Obtaining Italian Citizenship Through Marriage Or Civil Partnership

Gaining Italian citizenship through marriage or civil partnership is one of the most recognised pathways to becoming an Italian national, though it is governed by specific legal conditions and administrative procedures.

The key requirements include presenting the required documentation to demonstrate your marriage or civil partnership. The necessary steps are outlined below and offers a guide to individuals residing abroad—such as in the United Kingdom— that must be initiated with the Italian Consulate by the applicant.

Application

The application must be submitted to the Italian Consulate responsible for the applicant's current place of legal residence. For example, if the applicant resides in London, the application must be presented to the Italian Consulate in London.

Furthermore, the Italian spouse or civil partner must be legally registered with A.I.R.E. (the Register of Italians Residing Abroad), and both partners should reside at the same address. If cohabitation is not possible, supporting documentation explaining the reasons must be provided.

Eligibility and Timing

Applications can be submitted:

• After three years from the date of marriage or civil partnership, provided the Italian spouse/partner was an Italian citizen iure sanguinis (by birth) at the time of marriage;
• After three years from the date the spouse acquired Italian citizenship, if they became an Italian citizen after the marriage;
• The above timeframes are halved to 18 months if the couple have a child together—either biological or adopted.

It is crucial that the marriage or civil partnership has been registered in Italy (at the relevant Comune). If this has not yet occurred, the process may be initiated through the Italian Consulate abroad, provided the Italian national is duly registered with A.I.R.E. Registration requires submitting a formal request along with copies of both passports and the foreign marriage or civil partnership certificate, translated and legalised with an Apostille (if applicable).

Continuity of the Relationship

The marriage or civil partnership must continue to exist throughout the entire duration of the application process. Divorce, annulment, or legal separation will result in the application being refused. However, the death of the Italian spouse after submission of the application does not automatically prevent the granting of citizenship.

Additional Requirements

Applicants must also satisfy the following conditions:

• No serious criminal convictions - Certain types of criminal convictions may disqualify an applicant, depending on whether they relate to foreign or Italian convictions.
• Italian Language Proficiency - The applicant must pass an Italian language test at B1 level or above, according to the Common European Framework of Reference for Languages (CEFR). Tests must be taken at authorised institutions.

Procedure and Timelines

The application is dealt with as an administrative procedure under Italian law. The process is as follows:

• Online Registration - Applicants must first register online at the dedicated portal of the Italian Ministry of the Interior and submit their online application, together with all the required supporting documentation.
• Preliminary Review - The Consulate will carry out initial checks to determine the admissibility of the application. If deemed admissible, the applicant will be invited to attend an appointment to complete the submission in person and present the original documents.
• Processing Time - The standard processing time is 24 months from the date of submission, extendable to 36 months in certain cases.
• Final Stage - If the application is approved, the Ministry of the Interior will issue a Citizenship Decree, which will be sent to the relevant Consular office for notification to the applicant. At this stage, the applicant must submit updated marriage and criminal record certificates, confirming that all eligibility criteria are still satisfied.

Fees

The fee for submitting the application is €250.00, payable at the time of application.

The obligations required by law

Here are the legal requirements:

• The marriage must be valid and recognised under Italian law. If it was performed abroad, it also needs to be recorded in Italy
• Minimum length of the marriage before making an application. If living in Italy, you need at least two years of marriage or one year if you have children before applying.
• If living abroad three years of marriage is required or 18 months with children
• Ability to speak Italian to at least B1 level.
• All documentation must be valid, complete and correctly translated
• The marriage must remain valid until the citizenship oath has been taken. Separation, divorce, or annulment during the process can affect eligibility.

Common issues that can result in the failure of the application

The following are some of the issues that may arise which can delay, complicate, or even prevent an application:

The immigration lawyers at Giambrone and Partners can assist with the following:

We offer comprehensive assistance with:

• Preparing and submitting your Italian citizenship application by marriage or civil partnership;
• Registering your marriage or civil partnership with the competent Comune in Italy, where required.

If you are considering applying for Italian citizenship through your spouse or civil partner and would like guidance through the process, our team is here to support you every step of the way.

Mirko Prisco is an associate based in the Manchester office, specialising in family and immigration law. He is currently furthering his expertise in corporate law, as well as intellectual property, employment law, and debt collection in the UK.

He successfully passed the Italian Bar Examination at the Court of Appeal in Florence in October 2021. He was admitted as a solicitor of England and Wales in January 2023.

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.