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Citizenship by residency 2025: with judgment 6090 the Council of State clarified that disability and efforts towards work reintegration must be taken into account. Discover how to appeal with our lawyers.
The Council of State, with Judgment no. 6090 of 2025, established that income assessment, for the purpose of applying for Citizenship by residency, must also consider the applicant's disability and commitment to professional reintegration, opening the way to a more flexible approach when evaluating the fulfilment of requirements.
The application for Citizenship by residency (or naturalisation) is one of the most commonly used ways for foreigners living in Italy to obtain Italian Citizenship.
It requires the foreigner to reside in Italy for a legally established period of time, depending on the case, and to demonstrate sufficient and regular income.
It is precisely the income requirement that has often led to applications being rejected: many applicants, despite having a genuine connection with Italy, were denied Citizenship because they did not meet the minimum income thresholds set by the Ministry of the Interior.
The Council of State's ruling goes beyond the concept of a standard minimum income, focusing instead on the applicant's overall integration, including their disability and efforts made to re-enter the labour market.
Citizenship by residency: what does this judgment mean?
The judgment concerns applications for Italian Citizenship by residency/naturalisation, which require proof of sufficient income to support oneself in Italy.
The minimum figure is established by the Ministry of the Interior by decree, and it refers to income earned in the three years preceding the application for Citizenship.
Currently, the minimum income required is €8,263.31 for a single applicant with no dependants.
The new elements introduced by judgment 6090
With judgment no. 6090 of 11 July 2025, the Council of State established an important principle: when assessing an applicant's financial capacity, recognised disability and efforts at professional reintegration must also be taken into account.
Those with a disability may have lower incomes than the thresholds set.
The judgment recognises that this condition alone does not justify denying Italian Citizenship, because disability is an objective limitation on employment opportunities.
Work reintegration as a positive factor
The court also clarified that if the applicant shows active commitment to re-entering the labour market (such as attending training courses, holding temporary work contracts, internships, etc.), this must be assessed positively in the final decision.
Examples of cases where this new interpretation could make a difference include:
- A foreign citizen with a disability who receives a minimum pension and carries out or has carried out small supplementary jobs.
- A person with a disability who takes part in work reintegration programmes, even without high income.
- Someone who has suffered a reduction in working capacity but nonetheless continues to live and contribute to social life in Italy.
Practical implications of judgment 6090
With judgment no. 6090, the Council of State clarified that the concept of "income" should not be interpreted rigidly when the applicant is a person with a disability.
The assessment of financial capacity must take into account the objective difficulties caused by the disability and whether the person has actively attempted to re-enter the labour market.
This represents a shift in perspective: rather than focusing solely on the amount of income, a more complete picture of the applicant's social and professional integration is evaluated, acknowledging their specific condition.
To summarise the possible consequences:
- Greater inclusivity: the judgment promotes the inclusion of people with disabilities in the naturalisation process, ensuring a fairer application of the requirements.
- Focus on integration: the emphasis shifts from a purely economic requirement to a broader analysis of the applicant's integration into Italian society.
- Potential impact on future applications: this decision could influence the future evaluation of Citizenship applications, encouraging greater flexibility on the part of the authorities.
The Constitutional Court also protects disability rights
With regard to disability, the Constitutional Court had already ruled in favour of applicants for Italian Citizenship (by marriage or residency), with judgment no. 25, declaring the unconstitutionality of Article 9.1 of Law no. 91/1992, because it required intermediate-level Italian language skills without exceptions.
Since then, it has been possible for applicants with disabilities to:
- Obtain exemption from the language test: based on the principle of equality, requiring the test of people with intellectual disabilities or other learning limitations would be disproportionate.
- Obtain exemption from the oath: the obligation of the oath has been removed for people with severe disabilities. Requiring the oath of those unable to perform the act is considered a form of discrimination and social exclusion.
Therefore, people with disabilities can apply for Italian Citizenship without having to pass a language test or take the oath, since these obligations are deemed discriminatory and violate the principle of equality.
To benefit from the exemption, the disability must be certified by a doctor from the public health service.
How to apply for Citizenship by residency
To apply for Citizenship by residency, the applicant must:
- Demonstrate the required period of residency in Italy (from 4 to 10 years depending on the case).
- Submit personal documents and certificates from the country of origin.
- Provide income documentation for the previous years.
- Attach any disability certificates and evidence of work reintegration activities.
Rejected application: when an appeal is possible
Despite this new judicial approach, applications may still be rejected for income-related reasons, if certain factors, such as the applicant's disability, are not taken into account.
It is possible to appeal against rejection for income reasons, by demonstrating that the income is sufficient to meet the requirements or by documenting the obstacles to earning a higher income.
In such cases, a well-prepared appeal can be decisive in asserting one's rights and still obtaining Citizenship.
An immigration and Citizenship law firm can:
- Analyse the applicant's position.
- Assess income and medical documentation.
- File an appeal before the Regional Administrative Court (TAR) or the Council of State in case of rejection.
Discover the ways in which you can become an Italian citizen.
The role of an international law firm
The Council of State's judgment no. 6090/2025 represents a step forward towards a fairer and more humane approach to Citizenship by residency.
Those who live permanently in Italy, even with a disability, can now have their right recognised more easily.
If you have applied for Citizenship or fear a rejection due to income reasons, our Immigration Department lawyers are available to assist you at every stage, from preparing the application to filing an appeal.
FAQ
How much income is required to obtain Citizenship by residency in Italy?
Currently, the minimum income is €8,263.31 per year for applicants without dependants, but it may vary.
What did the Council of State establish with judgment 6090/2025?
It recognised that disability and work reintegration efforts must be assessed alongside income in Citizenship applications.
Can someone with a disability obtain Citizenship with lower income?
Yes, disability is considered an objective factor: lower income does not automatically exclude applicants from Citizenship.
How can you appeal if Citizenship by residency is denied?
You can file an appeal before the TAR or the Council of State with the assistance of an immigration lawyer.
Are foreign applicants with disabilities exempt from the Italian language test?
Yes, according to Constitutional Court case law, applicants with disabilities may be exempted from both the language test and the oath.
The content of this article is intended to provide a general guide to the subject matter. Specialist advice should be sought about your specific circumstances.
