Nationality lawNationality law is the branch of law concerned with the questions of nationality and citizenship, and how these statuses are transmitted, acquired, or lost....
in
ItalyItaly , officially the Italian Republic , is a country located on the Italian Peninsula in Southern Europe and on the two largest islands in the Mediterranean Sea, Sicily and Sardinia. Italy shares its northern, Alpine boundary with France, Switzerland, Austria and Slovenia...
, like that of many
EuropeEurope is, by convention, one of the world's seven continents. Comprising the westernmost peninsula of Eurasia, Europe is generally divided from Asia to its east by the water divide of the Ural Mountains, the Ural River, the Caspian Sea, the Caucasus Mountains , and the Black Sea to the southeast...
an countries, favors
jus sanguinisJus sanguinis is a social policy by which nationality or citizenship is not determined by place of birth, but by having an ancestor who is a national or citizen of the state...
. However, unlike the law of many traditionally emigrant-sending countries, Italian law incorporates elements that are seen as favourable to the
Italian diasporaThe term Italian diaspora refers to the large-scale migration of Italians away from Italy in the period roughly beginning with the unification of Italy in 1861 and ending with the Italian economic miracle in the 1960s....
. Italian nationality law is based on legislation, especially the Law (n°91 of 1992) presidential decree and
Ministry of the InteriorThis is a list of Italian Ministers of the Interior since 1861.-Kingdom of Italy:-Italian Republic:...
circulars.
Italian citizenship can be automatically acquired:
- By filiation
In law, paternity is the legal acknowledgment of the parental relationship between a man and a child usually based on several factors.At common law, a child born to the wife during a marriage is the husband's child under the "presumption of lawful paternity", and the husband is assigned complete...
(birth to an Italian parent); this is consistent with the principle of jus sanguinis.
- By birth on Italian territory to stateless parents or to unknown parents or to parents who cannot transmit their nationality
Nationality is the relationship between a person and their state of origin, culture, association, affiliation and/or loyalty. Nationality affords the state jurisdiction over the person and affords the person the protection of the state....
; this is partially consistent with the principle of jus soliJus soli or birthright citizenship, is a right by which nationality or citizenship can be recognised to any individual born in the territory of the related state...
.
- By paternal/maternal acknowledgment or legitimation.
Through special application:
- For those of Italian origin up to the second degree, the applicant must have served in the Italian military
The Italian armed forces are under the command of the Italian Supreme Defense Council, presided over by the President of the Italian Republic. The total number of military personnel is approximately 308,000...
or civil serviceThe term civil service has two distinct meanings:* A branch of governmental service in which individuals are employed on the basis of professional merit as proven by competitive examinations....
or have resided for two years in Italy after reaching the age of majorityThe age of majority is the threshold of adulthood as it is conceptualized in law. It is the chronological moment when a child legally ceases to be considered a minor and assumes control over their persons, actions and decisions, thereby terminating the legal control and legal responsibilities of...
.
- If Italian-born, the applicant must have resided in Italy continuously from birth to adulthood.
Through marriage:
- Foreign women who married an Italian citizen before April 27, 1983, were automatically granted Italian citizenship, while foreign men who married Italian women weren't granted this privilege, and neither their children were granted Italian citizenship if born before January 1, 1948.
- After two years of legal residence
Legal residence is the principle that each legal person has a single location of primary residence. This is of relevance with respect to taxation and other state-imposed obligations, but is also important with respect to the determination of citizenship or nationality.Usually legal residence and...
in Italy, the spouse of an Italian citizen can acquire Italian citizenship through naturalizationNaturalization is the acquisition of citizenship or nationality by somebody who was not a citizen or national of that country when he or she was born....
or after three years of marriage (if overseas), provided a lack of criminal recordA criminal record is a record of a person's criminal history, generally used by potential employers, lenders etc. to assess his or her trustworthiness. The information included in a criminal record varies between countries and even between jurisdictions within a country...
and lack of national securityNational security is the requirement to maintain the survival of the nation-state through the use of economic, military and political power and the exercise of diplomacy.Measures taken to ensure national security include:...
concerns.
Through naturalization:
- After 10 years of legal residence, absence of criminal record, and sufficient financial resources, a foreigner may naturalise (three years for former Italian citizens up to the second degree and for aliens born on Italian territory, four years for nationals of EU member states, five years for refugee
Under the United Nations Convention Relating to the Status of Refugees, a refugee is a person who owing to a well-founded fear of being persecuted on account of race, religion, nationality, membership of a particular social group, or political opinion, is outside the country of their nationality,...
s or stateless persons and seven years for the adoptee of an Italian national.)
