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Cittadinanza

 

Cittadinanza

Italian Citizenship

Italian Ministry of Foreign Affairs website

CITIZENSHIP THROUGH MARRIAGE OR CIVIL UNION (SAME SEX MARRIAGE)

Italian citizenship through marriage or civil union (same-sex-marriage) to an Italian citizen is regulated by Articles 5, 6, 7 and 8 of the law of Citizenship n. 91 of 1992.

REQUIREMENTS

Italian residents married to Italian citizens can apply after two years of legal residency. The term is reduced by half when children are born or legally adopted within the couple (please note that Italian consulates abroad do not process citizenship application of Italian residents).

Foreign nationals (or stateless persons) that are resident outside Italy are eligible to apply three years after the date of marriage/civil union to an Italian Citizen. The term is reduce by half when children are born or legally adopted within the couple.

  • If the marriage/civil union was celebrated outside Italy, an Italian Comune must have registered it prior to application;
  • The Italian spouse must be registered in the Registry of Italian Citizens Resident Abroad (A.I.R.E.);
  • The marriage/Civil Union must be current at the time of application and must remain so until citizenship is granted. In case of divorce / dissolution / annulment of marriage, legal or de-facto separation of the couple or decease of the Italian spouse in the course of the process, the application will be closed and citizenship will not be granted;
  • The applicant must have not been convicted by Italian authorities for crimes leading to a penalty of 3 years or more in prison;
  • The applicant must have not been convicted by a foreign judiciary authority for nnon-political crimes leading to a penalty of 1 year or more in prison;
  • The applicant must have not been convicted for those crimes against the State listed in Book 2, Title 1, items I, II and III of the Italian Penal Code;
  • The applicant must not pose a known threat to the security and safety of the Republic of Italy.

ARRANGEMENT FOR THE SUBMISSION OF APPLICATIONS AND NECESSARY DOCUMENTATION

The arrangements for the submission of the application vary according to the date of marriage / civil union:

CASE 1: Men: marriage / civil union with Italian citizen - Women: marriage / civil union with Italian citizen celebrated on or after April 28th, 1983.

CASE 2: Women only: marriage of a foreign woman with an italian man celebrated on or before April 27th, 1983.

CASE 1: Foreign citizens or stateless persons who are resident outside Italy and are married or entered into a civil relationship (same-sex-marriage) with an Italian citizen must lodge their application electronically via Internet.

 

AS OF AUGUST 1ST, 2015, APPLICATIONS FOR CITIZENSHIP BY MARRIAGE MUST BE SUBMITTED ONLY THROUGH THE FOLLOWING LINK HTTPS://CITTADINANZA.DLCI.INTERNO.IT  AND CAN NO LONGER BE ACCEPTED BY THIS CONSULATE. APPLICANTS WILL BE CONTACTED BY THIS CONSULATE IN ORDER TO SUBMIT PERSONALLY THE ORIGINAL DOCUMENTS PREVIOUSLY UPLOADED THROUGH THE LINK.
Although the requirements (documentation) necessary will remain the same,  applications will now be submitted on-line  by following  the steps listed below:
1.       The applicant will have to register at :  https://cittadinanza.dlci.interno.it.
2.       After the login, the applicant will find a “CITIZENSHIP” section containing the following subtitles:
-          gestione della domanda
-          visualizza stato della domanda
-          primo accesso alla domanda
-          comunicazioni
(“visualizza stato della domanda” and “primo accesso alla domanda” allow the applicant to check the status of his/her request)
By choosing GESTIONE DI DOMANDA  the applicant will have the possibility to submit his/her application by completing the form: MODELLO AE.
3.       The applicant must complete the form in its entirety and upload the requested documentation listed on this Consulate’s website. Women please fill out the application with the names that appear in your birth certificate (not the married last name):
a.       Birth certificate (Please attach a single Pdf file containing Apostille, Certificate and translation). The birth certificate translation must previously be legalized by the Consulate General at a certain cost (see the fees on the home page under "CONSULAR FEES"). Documents must then be sent to the Consulate General with a Money order at the defined cost for the "translation certificate from english to italian not performed within the Consulate", togheter with an already stamped envelope for the return. If the birth certificate is from a different Country from the US, the translation must be certified by the Italian Consulate referring to that Country, unless it is certified by a public translator via "Apostille".
b.      Marriage certificate issued by the Municipality in Italy
c.       Background checks (please attach a single Pdf File containing all the police clearance and FBI certificates with Apostilles and translations). The background checks translation must previously be legalized by the Consulate at a certain cost (see the fees on the home page under "CONSULAR FEES"). The documents must then be sent to the Consulate General with a Money order at the defined cost for the "translation certificate from english to italian not performed within the Consulate", togheter with an already stamped envelope for the return. If the person concerned has already lived in Italy, he/she can make a statement to point out the period of residence (with the precise dates) and upload it togheter with the other certificates. The Ministry of the Interior will then directly process the research.
d.      Receipt  of payment of the 200 Euro fee
e.      Valid identification  (passport)
The applicant may save, modify, cancel or submit the completed application.
After reviewing the submitted application the Consulate may:
- accept the request
- request additional documentation or request that documents be amended
- reject the application
The date of submission of the document will be considered the “date of presentation (submission) of the application”. Therefore, the 730 days of processing will be calculated beginning from this date.
Once the application is accepted, the applicant will be requested to submit to this Consulate all of the original documentation and to make the necessary payments.
The above new rules do not apply to the automatic acquisition of Italian citizenship through a marriage that occurred before the date of April 27, 1983.

