In recent years many people around the word, and particularly in the U.S., have started looking into the possibility of applying for Italian citizenship due to the benefits that it entails, from the freedom of movement in the EU to the investment opportunities in Italy’s real estate market.

There are several ways to acquire Italian citizenship; it will be the aim of this article to provide you with an overview of the different paths towards obtaining Italian citizenship, as well as a brief explanation of the application process that each one involves.

Citizenship jure sanguinis (by descent)  

Given the large migration waves from Italy to the U.S. and to other countries in Latin America between the late 1800’s and the early 1900’s, there are many people today who qualify for Italian citizenship by descent and therefore, applying for citizenship jure sanguinis can be one of the most popular and viable routes for many people. As explained in many of our previous articles, in order to qualify for Italian citizenship by descent your ancestor who was born in Italy must have been alive at the time Italy was unified as a nation on March 17, 1861, or he/she must have been born after that date. In addition to this, your ancestor must have never naturalized or must have naturalized after his child’s birth. Finally, none of your ancestors in your Italian lineage must have renounced their right to Italian citizenship. If these requirements are met you can file your application at an Italian consulate or at a municipality in Italy. In order to apply you will need to collect all of your family’s vital records (birth, marriage, divorce and death records) and proof of naturalization or non-naturalization pertaining to your Italian ancestor. The records must be legalized with apostilles and accompanied by a professional translation into Italian. Please note that the specific requirements regarding the vital records which must be submitted are available on the website of the consulate to which you will be applying. It is worth specifying that you can only apply for citizenship at the consulate that covers the jurisdiction where you reside. On the other hand, if you decide to file your application directly in Italy, a prerequisite for submitting your citizenship kit is that you establish residency in the municipality where you intend to apply. When your residency status has been confirmed you will be able to submit your application at the municipality’s town hall.

Once you are recognized as an Italian citizen, your vital records will be registered in Italy and you will be able to apply for an Italian passport at your local consulate or at the local police headquarters (“Questura”) if you apply in Italy.

Citizenship via a “1948” case

Some people may not qualify for Italian citizenship by descent via a male ancestor because he might have naturalized before his child’s birth thus breaking the Italian chain; nevertheless, they might be able to apply via a female ancestor instead via a 1948 case, which can be filed at a local court in Italy. Prior to January 1, 1948, which is when the Italian constitution came into effect, men and women did not have equal civil rights and thus women were not allowed to pass their citizenship to their children. This changed when the constitution came into effect and granted women the right to pass their Italian citizenship. Therefore, if there is a female ancestor in your Italian lineage who was born in Italy and who gave birth to her child prior to January 1, 1948, you might be able to apply for citizenship retroactively by filing a lawsuit at a court in Italy. In fact, in 2009 a legal precedent was established and since then many people have been granted citizenship via the court system.  

Italian citizenship by marriage

Another way to apply for Italian citizenship is through marriage. It is worth mentioning that unlike applying for citizenship by marriage in other countries such as the U.S, for instance, if you are married to an Italian citizen you do not need to reside in Italy in order to be eligible to apply for citizenship by marriage. If you reside abroad you can apply after three years from the date of marriage or civil union; on the other hand, if you reside in Italy, you can apply after two years. If you have minor children the number of years which are necessary to apply is halved. In addition to this, you must provide clean criminal records issued by all the states in which you have resided since the age of 14 and you also need to pass a B1 language test. The language requirement is compulsory unless you have attended school in Italy or you hold a degree in Italian. Finally, you will also need to provide a form of ID, a copy of your birth certificate duly legalized and translated into Italian, and proof of payment of 250 euros.

As for submitting the application per se, this can be done via the online portal of the Italian Ministry of the Interior. Once the paperwork has been assessed, if you reside abroad, the Italian consulate where your Italian spouse is registered with the A.I.R.E. will contact you so that you can submit original copies of the records. On the other hand, if you reside in Italy, you will need to submit them at the local prefecture (“Prefettura”) which covers the jurisdiction where you reside.

Citizenship by residency without Italian ancestry

If you have explored all the potential paths towards acquiring Italian citizenship but you do not meet the eligibility requirements, you might consider applying for citizenship by residency.

The main eligibility requirement to apply rests on the basis of the number of years of legal residency in Italy. Non-EU citizens are required to have resided in Italy for at least 10 years. On the other hand, for EU citizens the period of residency required is 4 years. Please bear in mind that if you are a non-EU citizen you need a residency permit to be able to live in Italy for the number of years which are needed in order to apply. In addition to the requirements above, you also need to have certified knowledge of Italian (B1 level is required) and you also need to provide evidence that your yearly income has not been lower than € 8.263,31 for the past 3 years. If you are married your yearly income must not have been lower than €11.362,05, and an additional € 516, 46 is required for every dependent child. You can submit your application via the website of the Italian Ministry of the Interior. Once your application has been approved you will then need to provide the local prefecture with original copies of your documents including an original copy of your birth certificate (duly legalized and translated) and clean criminal records issued by all the countries in which you have resided since the age of 14.

Finally, it is worth pointing out that if you have any minor children who are living with you when you are granted citizenship, they will automatically become Italian citizens.

Citizenship by residency with Italian ancestry

If you have Italian parents or grandparents who were born in Italy but who naturalized in a foreign country thus breaking the Italian chain, you can apply for citizenship by residency and you will only be required to reside in Italy for three years in order to file your application. As with the previous case, you will need to prepare the relevant documentation and submit it via the website of the Italian Ministry of the Interior. Once your application has been approved you will need to provide the local prefecture with original copies of all the records and ultimately, you will be issued an Italian passport.

If you would like further information about the paths towards acquiring Italian citizenship outlined above, or if you would like a free eligibility assessment, please feel free to contact ICA at [email protected].