as subsequently amended), whenever the Italian nationality is pending, foreigners may obtain a residence permit authorising them to reside in Italy until the end of such procedure. It is unlawful to deny the granting of nationality if applicants do not autonomously earn the income required but are able to obtain it thanks to the financial conditions of the their families as a whole. It is largely staffed by former migrants who have obtained Italian citizenship, including its president who came to Italy from Sudan in … By naturalization: the foreigner can apply for Italian citizenship after ten years of legal residence in Italy, ... Reciprocally, Turkey massively naturalized the refugees of Turkish descent or other ethnic backgrounds in Muslim creed from these countries during a redemption process. For people who have an Italian parent or grandparent, three years. How do I apply? The Italian law accepts double (or multiple) nationality. Any child born of an Italian father or mother is automatically Italian, as is a child born in Italy of unknown or stateless parents, or if the child doesn’t obtain the citizenship ( cittadinanza) of its parents under the law of their country. Not only does it reconnect you with your Italian Heritage and Homeland, but it also allows you to be eligible to work, live and study in the European Union countries without the need for a Visa. 3% of them acquired Italian citizenship (Italian national statistical institute, ISTAT). – Certificate of recognition of refugee status or stateless citizen status; The terms and conditions above are halved in case of children born from or adopted by the spouses. 9 AM – 5 PM EST, Copyright © 2021 - Rossi & Rossi Law Firm di Carlo Umberto Rossi, Visa And Permit Of Stay For Self-Employment, English Speaking Italian Immigration Lawyer, English Speaking Italian Real Estate Law Firm In Rome, Siena, Perugia And Florence, Release of the EU BLUE CARD – Entry and residence. Thousands of people around the world who qualify for Italian Citizenship are currently exploring the possibility to become dual citizens. To be granted the Italian nationality, “it is not necessary to earn a steady or employment income; rather, it is sufficient to give evidence of the ownership of suitable means of sustenance" (i.e. According to the Law, the procedures for the granting of nationality shall end, The Ministry of the Interior, through its. ); The acquisition of the Italian citizenship is not prejudicial for the maintenance of the citizenship of the Country of origin, unless the laws in force in such country prohibit dual nationality. The agreement between the Italian Republic and the Republic of Argentina, signed in Rome on 9.12.1987, ratified by Law n. 533/1988, regulates the exchange of deeds concerning marital status and the possible exemption of legalization on condition that they are dated, complete with signature and, where necessary, with the stamp of the corresponding Authorities who issued them. After Brexit and after the uncertainties relating to the future of the European Union there has been an increase in the applications for acquiring Italian citizenship. In particular, the Italian citizenship is obtained on the basis of the following: Automatic granting (i.e. The interested person shall however include in his/her application all the necessary elements to allow the Administration to find the information or data required. In order to register in the website, users shall indicate their e-mail address and personal data. In particular, the website contains reports published by history experts and documents on the present regulations on citizenship in any Country, besides databases for the research on the laws regulating nationality and all international legal rules on this topic. Also within the EU, the European Integration Process did not envisage any harmonisation of the rules regulating the access, passing and loss of nationality, being considered as inalienable prerogatives of the single national sovereignties. The residence requirement is reduced to three years for descendants of Italian citizen grandparents and for foreigners born in Italy, four years for nationals of EU member states, five years for refugees or stateless persons, and seven years for someone who was adopted as a child by an Italian citizen. ! If your parents became United States citizens before 1992, they automatically lost their Italian citizenship. Also, to qualify through your mother, you must have been born after 1948. ); Privileges and obligations granted by the law (descent, birth and continued residence, etc. minor children of parents who acquire or reacquire the Italian citizenship directly acquire it provided that they steadily and effectively live with them. The matter is currently governed by law n.91 from 5 February 1992, as amended by the law the Italian public administrations shall acquire the information, data and documents already owned by the Public Administration, upon indication by the party involved of the necessary items to find the information or data requested. According to the Italian regulations presently in force, different cases apply through which the Italian citizenship is acquired; some of them are automatic, whereas other ones depend on the occurrence of specific conditions, on the expression of intent and on a decision by the Authorities. – Minors born in Italy may acquire the Italian nationality although their parents were not legally resident in Italy at the moment of their birth. The residence permit pending the acquisition of nationality falls within the permits that guarantee higher stability “than all the other cases for the granting of a permit" and, therefore, although not mentioned in art. We understand this process is complicated - Click here for a Free Phone Consultation In-depth information on the regulations in force, by ANCI, Save the Children, Rete G2- Seconde generazioni, In-depth information on the rules and procedures regulating the acquisition of the Italian citizenship is also available in, In-depth information on the acquisition of the Italian nationality following marriage with an. The website of the French Ministry of Foreign Affairs contains information on the procedures to acquire the French citizenship. cittadinanza – with the reason for payment: cittadinanza – contributo di cui all’art. for stateless people or political refugees, 5 years of legal residence on the territory of the Italian State is required. – lineage with the emigrated ancestor and their original Italian citizenship iure sanguinis 1.