Applicants are kindly requested to read the instruction carefully and follow them exactly as indicated. This Consulate will not answer general questions that are already published on this website. Once applications have been accepted and your eligibility has been determined and finalized, this Consulate will forward your vital record certificates to Italy for registration. An official e-mail will be sent to applicants notifying that they have been recognized Italian citizens

How to acquire the Italian Citizenship

  • Loss and re-acquisition of Italian citizenship
  • Italian Citizenship Renunciation
  • Who can apply
  • Schedule an appointment and fees 
  • Do I need copies of the documentation
  • FORMS - Italian citizenship through ancestors (Iure Sanguinis)
  • Italian citizenship for adult children - over 18 - of an Italian national
  • Italian Citizenship by Marriage to an Italian Citizen
  • Reacquisition of Italian Citizenship
  • Form to record in Italy the “Certificate of Naturalization” if occurred before August 16, 1992.
  • Where to request the Apostille
  • Where to request vital records in U.S.A.
  • Form to request vital records at the "Comune" for Italian Citizens
  • Fingerprints for F.B.I.
  • Where to request the U.S. naturalization of Italian ancestor 
  • Additional requirements for all categories 
  • FAQ FOR CITIZENSHIP  
  • General information - legislation
    Italian Citizenship is based upon the principle of “ius sanguinis” (blood right) meaning that the child born from an Italian father or mother is an Italian citizen regardless the place of birth.
    Italian citizenship is now regulated by Law n. 91 of February 5, 1992 in force from August 16, 1992. Since then the subject of Italian citizenship has been regulated by the Law 555 of June 13, 1912 that has been repeatedly amended following some Constitutional Court’s resolutions, the new Family Law of 1975 and the law 123 of April 21, 1983.
    Law 123/1983 abrogated the automatic acquisition of the Italian citizenship by a foreign woman who married with an Italian citizen and ruled that it was possible to acquire Italian citizenship through the maternal line. The latter is applied to those born after January 1, 1948. The innovations introduced by the present legislation are:
    - Acknowledgment of the equal rights between a man and a woman;
    - maintaining Italian citizenship after foreign naturalization;
    - the importance of formal expression of personal will. 