U.S.
Nationality lawNationality law is the branch of law concerned with the questions of nationality and citizenship, and how these statuses are transmitted, acquired, or lost....
in
ItalyItaly , officially the Italian Republic , is a country located on the Italian Peninsula in Southern Europe and on the two largest islands in the Mediterranean Sea, Sicily and Sardinia. Italy shares its northern, Alpine boundary with France, Switzerland, Austria and Slovenia...
, like that of many
EuropeEurope is, by convention, one of the world's seven continents. Comprising the westernmost peninsula of Eurasia, Europe is generally divided from Asia to its east by the water divide of the Ural Mountains, the Ural River, the Caspian Sea, the Caucasus Mountains , and the Black Sea to the southeast...
an countries, favors
jus sanguinisJus sanguinis is a social policy by which nationality or citizenship is not determined by place of birth, but by having an ancestor who is a national or citizen of the state...
. However, unlike the law of many traditionally emigrant-sending countries, Italian law incorporates elements that are seen as favourable to the
Italian diasporaThe term Italian diaspora refers to the large-scale migration of Italians away from Italy in the period roughly beginning with the unification of Italy in 1861 and ending with the Italian economic miracle in the 1960s....
. Italian nationality law is based on legislation, especially the Law (n°91 of 1992) presidential decree and
Ministry of the InteriorThis is a list of Italian Ministers of the Interior since 1861.-Kingdom of Italy:-Italian Republic:...
circulars.
Acquisition of citizenship
Italian citizenship can be automatically acquired:
- By filiation
In law, paternity is the legal acknowledgment of the parental relationship between a man and a child usually based on several factors.At common law, a child born to the wife during a marriage is the husband's child under the "presumption of lawful paternity", and the husband is assigned complete...
(birth to an Italian parent); this is consistent with the principle of jus sanguinis.
- By birth on Italian territory to stateless parents or to unknown parents or to parents who cannot transmit their nationality
Nationality is the relationship between a person and their state of origin, culture, association, affiliation and/or loyalty. Nationality affords the state jurisdiction over the person and affords the person the protection of the state....
; this is partially consistent with the principle of jus soliJus soli or birthright citizenship, is a right by which nationality or citizenship can be recognised to any individual born in the territory of the related state...
.
- By paternal/maternal acknowledgment or legitimation.
Through special application:
- For those of Italian origin up to the second degree, the applicant must have served in the Italian military
The Italian armed forces are under the command of the Italian Supreme Defense Council, presided over by the President of the Italian Republic. The total number of military personnel is approximately 308,000...
or civil serviceThe term civil service has two distinct meanings:* A branch of governmental service in which individuals are employed on the basis of professional merit as proven by competitive examinations....
or have resided for two years in Italy after reaching the age of majorityThe age of majority is the threshold of adulthood as it is conceptualized in law. It is the chronological moment when a child legally ceases to be considered a minor and assumes control over their persons, actions and decisions, thereby terminating the legal control and legal responsibilities of...
.
- If Italian-born, the applicant must have resided in Italy continuously from birth to adulthood.
Through marriage:
- Foreign women who married an Italian citizen before April 27, 1983, were automatically granted Italian citizenship, while foreign men who married Italian women weren't granted this privilege, and neither their children were granted Italian citizenship if born before January 1, 1948.
- After two years of legal residence
Legal residence is the principle that each legal person has a single location of primary residence. This is of relevance with respect to taxation and other state-imposed obligations, but is also important with respect to the determination of citizenship or nationality.Usually legal residence and...
in Italy, the spouse of an Italian citizen can acquire Italian citizenship through naturalizationNaturalization is the acquisition of citizenship or nationality by somebody who was not a citizen or national of that country when he or she was born....
or after three years of marriage (if overseas), provided a lack of criminal recordA criminal record is a record of a person's criminal history, generally used by potential employers, lenders etc. to assess his or her trustworthiness. The information included in a criminal record varies between countries and even between jurisdictions within a country...
and lack of national securityNational security is the requirement to maintain the survival of the nation-state through the use of economic, military and political power and the exercise of diplomacy.Measures taken to ensure national security include:...
concerns.
Through naturalization:
- After 10 years of legal residence, absence of criminal record, and sufficient financial resources, a foreigner may naturalise (three years for former Italian citizens up to the second degree and for aliens born on Italian territory, four years for nationals of EU member states, five years for refugee
Under the United Nations Convention Relating to the Status of Refugees, a refugee is a person who owing to a well-founded fear of being persecuted on account of race, religion, nationality, membership of a particular social group, or political opinion, is outside the country of their nationality,...
s or stateless persons and seven years for the adoptee of an Italian national.)
