Pursuing Italian Citizenship by Descendancy: A Direct Path via Italy

Are you an Italian American eligible for Italian citizenship by descendancy, eager to explore the direct route to Italy for your application rather than enduring the lengthy consulate waits? In this blog, we'll take you through the step-by-step process of securing Italian citizenship in Italy.

Step 1: Declaring Presence

All visitors to Italy are required to declare their presence within 8 days of arrival. There are 3 ways this can be accomplished:

a. If you fly direct from the United States to Italy, then the border control officer will place a stamp inside your passport which indicates the date you entered the country. If they try to wave you through without stamping your passport, you can ask for the stamp.

b. If for some reason you will not be traveling direct to Italy but rather first landing in another Schengen Zone country before entering Italy, then your passport will lack a necessary entry stamp called a "timbro". If you check into a hotel (B&B, agriturismo), they will ask for your passport. As required by law, they use your passport and registration information to report your presence. Be certain to obtain a copy of your hotel registration as this will serve as your declaration of presence.

c. In the absence of either of the above, you must go to the Questura, located in the provincial capitol (Police Station) of your chosen comune within eight days of entry into Italy to file a Declaration of Presence within the country, known as a "Dichiarazione di Presenza". The officer at the Questura will want to know why you are there and why you feel you need to make a Dichiarazione di Presenza, so you will need to bring all your paperwork with you to show him/her that you are in Italy to apply for Italian citizenship and will need the Dichiarazione di Presenza to obtain residency status at your selected comune. You will also need to bring a 3×4 photo of yourself and proof that you are staying somewhere in Italy. This can be your lease agreement, hotel registration, or a letter of hospitality issued by your host.

Step 2: The Codice Fiscale

To kickstart your journey, you'll need to acquire a codice fiscale. Think of it as Italy's version of the US Social Security Number. You can obtain this code either from your Italian consulate in the USA before your Italian adventure or by visiting the Agenzia delle Entrate in Italy.

Important Note for Married Women: When requesting a codice fiscale, be sure to use your maiden name, matching your birth certificate.

Step 3: Notify the Questura

Once you've secured long-term housing in Italy, your property's owner has 48 hours to inform the Questura (police headquarters) that their property is rented and occupied. The Questura will issue a document known as "Communicazione di Cessione di Fabbricato," a vital piece for your residency application at the comune (municipality). If the property owner fails to do this, you may need to visit the Questura yourself to file the application.

Keep in Mind: This document is typically unnecessary if your rental contract was registered with the Agenzia delle Entrate, as they handle this process on behalf of the owner. It's also not needed if you're living with a friend or relative who has filed hospitality declarations for your stay.

Step 4: Establish Residency

Before you can proceed to apply for Italian citizenship recognition at the City Hall (Palazzo Comunale), you'll need to establish residency within the Comune. This requires either your timbro (stamp) or Dichiarazione di Presenza (declaration of presence) and a fixed address in Italy. More details on timbro/Dichiarazione can be found in Step 2.

Step 5: Potential Need for Permesso di Soggiorno (PdS)

In some cases, Anagrafe clerks may require you to obtain an extended stay permit called Permesso di Soggiorno (PdS) before they register you as a resident. This can be necessary if they anticipate that your citizenship application might take longer than the 90 days allowed by your passport. You can find more details about obtaining a PdS in Step 4.

Step 6: Confirmation and Citizenship Application

Once your residency application is accepted, a police officer will visit your residence to confirm your presence. With this confirmation, the comune will include you in their database.

Once you've secured official resident status, you can schedule a citizenship appointment at City Hall or potentially walk in if walk-ins are accepted. The Stato Civile officer will meticulously review your documentation. If everything meets their standards and criteria, you'll be issued a document confirming that you've submitted your application.

Non Rinuncia Checks: Part of the processing of your application involves verifying that neither you nor your ancestors voluntarily renounced Italian citizenship before an Italian authority. The clerk will coordinate with consulates abroad for this verification.

Step 7: Extended Stay Permit (PdS)

If the previous steps exceed the 90-day limit of your passport, it's essential to obtain a Permesso di Soggiorno in Attesa di Cittadinanza (PdS IAC). This permit allows you to stay for up to one year while you await the conclusion of your citizenship application. Details on obtaining a PdS can be found in Step 4.

Step 8: Tax Implications

Living in Italy can have tax implications. According to Article 2 of the Italian Tax Code, you're considered an Italian resident for income tax purposes if you stay for more than 183 days in a fiscal year. Plan your timing accordingly to avoid tax obligations if your intention is not to stay beyond your recognition.

Bringing Your Non-Italian Spouse: Whether your non-Italian spouse can accompany you depends on the processing time. If you can complete the process within 90 days, they can stay on their tourist visa. After the 90-day period, they must leave Italy unless they have arrange for a different type of visa. Choosing an efficient and fast-processing commune is crucial if you want your spouse to accompany you.

Navigating the intricate process of securing Italian citizenship by descendancy directly in Italy can be in challenging. However, fear not, as we are here to help you streamline this daunting journey. With our guidance and expertise, you can simplify the complex steps and move closer to making Italy your new home, where you can fully embrace the rich culture and history it has to offer. Buona fortuna as we work together to make this dream a reality.