Acquisition of Italian citizenship by marriage: who can apply and requirements for applying 

The acquisition of Italian citizenship by marriage is regulated by Articles 5, 6, 7 and 8 of Law on Citizenship No. 91, dated February 5, 1992.

Foreigners and statelesspersons are among those who may apply for the acquisition of Italian citizenship by marriage.

Those foreigners who are resident in Italy acquire the Italian citizenship by marriage after two years of legal residency in the country.

Foreigners who are not resident in Italy acquire it after three years from the date of marriage.

The above terms are reduced by half in case of children born or adopted by the spouses.

Article 6 of the Law on Citizenship contains the necessary requirements for the acquisition of Italian citizenship through marriage:

• Absence of conviction issued by Italian judicial authorities for criminal offences carrying a maximum term of imprisonment  not less than three years;

• Absence of conviction issued by foreign judicial authorities for offences carrying a penalty for non-political crimes of more than one year;

• Absence of conviction for crimes against the State;

• Absence of impeding reasons against the safety of the Republic; 

• Validity of the marriage and therefore permanence of the marriage ties. 

In case of divorce or legal separation, the application for Italian citizenship by marriage may not by accepted.

On the other hand, in case of “separation in fact” of the spouses,  the Court of Cassation (sentence no. 969 dated January 17, 2017)has recognized the application as eligible by specifying that the only impeding reason for acquisition of Italian citizenship by marriage is the spouses' legal separation.

Eventually, for marriages concluded abroad, it is necessary that the marriage itself has been registered at the office of an Italian municipality, which is usually the one of the spouses' residency.  

Acquisition of Italian citizenship by marriage: application for the request and what documents are required 

The online application for acquisition of the Italian citizenship by marriage has to be forward by the Ministry of Interior website. 

The documents required for the acquisition of Italian citizenship by marriage are the following:

• summary of the marriage extract;

• a photocopy ofvalid passport;

• full birth certificate, including parents' details, issued by the authorities of the country of birth and stamped with an "apostille" or legalized;

• criminal record, stating the existence or absence of criminal proceedings pending against the applicant;

• receipt of bank transfer of citizenship charge (€ 200,00).

The application result may be as follows:

• Acceptance;

• Acceptance under reserve;

• Refusal.

After the application acceptance, the applicant is invited in order to identify, verify and acquire the original documents already submitted via online application.

The citizenship is granted by decree, whose effectiveness is under the oath of loyalty to the Italian Republic and compliance with the Italian Constitution and Law, to be taken within six months from notification of decree.

The maximum term for conclusion of the proceeding related to the acquisition of citizenship is 730 days from the date in which the application has been submitted. In case the term is not respected, it is possible for the foreigner to lodge an appeal to the Administrative Court of Lazio.

Do you wish to receive legal assistance for acquisition of Italian citizenship by marriage? Contact us.