Italian Citizenship by Jus Sanguinis (Right of Blood)

One of the most common ways to obtain Italian citizenship is through jus sanguinis, or the right of blood. This pathway is available to anyone with an Italian ancestor.

Main Requirements:

• Proof of descent: You must prove your direct descent from an Italian citizen by providing birth, marriage, death (if applicable) and, in some cases, naturalization or renunciation documents of the Italian ancestors.
• No renunciation of citizenship: If one of your ancestors renounced Italian citizenship before the birth of the next descendant, your request may be denied.

Documentation and Gathering of Documents:

Gathering the necessary documents can be complex. For those who need assistance with document collection and bureaucratic procedures, Moving2Italy offers specific consultations for those seeking Italian citizenship, particularly regarding tax and immigration issues. They can assist applicants in navigating the complex legal aspects related to citizenship by descent.

Legal Framework and Recent Developments:

While pointing out that citizenship matters fall within the jurisdiction of the Interior Ministry, Italian citizenship is regulated by Law No. 91 of February 5, 1992, and its subsequent regulations, including Presidential Decree No. 572 of October 12, 1993, and Presidential Decree No. 362 of April 18, 1994. This law underscores the importance of individual will in acquiring and retaining citizenship and recognizes the right to hold multiple citizenships simultaneously.

• Key principles include:
  • Citizenship by descent (jus sanguinis).
  • Limited acquisition by birth on Italian soil (ius soli) in certain cases.
  • The right to hold more than one nationality.
  • Expression of will for acquisition or renunciation of citizenship.

Since August 16, 1992, acquiring a foreign nationality does not automatically result in the loss of Italian citizenship unless the individual formally renounces it, per Article 11 of Law No. 91/92. Italy’s denunciation of the 1963 Strasbourg Convention means that, as of June 4, 2010, Italian citizens who become naturalized in countries that signed the convention (Austria, Denmark, Norway, the Netherlands) do not automatically lose their Italian citizenship.

Italian Citizenship by Marriage

Another common pathway is through marriage to an Italian citizen. This process has specific requirements depending on whether you live in Italy or abroad.

Main Requirements:

• Waiting period: If you reside in Italy, you can apply for citizenship after 2 years of marriage. If you reside abroad, you must wait 3 years. The waiting period is halved (1 year in Italy and 1.5 years abroad) if the couple has children born or adopted together.
• Italian language exam: You must pass an Italian language exam at a B1 level.
• Proof of cohabitation: It may be necessary to prove real cohabitation with the Italian spouse, especially if you reside in Italy.

Italian Language Exam:

Since 2018, those applying for citizenship through marriage must demonstrate proficiency in Italian at the B1 level. This involves passing an exam at an accredited institution, such as the University for Foreigners of Perugia or Siena. The exam assesses listening, reading, writing, and speaking skills.

Numerous online courses and study materials are available to prepare for the exam, and some language schools offer specific programs for citizenship applicants.

Italian Citizenship by Residence

Citizenship by residence is one of the most common routes, especially for foreigners who have lived in Italy for an extended period.

Main Requirements:

• Duration of legal residence: The required years of residence vary:
  • 10 years for non-EU citizens.
  • 4 years for EU citizens.
  • 5 years for refugees and stateless persons.
  • 3 years for descendants of Italian citizens up to the second degree.
• Adequate income: You must prove that you have enough income to support yourself by submitting tax returns from the last 3 years.
• Criminal record check: The Italian authorities check for the absence of criminal records, and you may need to provide police certificates from every country you have lived in.

Exceptions and Reductions in Residence Requirements:

In some cases, the required period of residence can be reduced. For example:

• Military service: If a foreign citizen serves in the Italian Armed Forces, the required period of residence can be reduced.
• Public administration employment: Those who have worked for at least 5 years in the Italian public administration may also benefit from a reduction in the residence requirement.

These reductions provide an accelerated pathway to citizenship, but detailed documentation proving service or employment in Italy must be submitted.

