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MARRIAGE

No, marrying an Italian won’t save you from Brexit

If you’re worried about Brexit repercussions and wondering if marriage to a local would solve all your problems, you should probably think twice.

No, marrying an Italian won’t save you from Brexit
Wedded bliss might not also mean residency bliss. Photo: AFP

“You’d better hurry up and find an Italian to marry, or you’ll end up getting kicked out after Brexit!”

If you're a British citizen living in Italy, chances are someone you know has made this kind of comment before.

Many people imagine that marrying an Italian means you’ll automatically be handed an Italian passport and thus avoid the upheaval and stress that will come with Britain leaving the EU – if and when that happens

READ ALSO: The ultimate no-deal Brexit checklist for Brits in Italy 

The threat of potentially having to return to the wet and windy UK means even the least marriage-minded of us may be tempted to broach the topic with our Italian partners, or consider taking that amorous waiter up on his latest offer.

But, while there are plenty of good reasons to marry an Italian, sadly we’re here to tell you it’s no guarantee of Italian citizenship and peace after Brexit. 

As anyone who has already married an Italian (for non-Brexit-related reasons, of course) is well aware, we sadly don’t get handed Italian citizenship immediately after exchanging vows, but must wrestle with much the same bureaucracy as everyone else.

Unfortunately, Italy won't give you one of these as a wedding present. Photo: Depositphotos

You will still have to wait two years after exchanging your vows at the local comune to be eligible for Italian citizenship, and even then, there’s no guarantee you’ll get it.

Marriage does allow a non-Italian spouse to apply for a long-term residency permit (permesso di soggiorno) which would mean they could stay in Italy.

However, having this would not solve all the Brexit-related problems of Brits used to having the rights that come with EU citizenship.

British citizens with residency permits are still expected to face more bureaucracy after a no-deal Brexit – to say nothing of the stress and other issues caused by uncertainty about their rights. 

Needless to say, the only way to fully escape this would be to have citizenship of another EU country.

However, it’s not all bad news:  the long road to getting Italian citizenship is made a little bit shorter by marriage

What does citizenship involve?

Citizenship gives you a lot more rights than residency, including the right to vote, and is consequently harder to obtain.

It was made harder still earlier this year when Matteo Salvini’s “anti-migrant” bill became law, doubling the wait time for applications to be processed and requiring that applicants now pass a language test.

There are broadly three ways to get citizenship: through residency, through marriage, or through having Italian ancestry. Eligibility criteria vary depending on the route.

And marriage won’t mean your Italian spouse gets British citizenship, either. To do so, they’d need to live in the UK with you for three years before applying and following the British citizenship application process.

How does being married help?

The first thing to know is that you can’t apply for citizenship right after the wedding.

The spouse of an Italian can apply for citizenship two years after the marriage if the couple lives in Italy, or three years if they live abroad, and the terms are reduced by half if they have children.

You’ll then wait up to four years – increased from the previous two years by the recently-passed laws – for your application to be processed, with your fingers firmly crossed. 

In the past, applications from spouses were pretty much guaranteed to be accepted. But now, they can be rejected by authorities for any reason.

So how long would it take?

Altogether, the process of obtaining citizenship after marriage will now probably take around 5-7 years, depending on your circumstances.

This is quite a bit shorter than the possible total of ten years now faced by EU nationals applying for citizenship via the long-term residency route, or longer for non-EU nationals using the same route (again the time it takes can vary greatly depending on your circumstances.)

But if you were hoping a quickie marriage to your local barista might solve all your Brexit problems, unfortunately it won't.

Read more on the requirements for citizenship applications here.

What about citizenship of another country?

If you are married to a citizen of another EU country you can apply for citizenship there and then, as an EU national, you will have the right to stay in Italy. Different countries all have their own rules for citizenship. Check out each country's requirements here.

So although being married to an Italian does help, it won't solve all of your residency problems. But least you'll have someone who is contractually obliged to listen to you complain about Italian bureaucracy.

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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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