Navigating Italian Citizenship through Marriage or Civil Union: A Detailed Overview of Laws and Regulations

Acquiring Italian citizenship through marriage or civil union is a process governed by precise regulations outlined in Articles 5, 6, 7, and 8 of Law n. 91 of 1992 on Italian Citizenship. Understanding the intricacies of these regulations is crucial for those seeking this path to Italian citizenship.

The End of Automatic Italian Citizenship through Marriage in 1983

On April 27, 1983, Italy marked a pivotal moment in its citizenship laws with the implementation of Law no. 123. This significant legal reform marked the end of an era, ceasing the automatic acquisition of Italian citizenship by foreign women who married Italian men. Previously, this marriage triggered an immediate grant of Italian citizenship.

With the advent of this law, foreign women and men were placed on equal footing when marrying Italian spouses. No longer would marriage result in an automatic and immediate grant of Italian citizenship. This shift emphasized equality and uniform treatment in matters of citizenship acquisition.

Understanding the implications of this change is crucial, especially in the realm of jure sanguinis citizenship recognition. For instance, when an Italian husband naturalized as a foreign citizen post-marriage, the automatic Italian citizenship acquired by the wife upon marriage could hold significance, particularly in cases predating 1948.

A notable scenario is when the dissolution of a marriage occurred. The dissolution itself didn't terminate the wife's automatically acquired Italian citizenship, except if it happened before April 27, 1983, and the woman left Italy before this date, retained or acquired a foreign citizenship, or never resided in Italy. Furthermore, remarriage alone wouldn't terminate her Italian citizenship, unless specific criteria were met.

Law no. 123 also brought alterations in how minors were treated concerning citizenship, building on changes initiated on March 10, 1975, when Italy lowered its age of majority from 21 to 18. The law outlined conditions under which a minor would lose Italian citizenship when their Italian parents naturalized as foreign citizens.

It's imperative to consider these legal shifts and understand their implications, especially if you are delving into jure sanguinis citizenship recognition. These changes signify Italy's commitment to ensuring fairness and equality within its citizenship laws, ushering in an era where acquisition of citizenship is more intentional and carefully regulated.

Application Timelines and Eligibility

For a non-Italian spouse married to an Italian citizen and residing in Italy, the option to apply for Italian citizenship becomes available after two years from the date of the marriage or civil union. However, this two-year term is reduced by half if the couple has children under the age of 18 or if the children have been legally adopted.

For foreign nationals residing outside Italy, eligibility for Italian citizenship by marriage or civil union is granted three years after the date of marriage or civil union with an Italian Citizen. Similar to the residence in Italy scenario, this term is halved if the couple has children under the age of 18 or if the children are legally adopted.

Recognition of same-sex civil unions was established in Italy in 2016, ensuring equal rights and recognitions for same-sex couples. All same-sex marriages celebrated abroad are recognized in Italy as Civil Unions, granting them most of the legal protections accorded to married couples.

Financial Aspects and Language Proficiency

The application fee for Italian citizenship by marriage or civil union amounts to €250. This fee can be paid via wire transfer or through the postal system for applicants residing and applying within Italy.

A significant amendment was introduced by Law December 1, 2018 n. 32, mandating applicants for Italian citizenship by marriage to demonstrate an adequate knowledge of the Italian language (B1 level). This proficiency must be certified by an educational institution recognized by the Italian Ministry of Education (“MIUR”) or Ministry of Foreign affairs (“MAECI”).

Prerequisites and Documentation

Apart from the time requirements mentioned above, several prerequisites need to be fulfilled to initiate the citizenship process. These include ensuring proper registration with AIRE (for those residing abroad), registering the foreign marriage record, or same-sex marriage/civil union through the local Italian consulate, and ensuring the marriage or civil union record is duly registered in Italy by the respective comune.

When it comes to where to file the citizenship application, if the couple resides abroad, the application must be submitted at the local Italian consulate where the Italian spouse is registered with AIRE. Conversely, if the couple resides in Italy, the application must be filed at the local “Prefettura”.

Application Process: Online and Final Appointment

The application process unfolds in two stages: an online application on the web portal of the Italian Ministry of Interior, followed by a final appointment for the submission of original documents and signing of the citizenship application at the consulate or Prefettura.

The required documentation for the application includes a copy of the marriage certificate transcript, criminal background checks, a certified copy of the foreign birth certificate, and Italian language certification attesting B1 proficiency. All foreign documents must be legalized with an “Apostille” and translated into Italian.

Processing Time and Conclusion

The processing time for applications by marriage has undergone changes over the years, evolving from a maximum of 730 days to the current 24 to 36 months. The process culminates in a citizenship ceremony at the consulate, where the Italian spouse affirms the validity of the marriage.

Pre-1983, foreign women who married Italian men obtained Italian citizenship automatically and instantly. This avenue is still open for those married prior to April 26, 1983, as long as the marriage was valid at that time.

Understanding these legal intricacies is essential to successfully navigate the path to Italian citizenship through marriage or civil union. It involves careful adherence to the laws, meeting the necessary criteria, and providing the required documentation for a seamless application process.