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According to the Italian regulations presently in force, different cases apply through which the Italian citizenship is acquired; some of them are automatic, whereas other ones depend on the occurrence of specific conditions, on the expression of intent and on a decision by the Authorities. It is unlawful to deny the granting of nationality if applicants do not autonomously earn the income required but are able to obtain it thanks to the financial conditions of the their families as a whole. For the correct presentation of the application and for obtaining the correct documentation to include it is crucial to have the assistance of an English-speaking lawyer/attorney in Rome who is entirely familiar with the subject, who speaks English and who resides in Rome. The project is funded by the European Commission Fund for the Integration of Third Country Citizens. – Photocopy of passport, Permit of Stay, fiscal documents and receipt of payment of 200 euro processing fee. Here it follows some of the main decisions. 12 of the Regulation implementing the Law. ). After Brexit and after the uncertainties relating to the future of the European Union there has been an increase in the applications for acquiring Italian citizenship. A recent sentence by the Supreme Court of Appeal en banc (n. 4466 dated 25 February 2009) nonetheless stated that (on the basis of the sentences of the Constitutional Court no.87 dated 1975 and no.30 dated 1983) the status of Italian citizen can be recognised in a judicial forum to children born before 1° January 1948, from Italian women married to foreigners. Some of the main benefits of citizenship actually come as a result of Italy being a member of the EU. For people who have an Italian parent or grandparent, three years. The agreement between the Italian Republic and the Republic of Argentina, signed in Rome on 9.12.1987, ratified by Law n. 533/1988, regulates the exchange of deeds concerning marital status and the possible exemption of legalization on condition that they are dated, complete with signature and, where necessary, with the stamp of the corresponding Authorities who issued them. To qualify, your parents or parent must still hold their Italian citizenship. 1.- Cases in which the citizenship is automatically acquired, Integrazione Migranti © 2015 - Tutti i diritti riservati -. The Us Department of Homeland Security website contains the information and the forms necessary to acquire the US citizenship. Required limit of annual earnings: all the foreign citizens who fall within one of the above-mentioned cases are required to meet one other requirement – that of personal earnings or family earnings if belonging to the same nuclear family and resulting in the same family status. I'm not sure if this is a viable option. The foreigner or stateless person, if residing for at least 12 months in Italy if they have children born or adopted in marriage; if there are no children the requirement for residence in Italy rises to 24 months, that is to say 2 years of cohabitation with the Italian citizen. The Italian government has passed a decree which will make it easier to deport migrants and strip them of Italian citizenship. Italian Citizenship Assistance (ICA), an Italian company that helps foreigners become citizens, told CNN that the number of applicants from the … Italy announced plans to give citizenship to children born of refugees who have been granted asylum, as the government faced growing anti-immigrant sentiment over … Finally, the son of unknown parents found in the Italian territory, if not owning any other citizenship, is considered as Italian national; any foreign minor adopted by Italian nationals acquires the citizenship by right; if, conversely, the child adopted is an adult, the acquisition of the Italian citizenship is possible only upon application by the interested party, after five years of legal residence in Italy. urged the Prefectures to comply with the deadlines provided for by the Law. The Italian law accepts double (or multiple) nationality. The judgement stated that the Administration shall notify the impedimental reasons for the rejection of the application, hence allowing foreign nationals to exercise their reasons or provide clarifications on the issues identified by the Authority. The residence requirement is reduced to three years for descendants of Italian citizen grandparents and for foreigners born in Italy, four years for nationals of EU member states, five years for refugees or stateless persons, and seven years for someone who was adopted as a child by an Italian citizen. Nationals associated with European Union member states must live in Italy for 4 years. Citizen resident legally in Italy for at least 4 years. marriage with an Italian citizen: the foreign or stateless spouse of an Italian citizen may acquire Italian citizenship after two years of legal residence in Italy or, if residing abroad, after … sanguinis" (right of blood), for which the son, born from Italian father or Italian mother, is Italian. Non-E.U. In all these cases, the acquisition of citizenship is automatic. The delay in completing the procedure for the granting of the Italian nationality (over 730 days as from the date of filing of the application) represents an unjustified behaviour by the relevant Administration, which although not leading to an implicit acceptance of the application, allows to place the Administration in default. ITALIAN CITIZENSHIP CAN BE ACQUIRED IN ONE OF THE FOLLOWING WAYS ... or following the recognition of status for stateless people or political refugees. To whom shall the application for the acquisition of the Italian citizenship by naturalisation be filed? From a wider international perspective on the access to