Home » BLOG EN MALTAWAY » tax legal expatriate international lawyer » How to apply for Italian citizenship

How to apply for Italian citizenship

What is citizenship

Citizenship is a link between a PERSON and a STATE with recognition of particular civil and social rights and duties and the enjoyment of political rights.

Citizenship is acquired at the moment of birth:

– IUS SANGUINIS or by descent from parents (as in Italy)
– IUS SOLI or linked to the territory where one is born (as in the USA)

If a child is born in Italy where ius sanguinis is in force, or abroad, from both Italian parents or at least one Italian, he/she acquires Italian citizenship.

On the other hand, if a child is born in Italy of two foreign parents, he/she does not immediately acquire Italian citizenship, unless he/she can acquire it later when he/she is of age if he/she meets the legal requirements.
If, on the other hand, a child is born in America, regardless of the citizenship of the two parents, he or she automatically acquires American citizenship by ius soli, i.e. as a consequence of birth on American soil.

One may also acquire a different citizenship after birth, either by keeping (if the state allows dual citizenship) or losing (if the state does not allow dual citizenship) or by renouncing one’s original citizenship by choice:

– by MARRIAGE with a person of a different nationality
– by NATURALISATION after a certain number of years of legal residency in a State and the fulfilment of other requirements provided by law.

In Italy, citizenship may also be acquired by adoption from Italian parents or by descent from Italian ancestors.

APOLIDS, on the other hand, are those who do not have the citizenship of any state. For example, in states where the mother cannot pass on citizenship to her children and the father is unknown or dead, or the children of stateless persons, refugees or citizens of states that have dissolved and created new states.

Citizenship should not be confused with residence. To put it simply, when one moves abroad, one can apply for a new residence in the new country both from the civil point of view, where one normally lives, and from the fiscal point of view, where one pays taxes.

However, to apply for citizenship in the new foreign country by naturalisation, a number of years of residence in the country must elapse, which differs from state to state.

Let us see how it is possible for a foreigner to apply for Italian nationality.

ITALIAN NATIONALITY BY MARRIAGE

You may apply for nationality :

after two years of legal residency in Italy after marriage or from the date of the acquisition of Italian nationality by naturalisation by the spouse;
if residing abroad, after three years following marriage or from the date of acquisition of Italian nationality by naturalisation by the spouse.
These terms of 2 or 3 years are reduced by half (12 or 18 months) in the presence of children born or adopted by the spouses
validity of the marriage under Italian law and transcription of the marriage record at the competent Italian Municipality, as well as permanence of the conjugal bond until the decree is adopted
absence of convictions for offences with a maximum sentence of no less than three years’ imprisonment, or convictions by a foreign judicial authority of a sentence of more than one year for non-political offences, when the sentence has been transcribed in Italy; absence of hostile security reasons
certified knowledge of the Italian language at a level no lower than B1.

The application must be submitted online on the Italian Ministry of the Interior’s portal, attaching

identification document
birth certificate issued by the authorities of the country of origin;
criminal record certificate (valid for 6 months) from the State of origin and the States where one has lived since the age of 14
full marriage certificate
certification attesting to knowledge of the Italian language, not less than level B1 (those who have signed an integration agreement or who hold an EU long-term residence permit under Article 9 of the same Consolidation Act are excluded);
Payment of the contribution of €250.00 required (online payment with Pagopa)
details of the telematic revenue stamp .

ITALIAN CITIZENSHIP BY NATURALISATION

Art. 9 of the law provides for the granting of Italian citizenship, with differentiated modalities and subject to the fulfillment of specific requirements, after a period of legal and uninterrupted residence on Italian territory, and graduating the period of legal residence required to be able to submit the relevant application.

Ordinarily, a legal residence in the territory of the State of at least 3 years is required for those born in Italy, 4 years for EU citizens, 10 years for non-EU foreigners.

To submit the application it is necessary to

provide proof of uninterrupted legal residence on Italian territory for the required number of years
have an adequate income sufficient to support oneself and one’s family
absence of convictions for offences with a maximum sentence of no less than three years’ imprisonment or convictions by a foreign judicial authority for a sentence of more than one year for non-political offences, when the sentence has been transcribed in Italy; absence of obstructive security reasons
certified knowledge of the Italian language at a level no lower than B1.

The application must be submitted online on the Italian Ministry of the Interior’s portal by registering on the site and attaching

identification document
birth certificate issued by the authorities of the country of origin;
criminal record certificate (valid for 6 months)
historical certificate of residence
income declarations/documents proving the income received in the last 3 years, possibly integrated with the income of other cohabiting family members
certification attesting to knowledge of the Italian language, not less than level B1 (those who have signed the integration agreement or who hold an EU residence permit for long-term residents pursuant to art. 9 of the same Consolidation Act are excluded);
Payment of the contribution of €250.00 required (online payment with Pagopa)
details of the telematic revenue stamp .

LEGALISATION AND APOSTILLE

Documents of foreign origin must be translated into Italian and legalised/apostilled or validated to ascertain their authenticity.

The legalisation or validation of a document by a foreign authority is carried out by the Italian Embassies/Consulates abroad in the country where the document was issued.

The Apostille, on the other hand, is a simpler procedure for validating a document that replaces the one at the Embassy. It is a stamp that is affixed by the internal authority of a State when two countries (the state where the documents were issued and the state where they are to be produced) adhering to the Hague Convention are involved.

STAGES OF THE CITIZENSHIP APPLICATION

Once completed, the application is sent electronically to the competent Prefecture (for residents in Italy) or Consulate (for residents abroad). The Consulates then summon the applicants to present the original documents, whereas the summons to the Prefecture has been eliminated.

You can always consult the status of your application online, checking at which stage of the 7 foreseen you are and the progress of your citizenship application.

It is important to follow the progress of the application online because requests for additions or documents or negative opinions may be entered by the competent authorities, to which a prompt response must be given in order to continue the process, otherwise the citizenship application may be rejected.

Checks are carried out, for example, on the regularity of entry, on any criminal proceedings against the applicant, which may also extend to cohabiting family members, on residency, on effective cohabitation with the spouse for citizenship by marriage, while for citizenship by naturalisation, work activity, income, available housing, integration, and compliance with the school obligation of the children are verified.

Once phases 1 and 2 of the documentation verification, phase 3 of the verifications and phase 4 of the evaluation have been passed, with phase 5 passing to the competent bodies for determination and phase 6 concluding the preliminary investigation with a positive outcome, we move on to the measure granting citizenship, which is transmitted to the Prefecture or to the foreign Consular Authority, which will notify the interested party in phase 7.

Once the decree of concession has been obtained and withdrawn, it will be necessary within 6 months to take the oath by making an appointment and going to the Municipality or to the Italian Consular Authority if you are resident abroad.

For any clarification, advice, legal opinion, support on procedures and applications for both citizenship and special taxation schemes in Italy, do not hesitate to contact us