Can I live in italy if I marry an Italian? You MUST!
The Law n. 91 of 1992 on Italian Citizenship outlines the regulations for an individual to obtain Italian citizenship through marriage or a civil union to an Italian citizen.
If a non-Italian is married to an Italian, they may be eligible to acquire Italian citizenship through marriage after two years of the wedding/civil union, provided they are living in Italy. This timeframe can be cut in half if the couple has natural children under the age of 18 or if they have legally adopted children. Individuals living abroad can request Italian citizenship through marriage after 3 years of wedlock to an Italian national (which becomes 1.5 when the couple has minor children or when they adopt a child). In 2016, Italy granted recognition to same-sex civil unions. All same-sex marriages solemnized outside of the country are likewise regarded as Civil Unions. The majority of the benefits available to married couples are similarly accessible to same-sex couples.
For individuals applying for Italian citizenship through marriage/civil union, a €250 fee must be paid through wire transfer or regular mail if the applicant is in Italy. Many US banking institutions offer the option of wire transferring funds in a different currency. Since 2018 you also need to demonstrate an adequate knowledge of the Italian language (B1 level) as attested by an educational institution authorized by either the Ministry of Education ("MUR") or the Ministry of Foreign Affairs ("MAECI").
What are the Basics to Obtain Italian Dual Citizenship by Marriage?
To begin the citizenship process, the Italian spouse must be registered with AIRE (if living overseas) and must have had the foreign marriage record, or same-sex marriage/civil union (lawfully legalized), registered through the Italian consulate in their locality. Furthermore, the marriage/civil union record must have already been registered in Italy by the comune. The initial procedure, thus, is to confirm that the marriage record is in the possession of the Italian comune, that the Italian partner is validly registered with the AIRE, and that the home address listed with the consulate is up-to-date.
Where can one submit their citizenship request?
If the couple is living overseas, they should submit their Italian citizenship through marriage application to the Italian consulate corresponding to the AIRE registration of the Italian partner. On the other hand, when they are in Italy, the application should be made at the local Prefettura.
Procedure to apply for Italian citizenship through marriage
In order to obtain Italian citizenship through marriage/civil union, a two-step process is required:
filling out an online application and
making an appointment to present original documents and sign the citizenship application at a consulate/Prefettura.
In order to start the process, an individual must go to the website for the Ministry of Interior of Italy and fill out an online form. They must also include scanned versions of the necessary documents. In order to apply, one must create an account at the ALI portal https://portaleservizi.dlci.interno.it/> and submit their registration through it. At present, access to the web portal "ALI" is solely in Italian. Then, it’s time to collect your documents:
1. To legally marry an Italian citizen, one must acquire a transcript of the marriage certificate from the Italian municipality in which the Italian spouse is registered with AIRE;
2. Furthermore, one must also obtain criminal background checks from the US States and any foreign countries in which the applicant has lived since the age of 14, as well as a copy of the FBI report;
3. It is also required to provide a certified copy of the foreign birth certificate;
4. Lastly, a certificate showing B1 proficiency in the Italian language, issued by an institution officially recognized by the MIUR or MAECI, is necessary. 5. It is essential to be aware that all criminal background checks and marriage certificates have an expiration date of 6 months. As a result, the citizenship application must be submitted within this period. The expiration date for the application will be set 6 months from the date of producing the first document. For documents issued within the US, an "Apostille" is needed for each document to be considered legal. For documents from countries other than Italy and the US, local regulations must be adhered to in order to make them valid for use abroad. For further information, it is suggested to contact the local Italian consulates. An Apostille serves as an international certification that makes a document valid for use in other countries. Documents in languages other than Italian must be translated into Italian and verified by the relevant Italian consulate/consulates. Once the documents have been legalized and translated into Italian, the next step will be to submit them online and arrange the last appointment. No booking is required for Italian Citizenship Jure Matrimonii at the Consulate as all necessary paperwork required for the process can be submitted electronically via the web portal of the Italian Ministry of Interior for a preliminary assessment. The Consulate/Prefettura will examine your application, and upon completion of this process, you will be asked to attend an appointment to present all the documents in their original form.