Special acquisition of citizenship through jus sanguinis
U.S. citizens, Argentinians, Chileans, Canadians, Australians, New Zealanders, Brazilians, Venezuelans or others who are descended from an ancestor (parent, grandparent, great-grandparent, etc.) born in Italy may have a claim to Italian citizenship by descent.
One must apply through the Italian consulate that has jurisdiction over their place of residence. Each consulate has slightly different procedures, requirements and wait time. Most importantly the criteria for jus sanguinis citizenship is the same.
Basic Criteria for Acquisition of Citizenship jus sanguinis:
- A child is born to an Italian citizen parent or a parent with the right to Italian citizenship "jure sanguinis". Henceforth this parent will be known as the Italian parent.
- If the child was born before August 16, 1992, the Italian parent must not have taken another citizenship by naturalization at the time of the child's birth.
- If the mother is the Italian parent, the child must have been born on or after January 1, 1948.
- Ancestors naturalized before June 14, 1912, cannot transmit citizenship (even to children born before their naturalization).
All conditions above must be met by every person in a direct lineage. There is no generational limit. However, while there is no generational limit to claiming Italian citizenship through "jus sanguinis" the ancestor who immigrated from Italy must have died in the
Italian PeninsulaThe Italian Peninsula or Apennine Peninsula is one of the three peninsulas of Southern Europe , spanning 1,000 km from the Po Valley in the north to the central Mediterranean Sea in the south. The peninsula's shape gives it the nickname Lo Stivale...
or abroad after March 17 1861, according to Italian Ministry of Interior. Any person who died prior to that date was not a citizen of Italy, because this was before the unified nation of Italy was formed. Subsequently, that person had no ability to pass on Italian citizenship.
Common Sample Cases:
- Your father was officially recognized as an Italian citizen at the time of your birth and you never renounced your right to the Italian citizenship.
- Your mother was officially recognized as an Italian citizen at the time of your birth, you were born on or after January 1, 1948 and you never renounced your right to the Italian citizenship.
- Your father was born in a country other than Italy, your paternal grandfather was officially recognized as an Italian citizen at the time of his birth, neither you nor your father ever renounced your right to the Italian citizenship.
- Your mother was born in a country other than Italy, your maternal grandfather was officially recognized as an Italian citizen at the time of her birth, you were born on or after January 1, 1948 and neither you nor your mother ever renounced your right to the Italian citizenship.
- Your paternal or maternal grandfather was born in a country other than Italy, your paternal great grandfather was officially recognized as an Italian citizen at the time of his birth, neither you nor your father nor your grandfather ever renounced your right to Italian citizenship.
NOTE: Please be aware that you may still be eligible even if your case cannot be found above. Please use the basic criteria above to follow your situation in detail in any case.
Basic Documents Required:
- Your application with sworn affidavit you never renounced your Italian Citizenship.
- A Photocopy of your current passport and ID
- Your Birth Certificate
A birth certificate is a vital record that documents the birth of a child. Outside the United States, the term "birth certificate" refers to a certification of the original birth record. In the United States, the term "birth certificate" can refer to either the original document or to a...
, with apostilleAn apostille, or postil, is properly a gloss on a scriptural text, particularly on a gospel text; however, it has come to mean an explanatory note on other writings. The word is also applied to a general commentary, and also to a homily or discourse on the gospel or epistle appointed for the day....
attached and translated into Italian
- Your Parents Marriage Certificate
In some jurisdictions a marriage certificate is the official record that two people have undertaken a marriage ceremony. In some other jurisdictions, a marriage license serves a dual purpose of granting permission for a marriage to take place and then recording the fact that it has done so.-United...
with apostilleAn apostille, or postil, is properly a gloss on a scriptural text, particularly on a gospel text; however, it has come to mean an explanatory note on other writings. The word is also applied to a general commentary, and also to a homily or discourse on the gospel or epistle appointed for the day....
attached and translated into Italian.
- Your Parents Birth Certificates with apostille
An apostille, or postil, is properly a gloss on a scriptural text, particularly on a gospel text; however, it has come to mean an explanatory note on other writings. The word is also applied to a general commentary, and also to a homily or discourse on the gospel or epistle appointed for the day....
attached and translated into Italian (if not from Italy)
- Your Grandparents Birth Certificates with apostille
An apostille, or postil, is properly a gloss on a scriptural text, particularly on a gospel text; however, it has come to mean an explanatory note on other writings. The word is also applied to a general commentary, and also to a homily or discourse on the gospel or epistle appointed for the day....
attached and translated into Italian (if not from Italy)
- Continue this process back to the ancestor who immigrated from Italy.
