How to become an Italian Citizen- Giambrone Law (2024)

Citizenship is ordinarily gained by birth within a country or by descent from a parent who is a citizen of a country. However, it is possible to gain citizenship or dual citizenship of a country (depending on your status) by marriage to a citizen of a country, by naturalization if you have lived in a foreign country for a period of time or by having forefathers who are citizens of your country of choice.

European Union, from the onset, established the right of citizens of all the member countries to automatically become citizens of the European Union. European Union citizenship is supplementary to national citizenship and affords advantageous rights such as the right to free movement, settlement and employment across the EU. European citizenship isno longer be as easily obtainablebyBritish citizens now that the UK has left the EU. Italian citizenship has become far more desirable for UK citizens who wish to retain the beneficial rights listed above, such as the ability to enter a European Union Member State without the need for a visa application

There are three main routes to obtaining Italian citizenship which are:

Descent- jure sanguinis (blood right)

Italian citizenship is most frequently acquired throughfamily birth rightjure sanguinis (blood right) i.e. being born into a family with Italian heritage. The male line can transfer citizenship without limit to the number of generations from the formation of a unified Italy, which was created on 17 March 1861, prior to this date Italian citizenship did not exist. The female line could at one time, only transfer citizenship from 1948 until a decision by the Supreme Court judged that the provision was contrary to the principles of equality. The right to Italian citizenship through jure sanguinis is subject to robust due diligence making it imperative to ensure that the documentation provided is correct and valid.

Marriage to an Italian Citizen

Marriage to an Italian citizen automatically confers the right to apply for Italian citizenship. There are variable qualifying periods of time before you can apply depending on whether you are living in Italy or elsewhere. There is also an obligation to speak Italian to B1level,which is an intermediatelevel, this ability is tested and a pass certificate will be required with theapplication. Also, the marriage must remain viable throughout the entire procedure to obtain citizenship. There are variable qualifying periods of time before you can apply depending on whether you are living in Italy or elsewhere.

However, there is a bar to an application if the non-Italian spouse has been found guilty of taking part in serious criminal activity anywhere in the world or if the applicant was deemed to be a threat to national security due to the potential for terrorist activity, in either circ*mstance the application will be denied.

Naturalisation

If you are not a citizen of an EU country and have legally lived in Italy for at least ten years you may begin the procedure to apply for Italian citizenship. If you are a citizen of an EU country you may apply for citizenship of Italy after four years of legal residency. A person who has native-born Italian parents or grandparents who have, in the past, renounced their Italian citizenship which therefore prevents them from passing on the right to Italian citizenship can apply for Italian citizenship after three years of legal residency in Italy.

There is a range of benefits that dual citizenship brings to non-EU citizens, which the UK now is, including:

• the ability to work, reside in Italy as well as in the other 27 EU countries (the UK, Germany, Sweden and etc.) without the need for a visa;
• access to medical benefits, including free healthcare;
• access to educational benefits, including potentially free higher education;
• access to certain financial investment rights which may only be available to EU citizens;
• an easier path to buying a property in Italy;
• the ability to automatically transfer citizenship (Italian and EU) to all children under 18 years old.

Depending on where you reside, an application can be submitted either at an Italian consulate in the foreign country in which you are located or at an authorised police office (Prefettura) in Italy. The experienced lawyers in Giambrone & Partners' immigration team point out that the process is time-consuming and requires supporting documentation and it is highly recommended that applicantsuse the services of an expert English-speaking Italian immigration lawyer to avoid the potential of rejection due to errors or omissions in the paperwork. This is particularly important to any applicant as you will go to the back of the queue if your application is rejected and you will have to pay the fees once again.

If you would like more information about becoming an Italian citizen please click here