How To Become An Italian Citizen

How to become an Italian Citizen

A comprehensive guide to Italian citizenship: requirements, rights, duties, and tips for a successful application.

In recent years, there has been a steady increase in foreign nationals applying for Italian citizenship. However, the path to citizenship is complex and requires careful navigation.
This guide outlines the requirements, rights, and obligations associated with Italian citizenship, along with the essential steps for submitting a successful application.

Becoming an Italian Citizen

Obtaining Italian citizenship involves accepting certain obligations while gaining significant political and civil rights previously unavailable to foreign nationals.

Italian citizenship is governed by Law No. 91 of 1992, as amended by Laws No. 94 of 2009 and No. 132 of 2018.

Recent regulatory changes, including various ministerial Circulars and court decisions, have made the process more stringent, resulting in increased rejection rates despite rising application numbers.

Given these challenges and the lengthy processing times by the Italian government, it is advisable to seek professional guidance rather than attempting a DIY approach.

Professional assistance can help ensure you meet all requirements before applying, avoiding unnecessary delays or disappointments that might lead to legal proceedings.
There are several pathways to Italian citizenship, each with specific requirements and timeframes:

• Descent through Italian ancestors (jure sanguinis 'right of blood')
• Marriage to an Italian citizen
• Civil union to an Italian citizen
• Naturalization through residency
• Legal proceedings in case of application rejection

If you wish to submit your application but there is a waiting time delay with the Consulate, find out what to do in such cases with our guide on how to proceed if there is a waiting time delay with the Consulate .

Eligibility for Italian Citizenship

Eligibility criteria vary depending on the applicant's status. While citizenship through jure sanguinis (right of blood) can be automatic, other paths require formal application.

Italian citizenship is available to:

• Children born to or adopted by Italian citizens
• Descendants of Italian citizens
• Spouses or civil partners of Italian citizens
• Long-term residents in Italy
• Employees of the Italian State

Required Documentation

Applications for Italian citizenship must include precise documentation.
Since May 18, 2015, naturalization applications must be submitted electronically through the Ministry of Interior's online portal.

Required documents include:

1. Identity Documents

• Copy of a valid identity document
• Copy of your Passport
• Residence permit or certificate
• Copy of your Italian ID card (if applicable)

2. Primary Documentation

• Birth certificate extract:
  • Including complete personal information
  • Italian translation
  • Legalization or Apostille
  • Issued by country of origin authorities

Note: For those who have changed surnames after marriage, if not recorded on the birth certificate, the marriage certificate must be included.

3. Criminal Records

• Criminal record certificate from the country of origin (translated and legalized)
• Criminal records from any other countries of residence
• Criminal records are also required for those who arrived in Italy before age 14

4. Language Certification

• Italian language proficiency certificate (Level B1 CEFR)

Exemptions from language certification:

• Integration agreement signatories
• EU long-term residence permit holders

5. Income Documentation

• Tax returns for the past 3 years
• Family income documentation (if applicable)

6. Administrative Documents

• Payment receipt (€250.00)
• Digital revenue stamp details

7. Special Cases (Political Refugees and Stateless Persons)

Alternative documentation:

• Notarized declaration including:
• Personal details
• Parents' information
• Self-declaration replacing criminal record certificate

Important. All foreign documents must be:

• Translated into Italian
• Legalized or apostilled
• Certified as true copies

If personal details on foreign certificates don't exactly match those on passports and Italian documents, the Ministry of Interior Circular No. 462 (January 18, 2019) clarifies that the foreign birth certificate serves as a proof of identity, including any legally relevant changes through marginal annotations.
This issue commonly affects married women who have changed their surname.

If the foreign birth certificate does not note this change, the marriage certificate may be submitted as supporting documentation.

Any changes to official documents over time must be properly documented and explained with supporting evidence.

All submitted documents must be accompanied by an Italian translation.
Individuals of Italian descent planning to relocate to Italy should submit their application through the Italian consulate in their current country of residence.

Those already residing in Italy must apply through the municipal office (Comune) of their city of residence, providing both proof of residency and documentation of their Italian heritage.

Automatic Citizenship: Children Born to or Adopted by Italian Citizens

Birth in Italy doesn't automatically confer citizenship.
Italian citizenship primarily follows the principle of jure sanguinis (right of blood) rather than jus soli (right of soil).
A child automatically becomes an Italian citizen if at least one parent is an Italian citizen.
Children born in Italy to foreign parents have a special pathway: they can apply for citizenship between the ages of 18 and 19.

