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IMMIGRATION

Italy ‘still committed’ to bill on citizenship rights for migrant children

Italian Prime Minister Paolo Gentiloni said the government is still committed to a bill that would grant citizenship rights to children born to migrant parents.

Italy 'still committed' to bill on citizenship rights for migrant children
People take part in a demonstration seeking reform of Italy's citizenship law in 2016. Photo: Filippo Monteforte/AFP

A parliamentary vote on the bill, which has the support of the ruling Democratic party, was stalled in July amid vehement opposition from right-wing and centre-right conservative parties.

Gentiloni said at the time that the vote would be dropped until later in the year due to other “urgent deadlines”.

The announcement of the delay also came after a surge in migrant arrivals in June which brought the total arriving since the start of the year to almost 100,000. It also followed a poll which showed dwindling support for the legislation among Italians, even though such a path to citizenship exists in many other EU countries and despite supporters insisting the draft law has nothing to do with newly-arrived migrants.

Currently, children born to immigrant parents in Italy have to wait until they turn 18 before being eligible for citizenship.

The bill was also scrapped from the senate’s September calendar after failing to garner enough support in the upper house.

But Gentiloni insisted on Thursday it remained “a job to do”.

“It's still summer, the commitment we talked about remains,” he said.

Under the proposed legislation, one of the parents would have to have been legally present in Italy for five years for children born here to be granted citizenship, so it would not apply to those refused asylum and ordered to leave the country.

Along with the far-right Northern League, opponents include the Popular Party (AP), a small centrist party in the ruling coalition led by foreign minister Angelino Alfano.

The number of people arriving on Italy’s shores has fallen since the Italian government launched a crackdown on NGO search and rescue ships operating off the coast of Libya in the Mediterranean in July.

 

For members

ITALIAN CITIZENSHIP

Quick guide: Who is eligible for Italian citizenship?

There are many practical benefits to being an Italian citizen, not least the right to freely move and reside within the EU. But exactly who's eligible and what are the requirements?

Quick guide: Who is eligible for Italian citizenship?

Italian citizenship applications can be drawn-out and expensive affairs, often requiring months of appointments and piles of paperwork.

But being an Italian cittadino comes with a number of practical benefits, including freedom of movement across the EU, the right to vote in Italian elections and free access to Italy’s healthcare system if you live in the country.

Further, the Italian passport is considered to be one of the world’s “most powerful” as it grants visa-free entry to more countries than almost any other passport.

But who is eligible for Italian citizenship?

There are several different routes to Italian nationality, which are generally grouped into two major categories: automatic citizenship (acquisto automatico or cittadinanza automatica), which, as suggested by the name, is granted automatically to those eligible, and citizenship ‘by concession’ (cittadinanza per concessione), which must applied for and is only granted if all the relevant requirements and eligibility criteria are met.

Cittadinanza per concessione

Citizenship by descent 

Italy is fairly lenient when it comes to jus sanguinis, or ancestry-based, citizenship applications.

Anyone who can prove that they had an Italian ancestor who was alive after March 17th, 1861 (when the Kingdom of Italy was officially born) and that no one in their line of descent renounced Italian citizenship before the birth of their descendant is eligible to apply.

However, proving you’re a direct descendent of someone who’s often long dead and you may only know through grainy black and white photographs can be a long and convoluted process.

READ ALSO: An expert guide to getting Italian citizenship via ancestry

Further, anyone applying via their maternal line of descent needs to be aware of the ‘1948 rule’ and how this could affect their application process. Find out more about that here.

Unlike citizenship through residency or marriage (see below), your ancestry-based application isn’t subject to language requirements or other administrative hurdles as you’re essentially applying to have an existing right recognised.

You can apply for citizenship via ancestry at the nearest Italian consulate in your home country or at your local town hall if you live in Italy. 1948 rule applicants must directly petition Italian courts to have their citizenship case heard.

Citizenship by marriage

If you’re married to an Italian, you can file your application for citizenship after two years of legal residence in Italy, or after three years if living abroad.

This time is reduced by half if you have children (natural or adopted).

Under a 2018 law change, applicants must take a B1 language test. For info on what the test involves and where you can take it, see our guide.

You cannot apply for citizenship via this route if you’re divorced from your Italian spouse, or if she or he has passed away.

READ ALSO: What I learned from applying for Italian citizenship by marriage

You can apply for citizenship via marriage at an Italian consulate in your home country, or in Italy by submitting your application to the interior ministry online.

Citizenship by residency

Though it is often considered the most complex way to gain Italian citizenship, this is a popular route among aspiring citizens: of the 121,457 people that were granted citizenship in 2021, nearly 51,000 people qualified via residency.

As suggested by the name, you need to prove that you’ve legally lived in Italy for a minimum period of time in order to apply. This is 10 years for non-EU nationals and four years for EU citizens, but certain categories benefit from lower thresholds.

READ ALSO: Who is entitled to Italian citizenship by residency and how do you apply? 

As with the marriage route, most applicants must prove proficiency in the Italian language at B1 level (lower-intermediate level) or higher by taking a test. For further info, see our guide.

Applicants are also subject to income requirements.

Children born in Italy to foreign parents

Unlike in other countries around the world, including the US, merely being born in Italy doesn’t grant a child Italian citizenship.

Italy-born children of foreign nationals must reside in Italy ‘without interruption’ until the age of 18 and submit a statement of intent within one year of their 18th birthday in order to apply for citizenship.

READ ALSO: Reader question: Will my children get an Italian passport if born in Italy?

If that time window is missed, or they fail to provide proof of continuous residency, then the only option left is to apply for citizenship by residency (naturalisation) after three continuous years of legal residency in the country. 

This, however, is still lower than the normal residency threshold for EU nationals (four years) and non-EU nationals (ten years).  

Cittadinanza automatica

Children of an Italian national at birth

If at least one parent is an Italian citizen, the child will automatically be granted Italian citizenship at birth by virtue of the so-called jus sanguinis (‘blood right’).

This applies to children born abroad as much as it does to those born in Italy.

Children adopted by an Italian national

A foreign minor who’s adopted by an Italian citizen is automatically granted Italian citizenship. 

A foreign national aged 18 or over who’s adopted by an Italian citizen can apply for naturalisation following five years of continuous residency in the country.

Children of stateless or unknown parents

A child born in Italy to stateless (meaning they have no legal nationality) or unknown parents automatically acquires Italian citizenship.

Children whose parents become Italian citizens

A person who acquires Italian citizenship (or reacquires after losing it) passes it to any child under the age of 18 provided that they live with them “in a stable and concrete manner”. 

Things are different for children whose parents become Italian citizens after they turn 18 as they’ll have to file their own application. 

For instance, over-18s whose parents become Italian citizens via the residency route (or naturalisation) need to file their own naturalisation application following five years of legal residency in the country starting from their parents’ naturalisation date (generally coinciding with completion of the oath ceremony).

Special merits or services

Following a joint proposal from the Interior Minister and Foreign Minister, Italy’s head of state can grant citizenship to foreign nationals who’ve “rendered eminent services to Italy, or when there is an exceptional interest of the State”.

This is a very rare case.

For more information about applying for Italian citizenship see the Italian foreign ministry’s website or contact the nearest Italian consulate in your country.

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