citizenship, the first element that comes out is that regulations considerablyvary, and no real convergence exists. – The website of the German Ministry of Foreign Affairs contains information on the procedures to acquire the German citizenship as well as a series of useful FAQ, Cases in which the citizenship is automatically acquired, Cases in which the citizenship is acquired following an expression of intent, Cases in which the citizenship is acquired by naturalisation, Residence permit pending the acquisition of nationality. Photocopy of a valid passport and photocopy of the Permit of Stay. Also, to qualify through your mother, you must have been born after 1948. citizens a photocopy of the Declaration of Permanent Stay, to be. The application shall be equipped with a serried of documents listed in the application form. To be granted the Italian nationality, “it is not necessary to earn a steady or employment income; rather, it is sufficient to give evidence of the ownership of suitable means of sustenance" (i.e. In particular, the Italian citizenship is obtained on the basis of the following: Automatic granting (i.e. The citizenship by naturalisation is granted through a Presidential Decree. The website of the French Ministry of Foreign Affairs contains information on the procedures to acquire the French citizenship. Thank you for the help!! The competent authority performing the ascertainment is determined on the basis of the place of residence: for residents abroad, such authority is the, for residents in Italy, such authority is the Registrar of the. For foreign citizens from the E.U. Criminal Records Certificate from the country of origin and/or from any other countries the applicant has resided in previously. 5) Complete death certificate of the Italian ancestor who emigrated abroad and of his/her descendents; 6) certificate issued by the competent foreign State Authority for emigration, complete with official translation in the Italian language, attesting that the Italian ancestor (indicating also date and place of birth), who had emigrated from Italy, did not acquire the citizenship of the foreign state of emigration before the birth of the ancestor of the claimant. In these cases the application for nationality, addressed to the President of the Italian Republic, shall be filed to the. If, conversely, the cohabitation takes place subsequently or is discontinued, the minor child shall not acquire the Italian citizenship. On November 28 the Italian parliament gave green light to an immigration law that includes new requirements for Italian citizenship. Any children born in Italy from foreign parents, EU or non-EU citizens, stateless persons or refugees living in Italy are entitled to apply for citizenship provided they meet the following requirements: non-EU citizens must prove that they have been legally resident in Italy for 10 years; The documentation to be enclosed to the application is listed in the application form. cittadinanza – with the reason for payment: cittadinanza – contributo di cui all’art. Copy of the receipt of payment of €200,00 processing fee. The earnings taken into consideration are those relative to the 3 years preceding the application for citizenship within the following annual limits: Italian citizenship can be granted to refugees legally resident in Italy for at least 5 years. Minors born in Italy from foreign nationals cannot be ascribed their parents’ defaults relating to residence permits and/or birth formalities; therefore, what matters is the actual and steady residence of minors in the Italian territory since their birth, as well as their inclusion in its social-cultural fabric. Therefore, the municipality cannot ask the interested party to produce documents certifying statuses, personal qualities and facts that can be found at the municipal office through an application filed to another Administration. When the cities became Yugoslavia, my grandparents were considered Italian refugees and as Italian citizens were relocated to a refugee camp in Naples. 1 co. 12, legge 15 luglio 2009 n. 94. Italian law defines “refugee” as “a foreign citizen who, on the basis of on a well-founded fear of being persecuted by reason of race, religion, citizenship, belonging to a particular social group [or holding a particular] political opinion, is found outside of the territory of his/her country of citizenship and cannot or, on the basis of such fear, is unwilling to avail him/herself of the protection of his/her country.”A stateless person found outside the territory in which he/she previously had his/her usual residence for the same r… For refugees or stateless persons, five years. clarified that the cohabitation shall be stable and effective, and supported by suitable evidence and documentation. The non-adoption of a measure granting or denying nationality within the deadline provided for by the law does not entail a silence-refusal approach, since the Ministry of the Interior shall in any case issue an explicit decision. The main countries of origin were Nigeria, Pakistan and Gambia (totalling 43% of applicants). Adult Foreign Citizen, adopted by an Italian citizen, resident legally in Italy for at least 5 years following adoption. 