- Cases in which the citizenship is automatically acquired, Integrazione Migranti © 2015 - Tutti i diritti riservati -. This has induced the authorities to modify also the formalities for presenting applications, which can now be made online. For applicants with a spouse, an increase of up to 516,00 euros for each further dependent person. vaccination certificates, medical certificates in general, etc.). For house maids and in-home nurses and in general for home helpers, it is necessary to produce a State Pension (INPS) Statement. The judgement stated that the Administration shall notify the impedimental reasons for the rejection of the application, hence allowing foreign nationals to exercise their reasons or provide clarifications on the issues identified by the Authority. Non-E.U. Italian law defines “refugee” as “a foreign citizen who, on the basis of on a well-founded fear of being persecuted by reason of race, religion, citizenship, belonging to a particular social group [or holding a particular] political opinion, is found outside of the territory of his/her country of citizenship and cannot or, on the basis of such fear, is unwilling to avail him/herself of the protection of his/her country.”A stateless person found outside the territory in which he/she previously had his/her usual residence for the same r… To this end, to women of Italian ancestry born abroad, until today, the faculty to transmit citizenship only to children born after 1 January 1948 was recognised, that is to say after the Constitutional Charter came into force, sanctioning the complete application of the principle of parity between men and women, as concerns the transmission to children of one’s citizenship. Should the Italian ancestor, born in Italy and emigrated abroad, have used his or her name and surname under a different form, that is to say, if the personal details of the same person are specified differently in the deeds relative to the ancestors, it is necessary that these are all stated on the above-stated certificate. For people born in Italy to foreign parents, either the first 18 years of their life or three years' residence as an adult. An entry visa for pending citizenship cannot be obtained from abroad. Therefore, if short interruptions are identified during the periods following births, the interested parties may produce additional information such as school or medical certificates showing their presence in Italy, in order to give evidence of their uninterrupted presence in the Italian territory. 5) Complete death certificate of the Italian ancestor who emigrated abroad and of his/her descendents; 6) certificate issued by the competent foreign State Authority for emigration, complete with official translation in the Italian language, attesting that the Italian ancestor (indicating also date and place of birth), who had emigrated from Italy, did not acquire the citizenship of the foreign state of emigration before the birth of the ancestor of the claimant. The website of the Immigration and citizenship Department of Australia contains the information on the acquisition of the Australian citizenship. Italian Citizenship Assistance (ICA), an Italian company that helps foreigners become citizens, told CNN that the number of applicants from the … Italian citizenship through residence is granted by the Home Office to foreign citizens resident in Italy in possession of at least one of the following requirements: In Satriano, refugees rely on the local branch of Mediazione Globale (MediaGlob), an Italian NGO headquartered in Lamezia Terme, a big town of Southern Italy. The permit shall be applied to the Police Headquarters through the eligible Post Office by filing an application in a suitable form. From a wider international perspective on the access to citizenship, the first element that comes out is that regulations considerablyvary, and no real convergence exists. Nationals associated with European Union member states must live in Italy for 4 years. The acquisition of citizenship occurs on the basis of the so-called naturalisation in the following cases: either foreigners or stateless persons, wherever born, whose mothers and fathers (or one of their grandparents) were Italian citizens by birth and subsequently lost the Italian nationality, acquire the Italian citizenship if owning one of the following requirements: effectively do the military service in the Italian Armed Forces and preventively state they intend to acquire the Italian citizenship; perform a public employment, also abroad, for the Italian State; when turning 18, have been legally resident in Italy, with no interruptions whatsoever, for at least two years. Stateless Citizen or Refugee resident legally in Italy for at least 5 years. Does Italy recognize iure sanguinis through Italian refugees from Yugoslavia? Required limit of annual earnings: all the foreign citizens who fall within one of the above-mentioned cases are required to meet one other requirement – that of personal earnings or family earnings if belonging to the same nuclear family and resulting in the same family status. Here it follows some of the main decisions. it is sufficient to request the Certificate of Permanent Stay at the Council of residence. Copy of receipt of payment of a €200,00 processing fee, to be paid on the current account no. - The Italian mother can transfer her Italian citizenship only to children born from 01.01.1948, providing that she has not lost her Italian nationality; - Applicants will need to attend the Consulate in person. Therefore, it is currently possible for the descendents of these women to request the Court for recognition of Italian citizenship, while it remains impossible to get recognition of this status by administrative means. In all these cases, the acquisition of citizenship is automatic. 