- If you are claiming through a grandparent you will need your grandparent's marriage certificates with apostille
An apostille, or postil, is properly a gloss on a scriptural text, particularly on a gospel text; however, it has come to mean an explanatory note on other writings. The word is also applied to a general commentary, and also to a homily or discourse on the gospel or epistle appointed for the day....
attached and translated into Italian (if not from Italy)
- For an Ancestor who immigrated to the US, you will need his/her naturalization records from the USCIS that shows that s/he did not become a US Citizen
Article I, section 8, clause 4 of the United States Constitution expressly gives the United States Congress the power to establish a uniform rule of naturalization. The Immigration and Naturalization Act sets forth the legal requirements for the acquisition of, and divestiture from, citizenship of...
before their child was born.
- If USCIS responds with "No Records Found" you will have to contact NARA
Nara can refer to:Geography* Nara, Attock, a village in Attock, Pakistan.* Nara, Jhelum, a village in Jhelum, Pakistan.* Nara, NWFP, Union Council of Abbottabad, Pakistan.* Nara, Nara, capital city of Nara Prefecture, Japan* Nara Prefecture, Japan...
for the information.
- If NARA responds with "No Records Found" you will have to contact United States Census
The United States Census is a decennial census mandated by the United States Constitution. The population is enumerated every 10 years and the results are used to allocate Congressional seats , electoral votes, and government program funding...
Department and ask for the census that took place before and after your Italian ancestor's child was born with the field report from the street they lived on.
- If the United States Census responds with "No Records Found" it will be assumed your Ancestor never became a US citizen and retained his/her Italian citizenship and passed it on to their child.
- If there were any divorces in the line between you and your Italian ancestor, you will have to obtain all divorce records with apostille
An apostille, or postil, is properly a gloss on a scriptural text, particularly on a gospel text; however, it has come to mean an explanatory note on other writings. The word is also applied to a general commentary, and also to a homily or discourse on the gospel or epistle appointed for the day....
attached and translated into Italian. You will also need a "Certificate of Clerk - No Appeal"
- If any of the people mentioned above are deceased you will need their Death Certificates
A death certificate, sometimes medical certificate of the cause of death , is a document issued by a government official such as a registrar of vital statistics that declares the date, location and cause of a person's death....
with apostilleAn apostille, or postil, is properly a gloss on a scriptural text, particularly on a gospel text; however, it has come to mean an explanatory note on other writings. The word is also applied to a general commentary, and also to a homily or discourse on the gospel or epistle appointed for the day....
attached and translated into Italian (if not from Italy) NOTE: Some Consulates only require death certificates for those born in Italy.
- All documents with errors must be corrected before being submitted. For example, if your Italian ancestor immigrated to the US and took on an "Americanized" name (Italian name: Giulia / American Name: Julia) and the Americanized name was used on any previously mentioned certificates the name will have to be corrected to match the name on their Italian Birth Certificate.
NOTE: These "basic documents required" are not written by a Consular Citizenship Officer. Many of the guidelines above may not reflect the guidelines that your Consulate may follow. Please check with your Consulate directly before taking the information here as what every Consulate expects and requires.
Dual/Multiple citizenship
According to Italian law,
multiple citizenshipMultiple citizenship is a status in which a person is concurrently regarded as a citizen under the laws of more than one state. Multiple citizenships exist because different countries use different, and not necessarily mutually exclusive, citizenship requirements...
is permitted under certain conditions if acquired on or after August 15, 1992. Those who acquired another citizenship after that date but before January 23, 2001 have three months to inform their local records office or the Italian consulate in their country of residence. Failure to do so carries a fine. Those who acquired another citizenship on or after January 23, 2001 can send an auto-declaration of acquisition of a foreign citizenship by mail to the Italian consulate in their country of residence. On or After March 31, 2001, notification of any kind is no longer necessary.
External links
- Embassy of Italy, Washington D.C.
- International Organization on Migration, Italian citizenship law
- Consulate General of Italy, Vancouver BC
- Embassy of Italy, Buenos Aires, Argentina (Spanish and Italian)
- Embassy of Italy, London, U.K.
- Embassy of Italy, Canberra, Australia
- Embassy of Italy, Caracas, Venezuela