During the meeting, certain documents are essential to bring along. · The initial document and a photocopy of an Italian passport. · Photocopies and original foreign passports and State IDs held by non-Italian spouses. · A photocopy and the original of evidence of living in the region covered by the consulate must be provided. · A document of acknowledgement, signed by the spouses, confirming their union is still intact. · Submitting a request document · A compilation of people who reside in an area. · An authenticated and full version of the birth certificate of the non-Italian spouse, which has been authenticated with an Apostille and translated into Italian. · This is an extract of an Italian municipal record of marriage. · Requiring criminal background checks from all locations where the applicant has lived since the age of 14, including their place of birth, with legal authentication and translated into Italian. · Achieving a certification at the B1 level in the Italian language. · confirmation of the €250 money transfer by wire. · A money order to cover the payment of the consular fee required for the official certification of the translations.
It should be noted that an "estratto per riassunto" is a certificate that only contains the essential details associated with the record, which differs from a "copia integrale" - a copy of the original entry featuring any information on the original record. Once the visit to the Consulate is complete, the Consulate will be forwarding the paperwork to the Ministry of Interior for processing.
Certified, official, sworn translations
This is simple. Don’t translate your official documents unless you are a professional translator. Period. Google Translate may work for other things, not official translations. Keep in mind that any Italian authority, be it a comune or a consulate, will want a sworn translation. This means that a professional translator will translate your documents, take them to court/a notary public/ a justice of the peace and have them certified. The final package you’ll get will be made of original+translation+certification, all stapled together and stamped by the court/notary/justice of the peace. This is the only procedure that has legal value in Italy. Official translators cannot stamp their own translations to certify them. And yes, translators need your original documents to take to court because they will be stapled to the translation. So we can’t photocopy them or print out a scan. In this post I explained why it’s better to have your translations certified in Italy if you’re applying in Italy.
How long does it take to get Italian dual citizenship by marriage?
Law 173/2020 decreased the processing time to 24 months, with the option to extend it up to 36 months. The disparity in the average amount of time it takes for a citizenship application to be processed is attributed to the fact that Consulates solely manage applications by descent, but for applications by marriage/civil union, the Consulate only plays a role in the initial and final stages. The middle phase, which involves the examination of documents and the decision-making, is fully handled in Rome by the Ministry's office. Due to the extensive number of applications (including those for marriage filed in Italy and abroad, as well as those for citizenship by residency in Italy) that the Ministry has to review, it takes a while to process them. Despite the potential to take a shorter amount of time, our experience suggests that the Ministry of Interior will rarely process applications before the legal deadline. After the 3-year deadline has expired, the Ministry of Interior must legally provide an answer. If they exceed the processing time, the applicant has the right to send a "Diffida," which is a formal letter of notice, asking for an immediate response. Although it may not always be successful, these letters typically get the ball rolling (as the Ministry tries to avoid court proceedings, which would make them responsible for the associated legal costs). The Diffida letter can be sent either by an attorney or directly by the applicant. However, if it is sent by an attorney, it carries more authority. If you need legal help at this stage of the process, feel free to contact us. It is necessary to take into consideration that should the Italian partner in a marriage face divorce, annulment, dissolution or death during the procedure for the application, the process will be halted. The process can be impeded if the Consulate/Prefettura is not able to communicate with the applicant, thus it is essential to keep the Consulate/Prefettura apprised of any address alterations.
The process has reached its conclusion, and with it comes an oath to abide by. Once the application has been processed, the consulate will let the applicant know via the Web Portal. If Italian citizenship is approved, the applicant and their Italian spouse must go to the consulate for the citizenship ceremony within 6 months of receiving citizenship. At the ceremony, the Italian spouse will need to sign a document affirming that the marriage is still valid and that no separation, divorce, or annulment has been requested. At the event, the Italian Consul General (or a deputy) will deliver a speech ("verbale di giuramento"). Afterwards, the applicant must then formally pledge their loyalty to the Republic of Italy and its Head of State by declaring, clearly and audibly, the following phrase: " I SWEAR TO BE LOYAL TO THE ITALIAN REPUBLIC AND ITS HEAD AND TO UPHOLD THE CONSTITUTION AND LAWS OF THE STATE ".