1 co. 12, legge 15 luglio 2009 n. 94. The competent authority performing the ascertainment is determined on the basis of the place of residence: for residents abroad, such authority is the, for residents in Italy, such authority is the Registrar of the. One particular regulation is provided for foreigners who have an ancestor who was an Italian citizen and emigrated abroad without losing his or her citizenship. ORDINARY NATURALISATION: foreigners may apply for the Italian citizenship after ten years of legal residence in Italy, decreased to five years in case of foreign nationals being granted the status of stateless persons or refugees and to four years for nationals residing in EU Countries. foreigners may apply for the Italian citizenship after. Citizen resident legally in Italy for at least 10 years. Over the years, the Case Law clarified the requirements for the obtainment of the Italian Natonality and the limits of discretionary power of the Public Administration in relation to the decisions entailing the granting of citizenship, furthermore defining the obligations to provide the grounds upon which the decisions of such procedures are based. To whom shall the application for the acquisition of the Italian citizenship by naturalisation be filed? Citizen resident legally in Italy for at least 4 years. The application needs to be submitted online through the website of the Ministry of Interior. Use citizenship by descent if your parents are Italian. Foreign citizens can get it if they have certain requirements. Italian citizenship can be granted to refugees legally resident in Italy for at least 5 years. The non-adoption of a measure granting or denying nationality within the deadline provided for by the law does not entail a silence-refusal approach, since the Ministry of the Interior shall in any case issue an explicit decision. Therefore, the municipality cannot ask the interested party to produce documents certifying statuses, personal qualities and facts that can be found at the municipal office through an application filed to another Administration. . all the applications and declarations for the election, acquisition, reacquisition, renunciation or granting of the Italian nationality are subject to the payment of a 200 Euro fee. Naturally, the laws in force in the country of origin might envisage the loss of the citizenship of such Country in case of acquisition of another nationality. The project is funded by the European Commission Fund for the Integration of Third Country Citizens. How can I apply for Italian citizenship? 37926 of 21st December 2010. Adult Foreign Citizen, adopted by an Italian citizen, resident legally in Italy for at least 5 years following adoption. allowing all those who filed an application for the Italian citizenship to check in real-time the status of their records. Furthermore, it shall be in force at the moment of acquisition or reacquisition of citizenship by one of the parents. The acquisition of citizenship occurs automatically in the following cases: : the sons of mothers or fathers owning the Italian citizenship (including the sons born abroad from Italian citizens) are considered as Italian nationals. A recent sentence by the Supreme Court of Appeal en banc (n. 4466 dated 25 February 2009) nonetheless stated that (on the basis of the sentences of the Constitutional Court no.87 dated 1975 and no.30 dated 1983) the status of Italian citizen can be recognised in a judicial forum to children born before 1° January 1948, from Italian women married to foreigners. Italian citizenship through residence is granted by the Home Office to foreign citizens resident in Italy in possession of at least one of the following requirements: Foreign Citizen born in Italy and legally resident for at least 3 years. In a 23 July 2001 interview, an official at the Embassy of the Italian Republic in Ottawa stated that she was not aware of any cases in which an individual from any country had initiated an application for recognition of Italian citizenship while in Canada as a refugee claimant. Once the registration procedure is completed, it is possible to access the information requested by entering the code of one’s citizenship application. Stateless people, such as refugees, must wait 5 years. The acquisition of citizenship by birth in the Italian territory from non-Italian nationals is envisaged in two cases only: if both parents are either unknown or stateless; if the son does not have the same citizenship as his/her parents according to the law of the State of which they are nationals. foreigners born and resident in Italy without any interruptions until the age of eighteen, stating, The Ministry of the Interior, however, by means of a. clarified that the late registration of a minor in an Italian Municipality, shall not be considered as prejudicial for the purpose of acquiring the Italian citizenship in case documents are available showing the presence of minors in our Country in the period preceding the birth registration (i.e. sanguinis" (right of blood), for which the son, born from Italian father or Italian mother, is Italian. By birth, which is to say, as a foreigner born from an Italian parent, by the birth of a foreign child in Italy who becomes an Italian citizen on his or her 18th birthday, the so-called birth by “ius soli”, and by adoption of a foreign minor by one or both