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What Italy’s new laws mean for your citizenship application

As a new decree approved last week makes it harder to obtain Italian citizenship, we look at what the changes in the law mean for those who are applying.

What Italy's new laws mean for your citizenship application
Piazza del Campidoglio on the Capitoline Hill, City Hall of Rome. Photo: Depositphotos

The Italian parliament gave the green light to a new package of immigration laws on November 28th, with far-reaching consequences for many hoping that citizenship will be their ticket to settling in Italy.

The controversial bill was proposed by far-right Interior Minister Matteo Salvini, and mainly targeted the most vulnerable: refugees and asylum seekers.

Salvini says the measures are supposed to curb illegal immigration.

But they also negatively affect legal migrants. Civil rights and humanitarian organisations have been critical of the bill, as those living legally in the country could see their rights diminished and will now find it harder to become Italian citizens.

The decree is in fact a package of 54 new ‘security’ laws covering everything from police and fire service funding to laws aimed at preventing squatting.

But the harsh immigration laws included within the decree have been the most controversial part, and led to it being dubbed the ‘anti-migrant’ bill by Italian media.

Photo: DepositPhotos

One aspect of the bill not widely discussed was how it affects those applying for citizenship through ancestry or marriage. And as this affects many of The Local Italy’s readers, we’re taking a closer look at how rules on obtaining Italian citizenship have been tightened under the decree.

You can read the full official text here or a breakdown of the main points here (both links in Italian)

Italian citizenship rules

Italian citizenship can be acquired by people with Italian ancestors, through marriage to an Italian citizen, or by people who reside permanently in Italy. Eligibility criteria vary depending on the route.

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.

The residency requirement is four years for citizens from EU countries and 10 years for non-EU citizens.

These facts have not changed under the security decree.

The new law however means Italian authorities can now take up to four years, instead of the previous two, to process citizenship applications. How this improves security, no one seems to know.

The new bill also abolishes automatic consent in cases of ‘non-response’ from authorities – in the case that bureaucrats forget all about your application until after the four-year mark has passed (and if that sounds unlikely, you probably haven’t experienced much Italian bureaucracy.)

READ ALSO: How to beat (or just survive) bureaucracy in Italy: the essential pieces of paperwork

People applying for citizenship by marriage or residency will also now have to prove that they speak Italian, a condition previously not required.

The longer wait will be a particularly big problem for British residents in Italy and British spouses of Italians hoping to obtain citizenship to protect their rights after the UK leaves the European Union.

Applications which would have been processed by the end of the planned Brexit transition period in 2020 now look set to drag on indefinitely.

And a request for citizenship from the spouse of an Italian citizen can now, for the first time, be rejected.

The rules will be applied retrospectively to applications that have already been made, as well as new applications.

More Brexit uncertainty

I spoke to readers who are in the process of applying for Italian citizenship about how the new Italian laws affect them.

“It makes you very worried,” says Brian F, from Hereford, UK. “On one hand we’ve got the British government refusing to guarantee anyone’s rights. Then we’ve got the government in our adopted country, Italy, making it harder for us to become citizens. And for what?”

“It feels like no one is interested in how all these policies actually affect people’s lives,” he said.

Brian, who owns a successful IT business and his wife Clare, a translator who has Italian citizenship by descent, are now delaying their long-planned move to Italy with their two children due to the uncertainty.

“How can we sell our house and move now? Whatever we do, it seems like a risk,” he says.

Italian bureaucracy can be a headache. Photo: DepositPhotos

Sandra, a retired teacher living for most of the year at her house in Abruzzo, says “coming here to retire was my dream come true. I’ve been here for six years now and I put in my application for citizenship last year, because of Brexit,” she says.

However, she doesn’t speak much Italian. “I’ve got the basics but you know, at my age I’ll probably never get up to the level they want. I’ve always muddled along well with the neighbours.”

“And then with Brexit, who knows if I can even stay here after all because the rules are different for non-EU countries,” she adds. “It’s all very worrying, I don’t sleep very well lately.”

Livia Scott is an Italian citizen living in London who has been waiting for her British husband’s citizenship to be approved since they applied in January 2017.

“Now we’ll have to wait for another three years and by then Brexit will have happened,” she says, adding that for her the worst thing about the new decree is that it’s retrospective. “They’ve moved the goalposts. I think it’s evil honestly.”

She adds: “Theresa May used the phrase “citizens of nowhere” and I think that’s how a lot of people are starting to feel.”

READ ALSO: 

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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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