For international adoptions:

• Minors adopted by Italian citizens automatically receive citizenship
• Adults must wait five years after adoption before applying

When a cohabiting parent acquires Italian citizenship, their minor children automatically become eligible.

Italy allows dual citizenship, subject to the laws of other countries involved.

Italian Citizenship by Descent (Jure Sanguinis)

Italian citizenship follows the principle of jure sanguinis, meaning:

• Citizenship passes on through generations
• Currently no generational limit (subject to potential legislative changes)
• The transmission chain must remain unbroken

Important: The recent Court of Cassation Order No. 454/2024 confirms that the naturalization of an ancestor in a foreign country before the descendant's birth breaks the transmission chain.

Claiming Italian citizenship through ancestral lineage presents a significant opportunity but requires thorough genealogical research and documentation.

Italian citizenship can be granted to descendants of Italian citizens, including those born abroad.

Currently, there is no generational limit (though this may change with pending legislation), provided the chain of citizenship transmission remains unbroken.

The chain is considered to be broken if, for example, an ancestor is naturalized in another country before the birth of their descendant.

Citizenship claims can be pursued through either paternal or maternal Italian ancestry.

The key distinction lies in the application process.

Claims through paternal lineage typically follow an administrative procedure (through either a consulate or municipality, depending on the applicant's residence). However, claims through maternal lineage may require one of two different approaches.

Legal proceedings are only necessary when claiming citizenship through an Italian female ancestor who had children before 1948 (when the Italian Constitution came into effect).

This distinction exists because prior to 1948, Italian law did not allow women to transmit citizenship to their children.

While the judicial pathway now provides a means to claim these ancestral rights, there is still a significant legislative gap in the inability to pursue such cases through standard administrative channels.

Individuals of Italian descent may apply for a temporary residence permit ("permesso di soggiorno per attesa cittadinanza") while establishing residency in Italy to pursue their citizenship application.

Requirements and timeframes:

Citizenship through Marriage or Civil Partnership

Foreign nationals or stateless persons can acquire Italian citizenship through marriage or civil partnership with an Italian citizen.

The requirements and procedures for obtaining Italian citizenship through marriage or civil partnership are largely similar.

Requirements:

• 24 months of residence in Italy after marriage/civil union
• 36 months if residing abroad
• Marriage/civil union must remain valid
• Time requirements are halved for couples with children (marriage only)

Citizenship through Residency/Naturalization

Foreign nationals who are legal residents of Italy may be eligible for Italian citizenship through naturalization.
The required duration of legal residency varies according to the applicant's status:

Required residency periods:

• Three years for:
  • Individuals with an Italian parent or grandparent by birth;
  • Persons born in Italy whose parent or second-degree direct ancestor was an Italian citizen by birth;
  • Individuals who had an Italian ancestor by birth and have been resident in Italy for at least three years;
  • Foreign citizen who was born in Italy and has been resident in Italy for at least three years;
• Four years for EU citizens
• Five years for:
  • Adults adopted by Italian citizens (counting from the date of adoption)
  • Adult children of naturalized Italian citizens (counting from the date of the parent's naturalization)
  • Recognized refugees and stateless persons (status must be officially recognized before the period begins)
• Ten years for non-EU citizens

"A foreigner or stateless person whose father or mother, or one of their direct relatives in the second degree in the ascending line, was a citizen by birth ... shall acquire citizenship if, at the time of reaching the age of majority, he or she has resided legally in the territory of the Republic for at least two years and declares, within one year of reaching the age of majority, that he or she wishes to acquire Italian citizenship".

Residence must be continuous and legal.

Distinguishing Between Legal Stay and Legal Residence

It's important to understand the distinction between "legal stay" (permesso di soggiorno) and "legal residence" (residenza legale).

Legal stay is evidenced by a residence permit and is authorized by the local Police Authority (Questura) in the jurisdiction where the foreign national resides.
This is only a prerequisite for establishing legal residence, which requires registration with the civil registry.

Legal residence is obtained through registration with the Municipal Population Registry (Anagrafe).
For citizenship through naturalization, only periods of legal residence count toward the required duration.
A significant change introduced by Law 132/2018 eliminated any flexibility regarding gaps in residence records. Even brief interruptions in residency can invalidate the entire application process, requiring the qualifying period to start anew.

Citizenship for Government Employees

Italian state employees may qualify for citizenship after completing five years of service, including service performed abroad.