I married an Italian man before 1983 (rules for weddings before 1983)
Those women who married an Italian man before April 26, 1983 were immediately granted Italian citizenship through the union. Individuals belonging to this group must make an arrangement with the Italian consulate closest to them. It is possible to gain Italian citizenship through marriage, even after the passing of a partner or a divorce, provided the marriage was still valid on April 26, 1983. The necessary paperwork is:
The applicant must present their original US passport, as well as a photocopy of it.
A payment of €300 is required for the consular fee; the equivalent amount in USD can be found on the website of the local consulate. This rate is updated every three months.
Proof of residency within the consular jurisdiction must also be provided.
The applicant must also produce their marriage certificate, either in the form of the "estratto per riassunto" if their marriage has been registered in Italy, or the original record with an Apostille stamp and translated into Italian.
Lastly, their birth certificate must also be submitted, legalized with an Apostille and translated into Italian. As of April 27th 1983, the Law no. 123 was put into effect, ending the automatic granting of Italian citizenship through marriage. From this day forward, foreign males and females have been equal in terms of acquiring citizenship when marrying an Italian; no automatic citizenship is given in this situation.
Some Q&As directly from the Italian Ministry of Foreign Affairs website
I am married to an Italian citizen and we live abroad. Since when have I been entitled to apply for Italian citizenship and where must I apply for it?
The foreign-born spouse of an Italian citizen residing abroad may apply for Italian citizenship through marriage three years after it was celebrated. This term is reduced to a half in the case of children born to or adopted by both spouses. The applicant must register on the portal of the Ministry of the Interior called ALI, at the following link After logging in, you will be given access to the online procedure to apply for Italian citizenship. The diplomatic or consular delegation territorially competent for the applicant’s place of residence will verify the documentation uploaded online by the applicant before accepting the application. Once the application is accepted, the applicant will be summoned to the office to be identified and to deposit for verification the original documents uploaded online as well as any other required document. For more information, please consult the “Citizenship” page
I would like to know the state of progress of my application for citizenship through marriage filed at the Consulate.
The Ministry of the Interior is the competent Authority to define the administrative procedure whereby to award Italian citizenship. Once the application is accepted, it will be assigned an identification code (K10/C – followed by a number) with which it will also be possible to access the online consultation service on the state of progress of the application by accessing the ALI portal with the credentials assigned at the time of registering to file the application.
I was born in Italy to foreign parents, after which we all returned to their country of origin when I was very young. Am I entitled to Italian citizenship or to an Italian passport?
No. The Italian law on citizenship (Law 91/1992) does not entitle someone to acquire Italian citizenship for the mere fact of being born on the Italian territory. In addition to being born on the Italian territory, Art. 4 of the Law subordinates the acquisition of Italian citizenship to the legal and continuous residence in Italy from the person’s date of birth until his/her coming of age. For more information, please consult the “Citizenship” page
How can I have my Italian citizenship recognised? My grandparents were Italian.
Recognition of Italian citizenship is subordinated to the applicant providing proof that his/her direct progenitors have continuously maintained and handed down their Italian citizenship. For more information, please consult the “Citizenship” page or contact the Authority that will have to vet the application: if you reside abroad, the competent Italian Consular Office (see the list), if you reside in Italy, your Town Hall.
How do I go about obtaining my grandparents birth certificates? You must contact the Italian town where they were born. The Italian Consulates generally provide request forms on line. If there were no registries in existence at the time of your ancestors’ birth, you will have to submit a parish baptismal certificate, with the authentication of the pastor’s signature by the authorised bishop’s office, along with the response from the town hall confirming the non-existence of a registry office on the date in question.