How do I reinstate my Italian citizenship?
Italian citizenship can be reinstate "by residence," provided there is a clear expression of intent. If it was automatically acquired due to a combination of qualifying factors, the individual may choose to renounce it.
Articles 13 and 17 of Law 91/1992 govern the cases in which Italian citizenship can be reacquired.
The relevant legislation allows those who have lost Italian citizenship to reacquire it "if they declare their intention to do so and have established, or establish within one year from the declaration, residence in the territory of the Republic."
In other words, it can be reacquired:
- By submitting an application to the Consulate General, specifying the municipality in Italy where the applicant intends to establish residence, within one year from the declaration.
- After one year from the date residence is established in the territory of the Republic, unless a formal renunciation is made within that same time frame.
It is not possible to reinstate Italian citizenship without establishing residence in Italy.
Reinstate of Italian citizenship by right of residency in Italy: procedure
A citizen who intends to reinstate Italian citizenship must make a voluntary declaration either at the Italian Consulate in the foreign Country where they reside or before the Civil Status Officer (Ufficiale di Stato Civile) in the Italian municipality where they have established residence.
In essence, in the first case, the residency in Italy must occur within one year of the declaration made before the Consul. In the second case, residence in Italy is a prerequisite for making the declaration before the municipal officer.
If the individual chooses to make the declaration at the Consulate, they have one year to transfer their residence to Italy. If this deadline is not met, the declaration becomes invalid.
Otherwise, the Consulate must forward the declaration of intent and the result of the verification process to the selected Italian municipality, which will then proceed with registration in the civil status records.
If the declaration is made before the municipal civil status officer, the officer must verify the reasons for the loss of citizenship. After the necessary checks, the reinstate of citizenship will be recorded in the citizenship registers and in the margins of the birth record.
The reacquisition of citizenship takes effect from the day following the fulfillment of both conditions: the declaration and the establishment of residence in Italy.
Reinstate of Italian citizenship: is a residence permit required?
Law 68/2007 established that, for the residency registration (iscrizione anagrafica) of former Italian citizens, it is no longer necessary to obtain a residence permit.
It is sufficient to present a declaration of presence at the Police Headquarters (Questura) within 8 days of arrival in Italy if coming from the Schengen area, or to show the Schengen entry stamp on the passport if arriving from a non-Schengen country.
Reinstate of Italian citizenship: Here's how we can help you
The law firm Arnone & Sicomo has an in-house Immigration Law Department. Our attorneys, with extensive experience in the field, assist immigrants from all over the world who wish to reinstate Italian citizenship through relocation to Italy.
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.