Italian Citizenship by Birth in Italy (Limited Jus Soli)

Italy does not automatically grant jus soli, or citizenship by birth on Italian soil, but there are specific cases where it can be obtained.

Main Requirements:

• Continuous residence: Children of foreign citizens born in Italy can apply for citizenship upon turning 18, provided they have lived legally and continuously in Italy since birth.
• Limited timeframe: The application must be submitted by the time they turn 19. If this window is missed, naturalization will be the only available route.

Naturalization and Special Cases

Naturalization is reserved for those who have rendered extraordinary services to Italy or find themselves in exceptional circumstances.

Main Requirements:

• Extraordinary services: Citizenship can be granted for significant contributions to Italian culture, sports, or science. Athletes, scientists, and artists who have represented Italy or contributed to its culture can receive citizenship through an accelerated process.
• Minors under legal guardianship: Foreign minors under the legal guardianship of an Italian citizen can apply for citizenship after 5 years of residence.

Examples of Cultural or Sporting Merits:

Over the years, many prominent athletes, such as footballers or representatives in other sports, have obtained Italian citizenship. The same applies to artists and scientists who have helped improve Italy’s international reputation.

 Procedures for Applying for Citizenship at Italian Consulates Abroad

The procedures for applying for citizenship at Italian consulates can vary significantly depending on the country and the specific consulate. Each consulate has its own workload and resources, which affect processing times.

Differences Between Consulates:

• Processing times: In countries like Brazil or Argentina, where a large Italian-descendant community resides, the waiting times for jus sanguinis citizenship recognition can be very long. Other consulates, in countries with fewer requests, may process applications more quickly.
• Required documentation: Although general requirements are set by the Italian Ministry of Foreign Affairs, some consulates may request additional documentation or conduct more thorough verification.

Practical Advice:

• Planning: Before submitting an application, it is important to contact the consulate to verify local requirements and estimated processing times. It is advisable to begin gathering documents as early as possible and ensure all certificates meet the required standards.
• Tracking the process: Many consulates offer online services to track the status of applications, but it is important to be proactive and contact the consulate if there are delays or issues with the documentation.
• Alternatives: If waiting times are too long, as mentioned earlier, some choose to start the process directly in Italy, which may take less time but involve other costs and complexities.

Dual Citizenship and Tax Implications

Dual Citizenship:

Italy allows dual citizenship. If your country of origin permits the retention of both citizenships, you will not need to renounce your original nationality. However, it is important to verify the laws of your home country.

Tax Implications:

If an Italian citizen lives abroad, they may still be subject to Italy’s tax system unless they are registered with AIRE (Registry of Italians Residing Abroad). This registry ensures tax exemptions for residents abroad. Furthermore, Italy has double taxation treaties with many countries to help avoid the duplication of taxes on income.

Revocation of Citizenship

Italian citizenship can be revoked under specific circumstances, such as fraudulent applications or actions that threaten the security of the Italian state. Additionally, those who enlist in foreign armed forces without the authorization of the Italian government risk losing their citizenship.

Perspectives on Ius Culturae

In recent years, there has been much debate over the introduction of Ius Culturae, a proposed law that would allow children of foreign citizens who have completed a cycle of education in Italy to acquire citizenship. However, this proposal has not yet been passed into law, and political debate continues. If approved, it could represent a turning point for the integration of young foreigners raised in Italy.

Obtaining Italian citizenship is a process that requires time, accurate documentation, and a thorough understanding of the laws. Whether you are seeking citizenship by descent, marriage, or residence, it is essential to follow the correct procedures and meet all legal requirements. Each pathway has its peculiarities, and in some cases, it may be helpful to consult a specialist or attorney to navigate any legal complexities.

For those seeking Italian citizenship and needing clarification on both tax matters and immigration laws, Moving2Italy offers specialized consultations. This company provides support on managing international taxation, filing taxes in Italy, and understanding the implications of dual citizenship, as well as guiding clients through the complex immigration processes. Their services are particularly useful for those living abroad who need expert guidance on how to integrate into the Italian tax system and comply with immigration laws.