Italian nationality law

Italian nationality law is the law of Italy governing the acquisition, transmission and loss of Italian citizenship. Like many continental European countries it is largely based on jus sanguinis. It also incorporates many elements that are seen as favourable to the Italian diaspora. The Italian Parliament's most recent major update of Italian nationality law is Law no. 91 of 1992, which came into force on August 15, 1992. Presidential decrees and ministerial directives, including several issued by the Ministry of the Interior, instruct the civil service how to apply Italy's citizenship-related laws.

Acquisition of citizenship

Cover of an Italian biometric passport issued in 2006

Italian citizenship can be automatically acquired:

• By filiation (birth to an Italian parent); this is consistent with the principle of jus sanguinis.
• By birth on Italian territory to stateless parents or to unknown parents or to parents who cannot transmit their nationality; this is partially consistent with the principle of jus soli.
• With the acknowledgment or legitimation of an Italian mother or father.

Through special application:

• For those of Italian origin up to the second degree, the applicant must have served in the Italian military or civil service or have resided for two years in Italy after reaching the age of majority.^[1]
• If Italian-born, the applicant must have resided in Italy continuously from birth to adulthood.

Through marriage:

• Foreign women who married an Italian citizen before April 27, 1983, were automatically granted Italian citizenship. (Foreign men who married Italian women were not granted this privilege.) Note that children born to Italian mothers before January 1, 1948, were not born Italian citizens unless they had an Italian father.
• After 6 months legal residence in Italy, or 3 years living abroad. This time will be reduced by half if the couple has children (natural or adopted). The spouse of an Italian citizen can apply for Italian citizenship through naturalization.^[2]

Through naturalization:

• After 10 years of legal residence in Italy, in the absence of a criminal record, and with sufficient financial resources, a foreigner may naturalize as an Italian citizen. The residence requirement is reduced to three years for descendants of Italian citizens up to the second degree and for aliens born on Italian territory, four years for nationals of EU member states, five years for refugees or stateless persons, and seven years for the adoptee of an Italian national.

Special acquisition of citizenship through jure sanguinis

Inside cover of an Italian biometric passport issued in 2006

Citizens of other countries descended from an ancestor (parent, grandparent, great-grandparent, etc.) born in Italy may have a claim to Italian citizenship by descent.^[3]

One must apply through the Italian consulate that has jurisdiction over their place of residence. Each consulate has slightly different procedures, requirements, and waiting times. However, the legal criteria for jure sanguinis citizenship are the same.

Basic Criteria for Acquisition of Citizenship jus sanguinis:

• There were no Italian citizens prior to March 17, 1861, because Italy did not exist as a nation. Thus the oldest Italian ancestor in any jus sanguinis citizenship application must have been still alive on or after that date.
• Any child born to an Italian citizen-parent (or parent also with the right to Italian citizenship jus sanguinis) is ordinarily born an Italian citizen, with the following caveats:
  • If the child was born before August 15, 1992, the Italian parent must not have naturalized as a citizen of another country before the child's birth.
  • If the Italian parent naturalized as a citizen of another country on or after July 1, 1912, and prior to August 15, 1992, and if the child did not acquire the citizenship of that country automatically at birth, then the child must have reached legal adulthood (age 21 prior to March 10, 1975; age 18 thereafter) prior to the parent's naturalization.
  • If the child's Italian father naturalized as a citizen of another country prior to July 1, 1912, the child must have reached legal adulthood (age 21) by the time the father naturalized.
  • If the child had an Italian mother and a foreign father, the child must have been born on or after January 1, 1948.
  • The child must not have renounced Italian citizenship. Most commonly, renunciation occurred if the child naturalized as the citizen of another country voluntarily, as an adult, and prior to August 15, 1992.^[3]

All conditions above must be met by every person in a direct lineage. There is no generational limit, except in respect to the March 17, 1861, date. Note that if the Italian parent naturalized as a citizen of another country independently, and prior to reaching legal Italian adulthood (age 21 prior to March 10, 1975, and age 18 otherwise), then often that parent retained Italian citizenship and could still pass citizenship on to children. Also, a single, qualifying Italian parent (father only before January 1, 1948) is sufficient to pass on citizenship, even if the other Italian parent naturalized or otherwise became unable to pass on citizenship. Sometimes that qualifying parent is the "foreign" mother, because foreign women who married Italian men prior to April 27, 1983, automatically became Italian citizens and, in many cases, retained that citizenship even if their Italian husbands later naturalized.