3% of them acquired Italian citizenship (Italian national statistical institute, ISTAT). The residence permit pending the acquisition of nationality falls within the permits that guarantee higher stability “than all the other cases for the granting of a permit" and, therefore, although not mentioned in art. Apply in Italy to your regional prefecture. a. the Prefect in case of applications filed by foreigners legally residing in Italy; b. the Ministry of the Interior – Head of Department for Civil Liberties and Immigration, in case foreign spouses reside abroad; c. the Ministry of the Interior in case of National Security issues. Once the registration procedure is completed, it is possible to access the information requested by entering the code of one’s citizenship application. Similarly, it is possible to acquire the Italian citizenship without renouncing the nationality of one’s Country of origin. Naturally, the laws in force in the country of origin might envisage the loss of the citizenship of such Country in case of acquisition of another nationality. as subsequently amended), whenever the Italian nationality is pending, foreigners may obtain a residence permit authorising them to reside in Italy until the end of such procedure. 28 of the Consolidated Law on Immigration, among those “suitable to allow family unity”, however entitles to apply for family reunification. Citizens of Italy have different rights (and responsibilities) to migrants holding permanent residence. Use citizenship by descent if your parents are Italian. The ascertainment procedure is generally rather quick if the assessments to be performed show no particular difficulties. How can I apply for Italian citizenship? – the absence of interruptions in the transmission of citizenship . By naturalization: the foreigner can apply for Italian citizenship after ten years of legal residence in Italy, ... Reciprocally, Turkey massively naturalized the refugees of Turkish descent or other ethnic backgrounds in Muslim creed from these countries during a redemption process. If the Italian registers of births contain no evidence of the descent of a person from Italian parents or ancestors it is necessary to apply for the ascertainment of the Italian citizenship, that is to say an assessment of the existence of circumstances entailing the entitlement to the Italian citizenship as from the day of birth. Copy of receipt of payment of a €200,00 processing fee, to be paid on the current account no. For foreign citizens who, following marriage, have acquired the surname of their husband it is necessary to verify that the birth certificate includes both the maiden surname and that acquired as a spouse. In particular, the website contains reports published by history experts and documents on the present regulations on citizenship in any Country, besides databases for the research on the laws regulating nationality and all international legal rules on this topic. By birth, which is to say, as a foreigner born from an Italian parent, by the birth of a foreign child in Italy who becomes an Italian citizen on his or her 18th birthday, the so-called birth by “ius soli”, and by adoption of a foreign minor by one or both Italian parents, Also within the EU, the European Integration Process did not envisage any harmonisation of the rules regulating the access, passing and loss of nationality, being considered as inalienable prerogatives of the single national sovereignties. Citizenship by naturalisation is granted to the foreign national citizen: who has been legally residing in Italy for 10 years (non-EU citizens) who has been legally residing in Italy for 4 years (EU citizens); Thousands of people around the world who qualify for Italian Citizenship are currently exploring the possibility to become dual citizens. In-depth information on the regulations in force, by ANCI, Save the Children, Rete G2- Seconde generazioni, In-depth information on the rules and procedures regulating the acquisition of the Italian citizenship is also available in, In-depth information on the acquisition of the Italian nationality following marriage with an. The interested person shall however include in his/her application all the necessary elements to allow the Administration to find the information or data required. Those who receive subsidiary protection are subject to the general rule and must live in Italy uninterrupted for 10 years. According to the Law, the procedures for the granting of nationality shall end, The Ministry of the Interior, through its. 9 AM – 5 PM EST, Copyright © 2021 - Rossi & Rossi Law Firm di Carlo Umberto Rossi, Visa And Permit Of Stay For Self-Employment, English Speaking Italian Immigration Lawyer, English Speaking Italian Real Estate Law Firm In Rome, Siena, Perugia And Florence, Release of the EU BLUE CARD – Entry and residence. An entry visa for pending citizenship cannot be obtained from abroad. It is largely staffed by former migrants who have obtained Italian citizenship, including its president who came to Italy from Sudan in … Citizenship by naturalisation may also be granted in the following cases: a) if one of the parents or second direct ancestors of the foreigner, which have been legally residing in Italy for at least three years, are Italian citizens by birth; b) if adult foreigners adopted by Italian citizens have been legally residing in Italy for at least five years following the adoption; c) if foreign nationals have been State employees, including abroad, for at least five years; d) if foreigners born in Italy have been therein residing for at least three years. For applicants with a spouse, an increase of up to 516,00 euros for each further dependent person. The permit shall be applied to the Police Headquarters through the eligible Post Office by filing an application in a suitable form. For further information, please visit the website of the Italian Minister of Interior ... After ten years of residency in Italy, refugees may apply for citizenship. Italian citizenship is granted to any minor child adopted by an Italian citizen by means of a ruling of the Italian Judicial Authorities or, in case of adoption abroad, by means of a ruling issued abroad and made effective and binding in Italy, through an order (issued by the Juvenile Court for minors) for enrolling in the Civil Status Register. Italian citizenship through residence is