ARTICLE
13 January 2025

Italian Citizenship Through Marriage

BI
Boccadutri International Law Firm

Contributor

Boccadutri is an Italian law firm that specialises in assisting international clients with legal matters in Italy. We are able to serve our clients in their native language and also have offices located across the globe that allow clients to meet our lawyers without having to travel to Italy.Our international offices are located in Palermo, Milan, Rome, London, Barcelona, New York, Bucharest, Krakow, Rosario, Istanbul, Sydney and Rio de Janeiro. We are also well placed in Italy to attend court hearings and other local matters with our offices in Milan (North) and Palermo (South).Boccadutri specialises in a wide range of Italian matters such as personal injury, real estate, civil law, forex, and administrative and criminal litigation matters. All our expert lawyers are fully qualified and specialists in their respective fields.
How to Obtain Italian Citizenship through Marriage? A foreign or stateless person married to an Italian citizen can apply for Italian citizenship through marriage...
Italy Immigration

How to Obtain Italian Citizenship through Marriage? A foreign or stateless person married to an Italian citizen can apply for Italian citizenship through marriage if they:

  • Have been married and lived in Italy for at least two years
  • Have been married for at least three years while living abroad
  • Have Italian language proficiency (minimum B1 level)
  • Are still married (the marriage has not been dissolved, annulled, or legally separated)

Spouses of naturalized Italian citizens can also apply for citizenship two years after both their marriage date and the date of their spouse's naturalization oath.

Why Apply for Italian Citizenship?

Italian citizenship grants full civil and political rights under both Italian and European Union law.

Benefits of an Italian passport include:

  • Unrestricted travel and residence throughout the EU
  • Visa-free access to numerous destinations worldwide (ranked among the highest by the Henley Passport Index)
  • Voting rights and political participation
  • Enhanced employment opportunities
  • Access to healthcare and social benefits
  • Simplified visa processes for family members and family reunification
  • Eligibility for dual citizenship (subject to country of origin)

The legal framework surrounding citizenship by marriage

The primary legislation governing Italian citizenship through marriage is Article 5 of Law 91/1992, as amended.

Under this law, foreign or stateless persons who marry Italian citizens can apply for citizenship after meeting specific residency requirements:

  • Two years of residency in Italy after marriage
  • Three years if residing abroad

These periods are reduced by half for couples with children (born or adopted).

The Italian language proficiency requirement (introduced by Decree-Law 113/2018, converted to Law 132/2018) became mandatory for citizenship applications through marriage.

Applications must be processed within 24 months, with a possible extension up to 36 months (per Article 4, Paragraph 5 of Decree-Law October 21, 2020, converted to Law 173/2020).

Language Requirements and Certifications to Apply for Citizenship

Since DL 113/2018, applicants must demonstrate Italian language proficiency at minimum B1 level (Common European Framework of Reference for Languages – CEFR).

Exemptions apply to applicants who have either:

  • Signed the integration agreement (Article 4-bis, Legislative Decree 286/1998)
  • Hold an EU long-term residence permit (Article 9 of the same decree)

According to the Interior Ministry Circular 3/2023, language certification must be valid when applying and issued by one of these CLIQ-recognized (Italian Language Quality Certification) institutions:

Documents for Italian citizenship by marriage

To apply for Italian citizenship by marriage, you must provide:

  • a Marriage certificate
  • a Birth certificate with all annotations (including name changes)
  • Criminal record certificates from your country of origin and all countries of residence
  • a B1 or higher Italian language certification

Applicants who have changed their name must provide official documentation of the change. All documents must be legalized and translated into Italian.

For marriages performed abroad, the marriage certificate must be registered with Italian civil authorities before applying for citizenship.

Procedure for applying for Italian nationality by marriage

Applications must be submitted online through the Interior Ministry portal. As of 2023, all communication regarding applications is conducted exclusively through this portal.

Required with application:

  • Electronic revenue stamp
  • €250 processing fee receipt
  • Supporting documentation proving eligibility

Effects of Separation, Divorce, or Annulment

The marriage must remain valid until the citizenship oath. If legally separated spouses reconcile (as per Article 157 of the Italian Civil Code), with the reconciliation noted on the marriage certificate, the citizenship application process must start anew.

Death of Italian Spouse

If the application has been submitted before the spouse's death, the citizenship process continues. Constitutional Court ruling 195/2022 declared Article 5 of Law 91/1992 partially unconstitutional, specifically where it listed the death of an applicant's spouse during the application process as grounds for denying citizenship. The right to citizenship is considered established at the time of application.

Timeframe for obtaining Italian nationality by marriage

The authorities must process applications within 24 months, as per the 2020 Immigration Decree, with possible extension to 36 months in exceptional cases. The decree requires authorities to provide regular status updates on applications.

After citizenship is granted, applicants must take an oath of allegiance to the Italian Republic within six months.

Failure to take the oath within this period voids the citizenship decree.

Obtaining Italian citizenship through marriage requires careful attention to current regulations.

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.

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