Avv.Ancylla Menezes

International Skills

PROCEDURES FOR ACQUIRING ITALIAN NATIONALITY

Italian citizenship is a status on the basis of which the Italian legal system recognises full civil and political rights.Citizenship is acquired automatically by birth from an Italian parent: this is referred to as 'ius sanguinis', i.e. by direct descent from at least one parent holding Italian nationality. A child is Italian if at least one of its parents is Italian;

By birth on Italian territory: a child born in Italy of unknown or stateless parents or foreigners belonging to States whose legislation does not provide for the transmission of the parents' nationality to the child born abroad acquires Italian nationality.

By adoption: a foreign child adopted by an Italian citizen acquires Italian citizenship by right;

By recognition or judicial declaration of filiation: if an Italian citizen recognises a minor child after his birth, the child automatically acquires Italian citizenship. If he comes of age, he retains his Italian nationality but may (within a year of the recognition, judicial declaration or declaration of the effectiveness of the foreign measure) declare that he chooses Italian nationality;

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 can instead be requested:

By acquisition or re-acquisition by the parents: the minor child of a person who acquires or re-acquires Italian nationality acquires Italian nationality directly, provided that he lives with him in a stable and effective manner.By voluntary acquisition: the foreigner or stateless person, wherever born, whose father or mother (or ascendant in the direct line up to the second degree) were Italian citizens by birth, acquires Italian citizenship in the presence of certain requirements (by performing military service in the armed forces and declaring in advance that he wishes to acquire Italian citizenship;

By taking up public employment with the State, including abroad, and declaring that they wish to acquire Italian citizenship; or by residing legally in Italy for two years upon reaching the age of 18 and declaring, within a year of reaching the age of majority, that they wish to acquire Italian citizenship);

By birth on Italian territory of foreign parents: a child born in Italy of foreign parents may apply for Italian nationality only after reaching the age of 18 if he has resided in Italy legally and continuously until that moment;

By marriage or civil union;

By residency (c. so-called 'naturalisation').

Italian Citizenship Iure Sanguinis: How to obtain it

Obtaining Italian citizenship ius sanguinis provides that the descendant of an Italian emigrant, who has not obtained foreign citizenship, may in turn claim the status of Italian citizen.This pivotal principle is regulated by Law No. 91 of 5 February 1992 and provides, precisely, that the child of Italian parents may be recognised as an Italian citizen by birth. From this it follows that second, third, fourth and further generation descendants are declared Italian citizens by filiation.This case, especially in the past, has affected many ancestors of Italian origin born in countries of ancient 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 Italian citizenship status. The procedure is complex, as it implies not only certain legal and technical knowledge, but also timeframes that are not as short as one might imagine.
In order to obtain Italian citizenship according to the principle of ius sanguinis, it is required that the descendants of the Italian ancestor, including the interested party himself, have never lost Italian citizenship.

Possession of the status must also be proven by submitting a series of documents to the competent authorities.Once the parent has obtained citizenship, minor children can also acquire this status without additional proceedings. Whether or not the child is present on Italian territory remains irrelevant. Following the transcription of the birth certificate at the parent's request, in fact, the formalities will be carried out at the registry office or at the aire, respectively if the child is resident in Italy or abroad.

METHODS

Another procedure to be followed for filing an application is the judicial one. This time it is necessary to present an appeal before the Civil Court of Rome with the assistance of a qualified lawyer in the case of descendants in the maternal line who were born before 1 January 1940. The same procedure also applies when several applications are pending at the Consulate competent to receive the administrative application and this causes long waits to summon descendants. In this regard, one might recall the São Paulo Consulate, which takes 12 years to summon the interested parties.

Once the prerequisites required by law have been met, the application to obtain Italian citizenship iure sanguinis can be submitted by choosing between two distinct methods, which require different methods and timeframes.The first solution of an administrative nature consists of preparing and submitting a special application to the consular authority and to the mayor of the municipality of residence, respectively if the interested party resides abroad or on Italian territory. In the latter hypothesis, in order to also obtain registration at the civil registry office, it is not indispensable to attach a residency permit. In fact, a declaration of presence is sufficient, as clarified by the Ministry of the Interior Circular n° 32 of 13 June 2007.

Timing

When it comes to obtaining citizenship iure sanguinis, timeframes play a decisive role, because they are never as fast as is often believed. On this point, it is worth pointing out that the wait can vary greatly depending on how the application is submitted, i.e. whether the right is asserted administratively or judicially.jure sanguinis citizenship by administrative means also involves a longer or shorter wait depending on how the application is submitted. When, for example, the action is taken in person in Italy, everything depends on the municipality where the application is filed. In essence, the end of the procedure depends on how long it takes the municipality to receive from the competent consulates the deed of non renouncement of nationality by the descendants of the Italian ancestor.In the hypothesis of presenting the application abroad, on the other hand, the timeframe varies according to the consulate. As anticipated, when the process is undertaken at the São Paulo Consulate, it is estimated that it takes no less than 12 years. At other Brazilian consulates the wait is also very long, which is why the interested party has every right to proceed judicially at the Civil Court in Rome, in order to have his status as an Italian citizen recognised directly by the judge. This is why it is always preferable to choose the judicial route for the recognition of citizenship via paternity.In situations of this kind, the wait to definitively obtain Italian citizenship iure sanguinis is in any case linked to more or less ponderable factors, also because the trial may take place in a couple of hearings at most and the judge may possibly set new appearances a few months later. As things stand at present, the time required to obtain Italian citizenship iure sanguinis through the courts is approximately one and a half years, but this time span is always influenced by a number of variables, such as the judge who is appointed and certain procedural dynamics that do not depend directly on the parties.

Citizenship by Marriage or Civil Union Art. 5

According to Article 5 of Law 91/1992, foreign citizens married or civilly united to Italian citizens may apply for Italian nationality. They must have been married or civilly united for at least three years (if resident abroad) or two years (if resident in Italy). If there are children in the couple, the time is halved (1½ years for residents abroad or 1 year for residents in Italy).

Documents required to submit an application:

Extract of the birth certificate complete with all particulars indicating the paternity and maternity of the applicant, and its translation into Italian;
Criminal certificates from the country of origin and any third country of residence, and translations thereof in 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 of the residence certificate (issued by the commune of residence for EU citizens);
Original copy of the fee payment of 250.00 Euro;
Euro 16.00 revenue stamp;
Spid access credentials.

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

Since 18 May 2015 a procedure has been in force whereby applications are sent online on the Ministry of the Interior website. Depending on the case, the competent Prefecture convenes the applicant for verification and, if necessary, filing the original documentation.

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