granted by the Home Office to foreign citizens resident in Italy in possession of at least one of the following requirements: Foreign Citizen born in Italy and legally resident for at least 3 years. in the website of the Ministry of the Interior. Here it follows a series of websites where finding useful information and data on the acquisition of citizenship. ); Privileges and obligations granted by the law (descent, birth and continued residence, etc. allowing all those who filed an application for the Italian citizenship to check in real-time the status of their records. for stateless people or political refugees, 5 years of legal residence on the territory of the Italian State is required. If an Italian citizen adopts someone when they were a child, this person must live in Italy for 7 years. The declarations of intent to acquire the Italian citizenship shall be made to the. The acquisition of citizenship occurs automatically in the following cases: : the sons of mothers or fathers owning the Italian citizenship (including the sons born abroad from Italian citizens) are considered as Italian nationals. To this end, to women of Italian ancestry born abroad, until today, the faculty to transmit citizenship only to children born after 1 January 1948 was recognised, that is to say after the Constitutional Charter came into force, sanctioning the complete application of the principle of parity between men and women, as concerns the transmission to children of one’s citizenship. 1486 of 26. For house maids and in-home nurses and in general for home helpers, it is necessary to produce a State Pension (INPS) Statement. – Affidavit to be drawn up by the Council of residence. Italy (EU) The AIDA says refugees can obtain Italian citizenship after legally residing in Italy for five years. Our legal system has recognised to women the faculty to transmit their Italian citizenship to their children through the Constitution. birth, adoption, recognition or judicial statement of descent, etc. The acquisition of citizenship occurs on the basis of the so-called naturalisation in the following cases: either foreigners or stateless persons, wherever born, whose mothers and fathers (or one of their grandparents) were Italian citizens by birth and subsequently lost the Italian nationality, acquire the Italian citizenship if owning one of the following requirements: effectively do the military service in the Italian Armed Forces and preventively state they intend to acquire the Italian citizenship; perform a public employment, also abroad, for the Italian State; when turning 18, have been legally resident in Italy, with no interruptions whatsoever, for at least two years. For each of the five Countries involved, the website contains a research report (available both in Italian and in English) on the regulation and the procedures regulating the acquisition of citizenship, as well as a collection of regulations and an in-depth statistical analysis (updated as at 2009). Available Monday – Friday, The foreigner claiming recognition of Italian citizenship must produce the following documents: 1) Certified Abstract of an Entry in the Register of Births of Italian ancestor who emigrated abroad, issued by Italian Municipality of their birth (including all annotation and obviously especially any regarding possible loss and/or in reacquisition of Italian citizenship); 2) birth certificates, complete and in copy with an official Italian translation of all direct descendents, including that of the person claiming to possess Italian citizenship; 3) Complete marriage certificate of the Italian ancestor who emigrated abroad, together with an official Italian translation if the marriage took place abroad; 7) GRANTING OF ITALIAN CITIZENSHIP PURSUANT TO SPECIAL MERITS. How do I apply? The application needs to be submitted online through the website of the Ministry of Interior. The application for the Italian nationality shall be filed to the Prefecture – Territorial Office of the place of residence (or, if the interested person is located abroad, to the relevant diplomatic-consular authority) by means of a suitable written application (, ). scholarships, amounts received as compensation for damages, etc). •acquire Italian citizenship or another citizenship and enjoy the protection of their new country; •voluntarily reestablish themselves in the country that they left or to which they had not returned for fear of persecution. According to the website of the Embassy of Italy in Ottawa, it can be reduced to five years for displaced persons or refugees, to four years for EU citizens and to three years for descendents of former Italian citizens by birth (ibid. 37926 of 21st December 2010. ! 809020 to the attention of: Ministero Interno D.L.C.I. By application: through marriage or residence. Following the application for asylum, refugees are taken to Calabria the same day. Any child born of an Italian father or mother is automatically Italian, as is a child born in Italy of unknown or stateless parents, or if the child doesn’t obtain the citizenship ( cittadinanza) of its parents under the law of their country. - The Italian mother can transfer her Italian citizenship only to children born from 01.01.1948, providing that she has not lost her Italian nationality; - Applicants will need to attend the Consulate in person. One particular regulation is provided for foreigners who have an ancestor who was an Italian citizen and emigrated abroad without losing his or her citizenship. Form A application with € 16,00 stamp duty payable; Birth certificate translated into Italian; Criminal Records Certificate from the country of origin and from any other countries the citizen has resided in; Photocopy of Stay of Residence and for E.U. 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