Avv.Ancylla Menezes

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PROCEDURES FOR ACQUIRING ITALIAN CITIZENSHIP

Italian citizenship is a status by which the Italian legal system recognizes the full enjoyment of civil and political rights.

Citizenship is acquired automatically:

by birth from an Italian parent: this is called “ius sanguinis”, that is, by direct descent from at least one parent who holds Italian citizenship. A child is Italian if at least one parent is Italian;
by birth on Italian territory: a child born in Italy to unknown or stateless parents, or to foreigners from countries whose laws do not provide for the transmission of the parents’ citizenship to a child born abroad, acquires Italian citizenship. Also considered a citizen by birth is a child of unknown parents found in the territory of the Republic, if it is not proven that the child holds another citizenship;
by adoption: a foreign minor adopted by an Italian citizen acquires citizenship by right;
by recognition or judicial declaration of parentage: if an Italian citizen recognizes, after birth, a minor child, the child automatically acquires Italian citizenship. If the child is of age, they retain their own citizenship but may (within one year from the recognition, judicial declaration, or declaration of effectiveness of the foreign measure) declare their choice to acquire Italian citizenship;
by acquisition or reacquisition by the parents: the minor child of someone who acquires or reacquires Italian citizenship directly acquires citizenship as long as they live stably and effectively with them.

Citizenship may also be granted if the foreigner has rendered eminent services to Italy, or if there is an exceptional interest of the State.

Citizenship may instead be requested:

by voluntary acquisition: a foreigner or stateless person, wherever born, whose father or mother (or a direct ancestor up to the second degree) was an Italian citizen by birth, acquires Italian citizenship if certain requirements are met (performing military service in the armed forces and declaring in advance the intention to acquire Italian citizenship; taking up public employment for the State, even abroad, and declaring the intention to acquire Italian citizenship; or residing legally in Italy for two years upon reaching the age of 18 and declaring, within one year of reaching adulthood, the intention to acquire Italian citizenship);
by birth on Italian territory to foreign parents: a child born in Italy to foreign parents may request citizenship only after reaching the age of 18, provided they have resided in Italy legally and continuously until that time;
by marriage or civil union;
by residence (so-called “naturalization”).

Italian Citizenship by Descent: How to Obtain It

Obtaining Italian citizenship by descent (ius sanguinis) provides that the descendant of an Italian emigrant, who has not acquired foreign citizenship, can in turn claim the status of Italian citizen. This fundamental principle is governed by Law no. 91 of February 5, 1992 and establishes that a child of Italian parents can be recognized as an Italian citizen by birth. As a result, descendants of the second, third, fourth, and further generations are declared Italian citizens by descent. This situation, especially in the past, has involved many ancestors of Italian origin born in countries with a history of emigration, such as Canada, Brazil, Argentina, Australia, etc.

What is Italian citizenship iure sanguinis and how to obtain it

This is a procedure that allows foreign citizens of Italian descent to obtain the status of Italian citizen. The process is complex, as it involves not only certain legal and technical knowledge, but also timelines that are not as short as one might imagine.

For the purpose of obtaining Italian citizenship according to the principle of ius sanguinis, it is required that the descendants of the Italian ancestor, including the applicant themself, have never lost Italian citizenship. Possession of this status must also be demonstrated by presenting a series of documents to the competent authorities.

Once citizenship has been obtained by the parent, minor children may also acquire this status without additional procedures. Whether or not the child is present in Italian territory is irrelevant. Following the transcription of the birth certificate at the request of the parent, the necessary steps will be taken at the registry office or AIRE, depending on whether the child resides in Italy or abroad.

METHODS

Once the requirements set by law are met, the application for obtaining Italian citizenship iure sanguinis can be submitted by choosing between two distinct methods, which require different procedures and timelines.

The first solution, of an administrative nature, consists of preparing and submitting a specific application to the consular authority and to the mayor of the municipality of residence, depending on whether the applicant resides abroad or in Italy. In the latter case, in order to also obtain registration in the registry for the purpose of submitting the application, it is not necessary to attach a residence permit. In fact, a declaration of presence is sufficient, as clarified by the Ministry of the Interior Circular No. 32 of June 13, 2007.

Another procedure to follow for submitting the application is the judicial one. In this case, it is necessary to file a petition before the Civil Court of Rome with the assistance of a qualified lawyer in the case of maternal descendants born before January 1, 1940. The same procedure also applies when numerous applications are pending at the Consulate responsible for receiving the administrative application, causing long waits to summon the descendants. In this regard, just think of the Consulate of São Paulo, which requires 12 years to summon the interested parties.

Timing

When it comes to obtaining citizenship by iure sanguinis, timing plays a crucial role, because it is never as quick as is often believed. On this point, it is important to note that the waiting period can vary greatly depending on how the application is submitted, that is, whether the right is asserted through administrative or judicial means.

In turn, administrative iure sanguinis citizenship involves a longer or shorter wait depending on how the application itself is submitted. When, for example, the process is undertaken personally in Italy, everything depends on the Municipality where the application has been filed. Essentially, the end of the procedure depends on how long it takes the Municipality to receive from the competent Consulates the certificate of non-renunciation of citizenship by the descendants of the Italian ancestor.

In cases where the application is submitted abroad, however, the timing varies depending on the Consulate. As previously mentioned, when the process is undertaken at the Consulate in São Paulo, it is estimated that the wait for an appointment is no less than 12 years. Even at other Brazilian Consulates, the wait is very long, which is why the applicant has every right to proceed judicially at the Civil Court of Rome, in order to have their status as an Italian citizen recognized directly by the judge. This is why it is always preferable to choose the judicial route for recognition of citizenship through the paternal line.

In situations like these, the wait to definitively obtain Italian citizenship by iure sanguinis is still linked to more or less predictable factors, also because the process may take place in a couple of hearings at most and the judge may possibly schedule new appearances a few months apart. In any case, particular situations may still occur, such as replacement of judges or other unforeseeable events that slow down the proceedings.

Currently, the time required to obtain Italian citizenship by iure sanguinis through judicial means is about a year and a half, but this timeframe is always affected by some variables, such as the judge assigned and certain procedural dynamics that do not directly depend on the parties.

Citizenship by Marriage or Civil Union Art. 5

Pursuant to art. 5 of Law 91/1992, foreign citizens married or in a civil union with Italian citizens may apply for Italian citizenship. They must have been married or in a civil union for at least 3 years (if residing abroad) or 2 years (if residing in Italy). If the couple has children, the time is halved (1 and a half years for those residing abroad or 1 year for those residing in Italy).

Documents required to submit the application:

Extract of the birth certificate complete with all personal details indicating the applicant's paternity and maternity, and its translation into Italian;
Criminal records from the country of origin and any third countries of residence, and their translations into Italian;
Certificate of knowledge of the Italian language;
Photocopy of Italian identity card;
Photocopy of passport;
Photocopy of the residence permit/card (for non-EU citizens), or the residence certificate (issued by the municipality of residence for EU citizens);
Original copy of the payment of the €250.00 fee;
Revenue stamp of €16.00;
SPID access credentials.

IN THE CASE OF APPLICANTS HOLDING A RESIDENCE PERMIT FOR POLITICAL ASYLUM OR SUBSIDIARY PROTECTION, THERE ARE DIFFERENT PROCEDURES FOR THE PRODUCTION OF DOCUMENTS FROM THE COUNTRY OF ORIGIN.

Since May 18, 2015, a procedure has been in force that requires applications to be submitted online on the website of the Ministry of the Interior. Depending on the case, the competent Prefecture summons the applicant for verification and, if necessary, for the submission of the original documentation.

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