
There are many pathways to Italian citizenship, whether through ancestry, marriage, or residency. You may have considered your eligibility to claim Italian citizenship by descent by assessing your lineage against the criteria and the citizenship law, but found you are ineligible to apply.
Alternatively, another avenue for those with Italian ancestry is applying for Italian citizenship through residency. This article will explain the requirements and procedure for this type of naturalization featuring a reduced residency requirement for people with Italian ancestry.
Citizenship by Descent
First, we will review the eligibility for Italian citizenship by descent. Based on the principle of jure sanguinis, meaning “right of blood”, you may have the ability to claim recognition of Italian citizenship through your Italian-born ancestors, demonstrating that the right to citizenship was passed down correctly from one generation to the next. Your most recent Italian-born ancestor must have been born after March 17, 1861 or still living on this date, which is when Italy became a unified country. Another requirement is that they did not acquire a foreign citizenship before their child, the next descendant in line, was born. Also, if they naturalized before July 1, 1912, when the first Italian Citizenship Law took effect, you would not eligible through them.
Furthermore, before the Italian constitution went into effect on January 1, 1948, women were not able to transmit citizenship down to their children. Therefore, if you have a female ancestor in your lineage who had her child before this date, you will not be eligible to apply through her at your local Italian consulate or in an Italian municipality. While you may still have a pathway to petition the Italian courts for citizenship in this scenario, there is also another option in applying for citizenship by residency.
Citizenship by Residency
The process to apply for citizenship through residency falls under the category of naturalization. Normally, naturalization for non-EU citizens requires 10 years of legal residency in Italy. However, if you have ancestors who are/were Italian citizens up to the second degree, meaning parents or grandparents, you may qualify for a reduced period of required residency. You will need to legally reside in Italy uninterrupted for 3 years and will need to show documentation proving your legal residence when applying. This can be a long-term rental contract or property deed. It’s important to remember that non-EU citizens are permitted to purchase real estate in Italy. However, owning a property does not automatically grant residence.
Establishing legal residence entails filing a residency application at the local registry office (anagrafe) in the municipality (comune) where you are living. There will be a police check within 45 days, where the local municipal police will come to verify that you are living at the address that you declared as your residence. Non-EU citizens will also need a valid residence permit for the duration of their residence.
In addition to the residence requirement, you will need to provide proof of income that exceeds € 8.263,31 for the past 3 years. This amount is higher for applicants with financially dependent spouses and dependent children. Submitting documentation of your Italian tax returns for the last 3 years will also be required.
Lastly, there is an Italian language requirement, proving knowledge at the B1 Italian language level, according to the Common European Framework of Reference for Languages (QCER). This needs to be shown with a certification acquired by one of the authorized bodies recognized by the Italian Ministry of Education (MIUR) or Ministry of Foreign Affairs (MAECI) including: University of Foreigners of Siena; University of Foreigners of Perugia; Roma Tre University; Dante Alighieri Society.
How to Apply
The necessary documents for a citizenship by residency application include your identity documents like a passport, as well as your birth certificate, legalized and translated into Italian. Additionally, documentation pertaining to the individuals in your Italian lineage is required, such as naturalization records and vital records, including birth, marriage, death and divorce (if applicable) records, also legalized with an apostille and translated into Italian. In addition, you will need to provide US criminal background checks from each state where you have lived. Lastly, along with a completed application form, there is a €250.00 fee, and your complete application is submitted to the Italian Ministry of the Interior.
Applications are processed between 24 and 36 months. Once you have received notification of a positive outcome, you will be invited to attend a citizenship ceremony where you will take the “oath of allegiance”.
Italian Residence and Citizenship Benefits
Besides simply enjoying the beauty, culture, and Mediterranean climate that is found in Italy, there are additional benefits that come with living in Italy as a resident or an Italian citizen. Residents in Italy are entitled to access the Italian national healthcare, Servizio Sanitario Nazionale (SSN), which offers free or low-cost healthcare and medical services. After registering, you are assigned a general practitioner in your area and can access specialists, medical exams, and laboratory analyses.
As a resident, you can travel to the other EU countries but must adhere to the 90-day stay limit within the Schengen Area. Once you are an Italian citizen, you will be able to enjoy complete freedom of movement within the European Union, with the right to live, work, and study in any of the 27 EU countries visa-free. Also, as an Italian citizen, you will be entitled to the right to vote in local Italian and EU-wide elections. Lastly, when your Italian citizenship is recognized, if you have minor children, they will also be granted citizenship, and thus, your Italian heritage can be passed down for generations.
Conclusion
If you have assessed your eligibility for Italian citizenship by descent and found yourself ineligible, there still is a path to Italian citizenship. Those with Italian ascendants to the second degree, parents or grandparents, can apply for Italian citizenship through naturalization with a reduced residency requirement of only 3 years. To learn more about how to apply for Italian citizenship and to find out if you’re eligible, don’t hesitate to contact us at [email protected].
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