Core requirements

Additional requirements include:

1. Italian Language Proficiency (B1 level)
   • Required for marriage/civil union and naturalization
   • Exemptions for integration agreement signatories and long-term residents

2. Income Requirements
   • €8,263.31 for single applicants
   • €11,362.05 with a dependent spouse
   • €516.46 in addition per child

3. Criminal Record and Social Security
   • No serious criminal convictions
   • No threat to state security
   • Rehabilitation may overcome minor offenses

Italian Language Requirements

Under Article 9.1 of Law No. 91/1992, as amended by Law No. 132/2018, applicants must demonstrate proficiency in the Italian language to qualify for citizenship. The required proficiency level is B1 on the Common European Framework of Reference for Languages (CEFR) scale.

Applicants must provide certification from an authorized testing institution.

Exemptions from language certification apply to:
Signatories of the Integration Agreement (Article 4-bis, Legislative Decree No. 286/1998)
Holders of EU long-term residence permits,

Financial Requirements

Applicants must demonstrate sufficient income to support themselves in Italy.

Minimum annual income thresholds:

• €8,263.31 for single applicants
• €11,362.05 with a dependent spouse
• €516.46 in addition per dependent child

The following family members may contribute to the total household income (as per Article 433 of the Civil Code):

• Spouse
• Civil partner or registered domestic partner (with written agreement)
• Children (legitimate or legitimated)
• Parents
• Parents-in-law
• Sons and daughters-in-law
• Siblings

To verify household income, the application must include relevant tax documentation such as:

• Certificazione Unica
• Modello 730
• Modello Unico

While applicants can update their income information during the application process, it is essential to meet the minimum requirements at the time of submission. The current legislation no longer allows for conditional approvals based on future income prospects.

Applications that do not meet the minimum income requirements will be automatically rejected by Prefectures and Consulates. In such cases, applicants must submit a new application once they can demonstrate adequate financial resources.

Criminal Record and Public Security Assessment

While Italian language proficiency and income requirements are straightforward, the evaluation of criminal history and public security concerns involves more complex considerations.

Article 6 of Law No. 91/92 originally established these requirements only for citizenship through marriage. However, case law has extended their application to naturalization cases.

Courts consider this a "natural" rather than "categorical" requirement, meaning that having a criminal record does not automatically disqualify an applicant. Minor offenses may not preclude citizenship if the applicant demonstrates rehabilitation.

The evaluation process considers:

• The applicant's complete history
• Potential impact on national security
• Evidence of rehabilitation

Under Article 6 of Law 91/92, successful rehabilitation nullifies the disqualifying effects of prior convictions.

However, certain convictions will result in an automatic rejection of citizenship applications:

Serious Offenses:

1. Crimes against:
   • State security
   • International interests of the state
   • Internal constitutional order
   • Citizens' political rights
2. Intentional crimes (non-negligent offenses) carrying a minimum sentence of three years' imprisonment
3. Non-political offenses resulting in:
   • Imprisonment exceeding one year
   • Conviction by foreign courts recognized in Italy

Processing Times

Current processing times:

• Initial response: 24 months
• Complete process: Up to 36 months

Applications can be tracked through the Ministry of Interior's portal.

Potential Challenges

While self-filing may seem feasible, inadequate preparation can lead to application denial. Applications may be rejected due to:

• Incomplete documentation
• Failure to meet eligibility requirements
• Administrative discretion

Frequently Asked Questions

Dual Citizenship

Q: Can I retain my current citizenship? A: Italy permits dual citizenship. However, you must verify that your country of origin allows it as well.

Marriage Requirements

Q: Must the marriage remain valid throughout the application process? A: Yes, the marriage must remain valid until the citizenship oath ceremony is completed.

Application Rejection

Q: What options are available if my application is rejected? A: You have two options:

• File an appeal with the Regional Administrative Court of Lazio (TAR Lazio) within 60 days
• Submit a new application after addressing the grounds for rejection

Professional Assistance Benefits

• Thorough requirements verification
• Procedural error prevention
• Time optimization
• Issue management
• Success rate maximization

Legal Consultation

For optimal results and to avoid complications, professional legal assistance is recommended. Whether you're in Italy or abroad, our Immigration Law Department offers free initial consultations.

Our International Law Firm has attorneys who can assist with:

• Application completion
• Document procurement
• Complex case management
• Resolution of unexpected issues

The content of this article is intended to provide a general guide to the subject matter. Specialist advice should be sought about your specific circumstances.