Many people who pursue Italian citizenship by descent usually enquire about the possibility of extending their citizenship to the rest of their family, and particularly to their spouse and children. While Italian citizenship can be passed automatically to minor children, extending it to one’s spouse is a completely different process.
This article will address some of the most frequently asked questions about the requirements and the process to apply for Italian citizenship by marriage, and it will also provide information about the different pathways that spouses of Italian citizens may pursue in order to be able to travel to the EU or to Italy and ultimately live there.
How can the spouse of an Italian citizen get Italian citizenship?
If you reside in Italy, you can file an application for Italian citizenship by marriage if you have been married to an Italian citizen for at least 2 years. On the other hand, if you reside abroad, you can apply for citizenship after 3 years from the date of marriage or civil union. If you have minor children the number of years is halved. It is worth pointing out that if you reside abroad and you would like to file an application, your Italian spouse must be registered with the A.I.R.E. and your marriage certificate must also have been registered in Italy via the Italian consulate that covers the jurisdiction where you reside.
What do you need in order to apply?
In addition to the number of years required by law to be able to apply, you need to provide a certificate of B1 level in Italian, which corresponds to intermediate level. The language certification is compulsory unless you hold a degree in Italian or you attended school in Italy. The certificate has no expiration date but in order to be valid it must have been issued by one of the following institutions: The University for Foreigners of Siena, The University for Foreigners of Perugia, Roma Tre University or The Dante Alighieri Society.
Finally, in order to apply you must also provide clean criminal records issued by the FBI and every U.S. state, or foreign state, in which you have resided since the age of 14. Please bear in mind that these records are only valid for six months, therefore, it is worth collecting them prior to submitting an application. Finally, you will need a certified copy of your birth certificate. All of these records, including proof of clean criminal records, will need to be authenticated with an Apostille and accompanied by a professional translation into Italian.
How do you file an application for Italian citizenship by marriage?
Contrary to many countries, such as the U.S. for instance, you do not need to reside in Italy in order to apply for Italian citizenship by marriage. In other words, once you have collected all the relevant documentation and paid a fee of 250 euros, you will need to upload all the relevant paperwork onto the website of the Italian Ministry of the Interior. Once your application has been assessed, if you reside in Italy you will need to submit the hard copies of the records to the prefecture (“Prefettura”) which covers the jurisdiction where you reside. On the other hand, if you reside abroad, the local Italian consulate will contact you in order for you to submit original copies of the records. By law, the Italian authorities have up to 24 months to process an application, though this may also be extended to 36 months from the date of application.
What happens after you are granted Italian citizenship?
Once you are granted Italian citizenship you will need to attend an official ceremony which will take place within 6 months from the date your application is approved. On that day your Italian spouse will need to sign an affidavit declaring that the marriage is legally valid and that no separation, divorce or annulment have occurred.
How to move to Italy without Italian citizenship
As explored in many of our previous articles, Italian citizenship comes with a number of benefits, such as being able to live, study and work anywhere in the EU and in Italy without any restrictions or time limitations. But what if you are not eligible to apply for Italian citizenship by marriage or you do not wish to pursue Italian citizenship?
Spouses of Italian citizens who do not apply for citizenship by marriage can stay in Italy and travel in the European Union provided that they hold a residency permit. In fact, without one, if you are a non-EU citizen you can only spend up to a maximum of 90 days in Italy. In order to apply for a residency permit, your Italian spouse will need to register as a resident in the municipality where you have decided to live, and once your spouse’s residency status has been confirmed you can apply for a residency permit. The application process entails providing the Italian Questura (local police headquarters) with a copy of your marriage certificate issued by the municipality where your marriage is registered, a copy of your passports, two passport-size photos and a fee of 16 euros. On the day of your appointment the police will assess your documents and they will also take your fingerprints.
Finally, you will be issued a residency permit within 2-3 weeks from the date of application. The residency permit will allow you to work as well as to access Italy’s healthcare system, provided that you register with a general practitioner via your local health authority.
As for travelling within the EU, you will be able to do so without any restrictions, however, if you decide to reside in another EU country, your Italian spouse will need to register as a resident there, and you will then be able to apply for a permit of stay by virtue of being married to an Italian, and thus EU citizen.
It is worth pointing out that residency permits for spouses of Italian citizens are valid for 5 years after which, if they are renewed, they become permanent.
Life in Italy
In conclusion, as this article has sought to explain, Italy, as well as many other countries in the EU, protects the right for a couple to be together. Indeed, living in Italy may be one of the most exciting chapters in your life, and it may also open the doors to a lifelong investment. This is especially true if you plan on investing in a property, for instance. As a matter of fact, the Italian real estate market offers a wide range of investment opportunities, from quaint cottages in the mountains to summer houses near the seaside. In addition to this, being able to live in Italy without any restrictions will open the doors to the possibility of exploring the country’s great variety of picturesque landscapes, suggestive traditions, tantalizing cuisine which will allow you to experience Italian culture and lifestyle firsthand.
If you would like to learn more about the process to apply for Italian citizenship by marriage, as well as to relocate to Italy, do not hesitate to contact Italian Citizenship Assistance at info@italiancitizenshipassistance.com or at +1 (951) 742 5830.