Italian nationality law is the law of Italy governing the acquisition, transmission and loss of Italian citizenship. Like many continental European countries it is largely based on jus sanguinis. It also incorporates many elements that are seen as favourable to the Italian diaspora. The Italian Parliament's 1992 update of Italian nationality law is Law no. 91, and came into force on 15 August 1992. Presidential decrees and ministerial directives, including several issued by the Ministry of the Interior, instruct the civil service how to apply Italy's citizenship-related laws.
Acquisition of citizenship
Italian Nationality Law encompasses a comprehensive framework outlining the various routes through which individuals can acquire Italian citizenship. These pathways are tailored to different circumstances and conditions, ensuring a systematic and organized process for citizenship acquisition.
Automatic Acquisition of Italian Citizenship
Descent: Italian citizenship is automatically conferred to individuals born to an Italian parent, adhering to the principle of jus sanguinis. Birth in Italy: Children born on Italian soil to stateless, unknown, or parents unable to transmit their nationality may acquire Italian citizenship, aligning partially with the principle of jus soli. Acknowledgement or Legitimation: Children gain Italian citizenship through the acknowledgment or legitimation of an Italian mother or father. Minor Children of Citizens: Children without Italian citizenship, including those legally adopted under Italian law, can acquire citizenship if a parent holds Italian citizenship. This provision applies from April 27, 1983. Former Citizens: Former Italian citizens who previously renounced citizenship due to naturalization in another country can regain Italian citizenship after two years of residency in Italy. This provision was governed by the Citizenship Law 555 of 1912 until its replacement. Vatican Citizens: Individuals relinquishing Vatican citizenship due to circumstances stipulated by the Lateran Treaty of 1929, which would otherwise render them stateless, are eligible for Italian citizenship.
Acquisition through Application
Continuous Residence: Individuals born in Italy to foreign parents who have continuously resided in Italy from birth to adulthood are eligible to apply for citizenship. Denied Applications: Individuals whose citizenship application was denied by administrative offices (Consulates) or those unable to submit the application can seek Italian citizenship through this avenue.
Citizenship through Marriage
Pre-1983 Marriages: Foreign women who married Italian citizens before April 27, 1983, were automatically granted Italian citizenship. Residence and Language Requirements: Spouses of Italian citizens can apply for citizenship through naturalization after two years of legal residence in Italy or three years of residence abroad. This residency requirement is halved if the couple has children. Since December 4, 2018, spouses are also required to demonstrate proficiency in the Italian language at a level of B1 or higher in the EU Common Language Framework.
Naturalization
A person legally residing in Italy for at least ten years may apply for Italian citizenship through naturalization if they have no criminal record and possess sufficient financial means. The residency period is reduced to three years for grandchildren of Italian citizens and individuals born in Italy, four years for nationals of EU member states, five years for refugees or stateless persons, and seven years for those adopted as children by an Italian citizen. The Italian Nationality Law meticulously outlines these pathways, ensuring a coherent and structured approach to citizenship acquisition while incorporating vital aspects such as language proficiency to promote integration and effective participation in Italian society.
Attribution of citizenship through jus sanguinis
Citizens of other countries descended from an ancestor (parent, grandparent, great-grandparent, etc.) born in Italy may have a claim to Italian citizenship by descent (or, in other words, by derivation according to jus sanguinis citizenship principles).