authenticated by the Questura
f) attestation (in bollo L. 15,000) from the local tax office regarding the
applicant’s declared income
g) criminal record, or lack of one (certificato generale del casellario giudiziale)
h) certificate of outstanding criminal proceedings (certificati dei carichi pendenti)
i) authenticated copy of passport (original document or authenticated photocopy has to be
accompanied by an official translation into Italian, certified as being in compliance with
the foreign language text by the diplomatic and consular authorities or by an official
translator).
It has been said that all of the prerequisites for naturalisation have to exist and
continue to exist up to the time that the person taking citizenship takes the oath
(giuramento), which has to take place before the Ufficiale di stato civile of your Comune
in Italy or before the Italian Consul if abroad, within six months of the decree being
issued. In any case, the requisite of legal residence means that the person has to live in
Italy on a continuous basis for the period required.
Citizenship comes at a price. Quite apart from all of the documents, translations and
bolli that will have been paid up to this stage, a further payment has to be made of L.
120,000 either by means of tax stamps (marche da bollo) or by paying into an post office
account in the name of the Ufficio del registro-tasse e CC.GG. Roma.
If you really want Italian citizenship, but you don’t fulfil
all of the above prerequisites, there is one other way that the State can grant
citizenship, that is if a foreigner has rendered “eminent services” to Italy or
if there is an “exceptional interest” in doing so to the State.
Disclaimer:
Articles in this series were considered accurate at the time of going to press. They have not been updated since for eventual changes in the law, nor does the publisher accept any responsibility arising from use of this information which is offered in good faith for your benefit. You are advised to subscribe to The Informer for updates and to seek professional advice in specific cases.