Italian parents, Citizenship by naturalisation is granted to the foreign national citizen: who has been legally residing in Italy for 10 years (non-EU citizens) who has been legally residing in Italy for 4 years (EU citizens); Here it follows a series of websites where finding useful information and data on the acquisition of citizenship. To qualify, your parents or parent must still hold their Italian citizenship. The requirements are necessary to demonstrate The Italian government has passed a decree which will make it easier to deport migrants and strip them of Italian citizenship. annual earnings limit of 11.362,05 euros. The citizenship by naturalisation is granted through a Presidential Decree. clarified that the cohabitation shall be stable and effective, and supported by suitable evidence and documentation. Form B application with € 16,00 stamp duty payable only online and presenting the following original documents issued by the competent Diplomatic Consular Authorities of the State of membership: Birth Certificate translated and issued in accordance with the instructions contained in the application form. ITALIAN CITIZENSHIP CAN BE ACQUIRED IN ONE OF THE FOLLOWING WAYS ... or following the recognition of status for stateless people or political refugees. When the cities became Yugoslavia, my grandparents were considered Italian refugees and as Italian citizens were relocated to a refugee camp in Naples. After you have submitted your application to the Ministry of the Interior or through a CAF office, your request may be approved or rejected. The acquisition of nationality occurs by naturalisation in the following cases: foreign or stateless spouses of Italian citizens may become Italian nationals after two years of legal residence in Italy or, if resident abroad, after three years as from the day of marriage, unless dissolution, annulment or separation occur, and if no legal separation intervenes. As an Italian citizen, you can travel freely in and out of Italy, and never worry about your visa or permit expiring, for example. Photocopy of a valid passport and photocopy of the Permit of Stay. a. the Prefect in case of applications filed by foreigners legally residing in Italy; b. the Ministry of the Interior – Head of Department for Civil Liberties and Immigration, in case foreign spouses reside abroad; c. the Ministry of the Interior in case of National Security issues. The delay in completing the procedure for the granting of the Italian nationality (over 730 days as from the date of filing of the application) represents an unjustified behaviour by the relevant Administration, which although not leading to an implicit acceptance of the application, allows to place the Administration in default. ). The Us Department of Homeland Security website contains the information and the forms necessary to acquire the US citizenship. Criminal Records Certificate from the country of origin and/or from any other countries the applicant has resided in previously. In these cases the application for nationality, addressed to the President of the Italian Republic, shall be filed to the. Foreign Citizen born in Italy and legally resident for at least 3 years. For further information, please visit the website of the Italian Minister of Interior ... After ten years of residency in Italy, refugees may apply for citizenship. citizens a photocopy of the Declaration of Permanent Stay, to be. In our system, citizenship is regulated under law. Rehabilitation ceases the preclusive effects of the conviction. The foreigner claiming recognition of Italian citizenship must produce the following documents: 1) Certified Abstract of an Entry in the Register of Births of Italian ancestor who emigrated abroad, issued by Italian Municipality of their birth (including all annotation and obviously especially any regarding possible loss and/or in reacquisition of Italian citizenship); 2) birth certificates, complete and in copy with an official Italian translation of all direct descendents, including that of the person claiming to possess Italian citizenship; 3) Complete marriage certificate of the Italian ancestor who emigrated abroad, together with an official Italian translation if the marriage took place abroad; On November 28 the Italian parliament gave green light to an immigration law that includes new requirements for Italian citizenship. – Affidavit to be drawn up by the Council of residence. Should there be no resulting legalization provided by the competent consular Authorities, all documentation must be presented supplied with the Apostille Treaty (The Hague Convention dated 5 Octtober 1961). For foreign citizens from the E.U. For the correct presentation of the application and for obtaining the correct documentation to include it is crucial to have the assistance of an English-speaking lawyer/attorney in Rome who is entirely familiar with the subject, who speaks English and who resides in Rome. Court of Appeal of Naples, Division I, Decision no. By application: through marriage or residence. Therefore, according to the Italian law, the acquisition of a foreign nationality does not determine the loss of the Italian citizenship, unless Italian citizens formally renounce it, unless otherwise provided by international agreements. All of those who intend to proceed in formulating their application it is fundamental to seek the assistance of an English-speaking lawyer in Italy, and more specifically an English-speaking lawyer in Rome – where the Ministry that examines applications is based. E.U. Failing a specific law provision, a working activity through a residence permit issued for “pending nationality” cannot be performed. Italy announced plans to give citizenship to children born of refugees who have been granted asylum, as the government faced growing anti-immigrant sentiment over … N.B. For each of the five Countries involved, the website contains a research report (available both in Italian and in English) on the regulation and the procedures regulating the acquisition of citizenship, as well as a collection of regulations and an in-depth statistical analysis (updated as at 2009). If, conversely, the cohabitation takes place subsequently or is discontinued, the minor child shall not acquire the Italian citizenship. For foreign citizens who, following marriage, have acquired the surname of their husband it is necessary to verify that the birth certificate includes both the maiden surname and that acquired as a spouse. Furthermore, the website also contains an extensive bibliography, a forum devoted to debates, a collection of news by mass-media and other useful tools and information for policy-makers, NGOs and scholars, with particular reference to nationality policies. Foreign nationals residing abroad and owning the necessary requirements to obtain the Italian nationality may file the statement to obtain the citizenship directly to the Italian Consulates abroad. – the absence of foreign naturalization on the part of the ancestor Finally, the son of unknown parents found in the Italian territory, if not owning any other citizenship, is considered as Italian national; any foreign minor adopted by Italian nationals acquires the citizenship by right; if, conversely, the child adopted is an adult, the acquisition of the Italian citizenship is possible only upon application by the interested party, after five years of legal residence in Italy. If, on the other hand, the citizens’ residence is abroad: Italian citizenship can be acquired if at least 18 months have passed since the marriage if there are children born or adopted by the spouses or 36 months after the marriage, as long as there has been no break up, ending or annulment of the marriage in the meantime and there is no legal separation underway. 28 of the Consolidated Law on Immigration, among those “suitable to allow family unity”, however entitles to apply for family reunification. Apply in Italy to your regional prefecture. birth, adoption, recognition or judicial statement of descent, etc. Citizenship by naturalisation may also be granted in the following cases: a) if one of the parents or second direct ancestors of the foreigner, which have been legally residing in Italy for at least three years, are Italian citizens by birth; b) if adult foreigners adopted by Italian citizens have been legally residing in Italy for at least five years following the adoption; c) if foreign nationals have been State employees, including abroad, for at least five years; d) if foreigners born in Italy have been therein residing for at least three years. The documents for obtaining Italian citizenship through residence are: Foreign Citizens who are political refugees or stateless: Those who receive subsidiary protection are subject to the general rule and must live in Italy uninterrupted for 10 years. decision no. The acquiring of Italian citizenship is subject to particular rules. The foreigner or stateless person, if residing for at least 12 months in Italy if they have children born or adopted in marriage; if there are no children the requirement for residence in Italy rises to 24 months, that is to say 2 years of cohabitation with the Italian citizen. Italian citizenship is granted to any minor child adopted by an Italian citizen by means of a ruling of the Italian Judicial Authorities or, in case of adoption abroad, by means of a ruling issued abroad and made effective and binding in Italy, through an order (issued by the Juvenile Court for minors) for enrolling in the Civil Status Register. I'm not sure if this is a viable option. – the absence of declarations renouncing Italian citizenship on the part of their descendents.Children born before 1948 from a woman of Italian ancestry married to a foreigner According to the regulation implementing the Consolidated Law on Immigration (. Minors born in Italy from foreign nationals cannot be ascribed their parents’ defaults relating to residence permits and/or birth formalities; therefore, what matters is the actual and steady residence of minors in the Italian territory since their birth, as well as their inclusion in its social-cultural fabric. If the Italian registers of births contain no evidence of the descent of a person from Italian parents or ancestors it is necessary to apply for the ascertainment of the Italian citizenship, that is to say an assessment of the existence of circumstances entailing the entitlement to the Italian citizenship as from the day of birth. Some of the main benefits of citizenship actually come as a result of Italy being a member of the EU. •acquire Italian citizenship or another citizenship and enjoy the protection of their new country; •voluntarily reestablish themselves in the country that they left or to which they had not returned for fear of persecution. Following the application for asylum, refugees are taken to Calabria the same day. Beneficiaries of subsidiary protection are instead subject to the general rule applied to third-country nationals: they can apply for naturalisation after 10 years of legal residence. Does anyone have any experience with this? For refugees or stateless persons, five years. The declarations of intent to acquire the Italian citizenship shall be made to the. In 2015, the number of first-time asylum applicants in Italy (83,245) corresponded to 0.14% per Italian inhabitants, vs 0.25% for the EU28 Member States average (EUROSTAT data). An Italian law firm that has experience on the subject of how to get Italian citizenship, through an Italian English speaking Lawyer specialized in citizenship, can help to overcome the numerous formalities necessary for obtaining recognition of Italian citizenship. If an Italian citizen adopts someone when they were a child, this person must live in Italy for 7 years. 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