Common Sample Cases:

• Your father was officially recognized as an Italian citizen at the time of your birth and you never renounced your right to Italian citizenship.
• Your mother was officially recognized as an Italian citizen at the time of your birth, you were born on or after January 1, 1948, and you never renounced your right to Italian citizenship.
• Your father was born in a country other than Italy, your paternal grandfather was officially recognized as an Italian citizen at the time of his birth, and neither you nor your father ever renounced your right to Italian citizenship.
• Your mother was born in a country other than Italy, your maternal grandfather was officially recognized as an Italian citizen at the time of her birth, you were born on or after January 1, 1948, and neither you nor your mother ever renounced your right to Italian citizenship.
• Your paternal or maternal grandfather was born in a country other than Italy, your paternal great grandfather was officially recognized as an Italian citizen at the time of his birth, and neither you nor your father nor your grandfather ever renounced your right to Italian citizenship.

NOTE: Please be aware that you may still be eligible even if your case cannot be found above. Please use the basic criteria above to follow your situation in detail in any case.

Basic Documents Required:

• Your application with sworn affidavit you never renounced your Italian citizenship.
• A photocopy of your current passport and proof of residency ID.
• Your Birth Certificate, with apostille attached and translated into Italian.
• Your Parents' Marriage Certificate with apostille attached and translated into Italian.
• Your Parents' Birth Certificates with apostilles attached and translated into Italian (if not from Italy).
• Your Grandparents' Birth Certificates with apostille attached and translated into Italian (if not from Italy).
  • Continue this process back to the ancestor who emigrated from Italy.
• If you are claiming through a grandparent you will need your grandparents' marriage certificate(s) with apostille(s) attached and translated into Italian (if not from Italy) .
• For an Ancestor who emigrated to the US, you will need his/her naturalization records from USCIS that show that s/he did not become a US Citizen before his/her child was born.
  • If USCIS responds with "No Records Found" you will have to contact NARA for the information.
    • If NARA responds with "No Records Found" you will have to contact the United States Census Department and ask for the census that took place before and after your Italian ancestor's child was born with the field report from the street they lived on.
      • If the United States Census responds with "No Records Found" it will be assumed your Ancestor never became a US citizen and retained his/her Italian citizenship and passed it on to his/her child.
• If there were any divorces in the line between you and your Italian ancestor, you will have to obtain all divorce records with apostilles attached and translated into Italian. You will also need a "Certificate of Clerk - No Appeal."
• If any of the people mentioned above are deceased you will need their Death Certificates with apostilles attached and translated into Italian (if not from Italy). NOTE: Some consulates only require death certificates for those born in Italy.
• All documents with errors must be corrected before being submitted. For example, if your Italian ancestor emigrated to the U.S. and took on an "Americanized" name (for example, Italian name: Giulia / American name: Julia), and the Americanized name was used on any previously mentioned certificates, the name will have to be corrected to match the name on their Italian Birth Certificate.

NOTE: These "basic documents required" are not written by a Consular Citizenship Officer. Many of the guidelines above may not reflect the guidelines that your consulate may follow. Please check with your consulate directly before taking the information here as what every consulate expects and requires.

Dual/multiple citizenship

According to Italian law, multiple citizenship is explicitly permitted under certain conditions if acquired on or after August 15, 1992. (Prior to that date it was tolerated, but not explicitly acknowledged, under certain conditions, including Italian citizens with jus solis citizenship elsewhere.) Those who acquired another citizenship after that date but before January 23, 2001, have three months to inform their local records office or the Italian consulate in their country of residence. Failure to do so carries a fine. Those who acquired another citizenship on or after January 23, 2001 can send an auto-declaration of acquisition of a foreign citizenship by mail to the Italian consulate in their country of residence. On or after March 31, 2001, notification of any kind is no longer necessary.

Notes

1. ^ "Consulate General of Italy in Boston". http://www.consboston.esteri.it/Consolato_Boston/Menu/I_Servizi/Per_i_cittadini/Cittadinanza/. Retrieved 2009-01-09. 
2. ^ "CITIZENSHIP Special Application". http://www.ambwashingtondc.esteri.it/Ambasciata_Washington/Menu/Informazioni_e_servizi/Servizi_consolari/Cittadinanza/. 
3. ^ ^{a b} "Citizenship - iNFROMAZIONI CITTAD. PER DISCENDENZA". http://www.conssanfrancisco.esteri.it/NR/rdonlyres/C8A08875-C4F9-43C9-B365-BBB4DC45DCCA/0/JURESANGUINISINFORMAZIONI1.doc. 

External links

• Luigi Paiano Law firm in Bologna, Italy, Italian citizenship attorneys
• Where to apply for a visa in your country, Ministero degli Affari Esteri
• Embassy of Italy, Washington D.C.
• Italian Citizenship Eligibility Jure Sanguinis Questionnaire
• Embassy of Italy, Ottawa, Canada
• Embassy of Italy, Buenos Aires, Argentina (Spanish and Italian)
• Embassy of Italy, Santiago de Chile
• Embassy of Italy, London, U.K.
• Embassy of Italy, Canberra, Australia
• Consulate General of Italy, Sydney, Australia
• Embassy of Italy, Caracas, Venezuela

See also

Italy portal