    How to acquire the Italian Citizenship

    - jure sanguinis – acquisition of Italian citizenship through birth from an Italian mother or father, regardless the place of birth. This right applies to the child born of a legal union or natural one and is also valid for minor children who are adopted. There is no status of limitation regarding the recognition of Italian citizenship through birth and it is possible to request Italian citizenship if:
    a) the Italian ancestor was alive on March 17, 1861 and maintained the Italian citizenship within June 30, 1912;
    b) through maternal line if you were born after January 1st, 1948.
    (click here for information)
    - jure soli - Italian citizenship is bestowed to the child born in the Italian national territory when his/her parents are unknown, stateless or they do not transmit their citizenship to the child in accordance with their nationality’s legislation. This is also true in the event the child is found abandoned in Italy and for whom it is impossible to determine status civitatis (citizenship);
    - ope legis, the categories indicated in the art. 4, section 1 and 2 of the Law 91/1992 (foreigner/stateless whose father or mother or one ancestor was an Italian citizen or foreigners born in Italy). These benefits are extended to those born in the territory of the ex Austro-Hungarian Empire and to their descendents as well (Law 379/2000 which expires on December 31st ,2010) and the law n. 124/2006.
    - naturalization by marriage (art. 5, Act No. 91/1992): the foreign spouse of an Italian citizen may apply for Italian citizenship under two conditions:
    1) after 2 years from the date of marriage if residing in Italy, or
    2) after 3 years from the date of marriage if residing abroad.
    These terms are halved if the couple has children under the age of 18. (click here for information).
    - naturalization by request: the categories pertaining to  art. 9, comma 1, letters a), b), c), d) and f), and comma 2 of Act No. 91/1992 may acquire upon request the Italian citizenship with a Decree issued by the Ministry of Interiors.

    Loss and re-acquisition of Italian citizenship
    The acquisition of a foreign citizenship by an Italian citizen after August 15, 1992 does not incur in the loss of his/her Italian citizenship.
    An Italian citizen who acquired a foreign citizenship before August 15, 1992 automatically lost his/her citizenship according to art. 8 of the law 555/1912.
    Anyone wishing to reacquire his/her Italian citizenship may do so by establishing legal residency in Italy (see art. 13 of the law 91/1992). (click here for information).

    Italian Citizenship Renunciation 
    For information on how to renounce the Italian citizenship, please send an e-mail to cittadinanza.chicago@esteri.it.

    Who can apply
    In order to submit your application to this Consulate, you must be a permanent resident of one of the following States: Colorado, Illinois, Iowa, Kansas, Minnesota, Missouri, Nebraska, North Dakota, South Dakota, Wisconsin, Wyoming. (Legal Aliens must submit the Permanent Resident Card). Residents outside the above jurisdiction must apply to the Consular Authority under whose jurisdiction they reside.

    Schedule an appointment and fees 
    Please be informed that this Consulate General receives citizenship applications by appointment only. All applicants over 18 must appear in person. The BOOKING ONLINE SYSTEM allows to choose the date and time of the appointment according to the availabilities. Please be informed that appointments have been already taken for the next 10 months and everyday there will be two new openings. Applicants should also consider that there might be availabilities earlier due to cancellations.

    When booking your appointment, please specify in "Notes" the reason of your request (iure sanguinis, marriage with an Italian citizen, adult child of an Italian citizen). We remind that  as of July 8th, 2014 all applications for the recognition of the Italian citizenship  Jure Sanguinis (by descent) and Jure Matrimonii (in case of foreign national whose husband is an Italian citizen married prior to April 27, 1983) are subject to the PAYMENT OF  € 300 to be made in US Dollars. For the period October 1st to December 31th 2015 the fee is US Dollars 323.35.


    Do I need copies of the documentation
    For all the documents presented in original or certified copy, you must provide  a set of photocopies. Furthermore, you must bring your US Passport/Permanent Resident Card, driver's license and one utility bill in original and photocopy.
    The Consulate does not provide any translation service.

     

    Citizenship Office
    Consulate General of Italy 
    500 North Michigan Avenue, Suite 1850
    Tel. 312 467 1550/1/2
    Fax 312 467 1335
    e-mail italcons.chicago@esteri.it


     


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