ITALIAN CITIZENSHIP: HOW TO OBTAIN IT BY NATURALIZATION? WHAT IS THE PROCEDURE TO OBTAIN THE ISSUANCE OF AN ITALIAN PASSPORT?

The legal framework regulating and governing Italian citizenship consists mainly in the Law No. 91 of Feb. 5, 1992, Presidential Decree No. 572 of Oct. 12, 1993 (Regulations implementing Law No. 91 of Feb. 5, 1992, containing new rules on citizenship) and Presidential Decree No. 362 of April 18, 1994 (Regulations on procedures for the acquisition of Italian citizenship).

The Italian legal system provides different ways of acquiring Italian citizenship, including citizenship naturalization. In the latter case, a mandatory requirement of the law for the eligibility of the application for citizenship by the foreign person concerned is the period of continuous and uninterrupted residence in Italian territory until the oath. This means that there must have been no periods of residence abroad or unavailability in the territory. In particular, a legal residence in the territory of the State of at least 10 years is required for non-EU foreigners and at least four years for EU citizens (except for some specific cases provided for in Art. 9, 1 co., L. 91/92).

In addition to the fundamental requirement of Italian residence, it is necessary for the foreign person to meet others, such as:

1. Knowledge of the Italian language not less than level B1 of the Common European Framework of Reference for Languages (CEFR), except for exemptions provided by law;
2. Demonstrating that he/she has an income of no less than the thresholds stipulated by law (Euro 8.263,31 if the applicant has no other dependents; Euro 11,362.05 if the applicant has a dependent, plus additional Euro 516,00 for each additional dependent), adequate to support himself/herself and his/her household, if any;
3. The absence of criminal convictions and social dangerousness.

 

The only way to submit and formalize the citizenship application is electronically. In fact, as of May 18, 2015, it was ordered by the Ministry of the Interior to send the application through the dedicated portal in the website of the Ministry of the Interior: https://portaleservizi.dlci.interno.it

To properly apply for citizenship by naturalization (or residency), it is essential to be in possession of the following required documents.

1. 16 euro revenue stamp;
2. Birth certificate;
3. Criminal record certificate;
4. Passport and identity card;
5. Residence permit;
6. Historical Certificate of Residence;
7. CU, Unico and 730 form (that is to say possession of fiscal documentation regulated by Italian law);
8. Certificate of knowledge of the Italian language at a level not less than B1, issued by a public    or parified educational institution or certifying body;
9. Payment of the contribution of € 250.00.

 

Be careful! It is essential to demonstrate the presence in Italy with documentation of one's registration at the registry office. A residence permit alone without a continuity of registration with the registry office, in fact, is the main reason behind many denial letters. Therefore, before applying for citizenship, it may be useful to request one's historical certificate of residence, to allow one to understand whether there are any periods not covered during the 10-year period.

Regarding the waiting time for obtaining citizenship by naturalization, Decree-Law No. 130 of Oct. 21, 2020, established 24 months (extendable up to a maximum of 36 months) as the new deadline for applications for citizenship by residency submitted from Dec. 20, 2020 (the date the conversion law came into force) onward.

Once citizenship is obtained, it is possible to apply for an Italian passport. The procedure, documents and costs for obtaining a passport are the same as for Italians. So, if it is the first passport application, fingerprinting and digital signature acquisition are mandatory from age 12 onward.

Documents to be submitted to apply for a passport include:

1. The passport issuance application form, which can be obtained at offices or online;
2. A valid original and photocopy identification document;
3. Two identical and recent passport-size photographs with white background;
4. Revenue stamp and receipt of the postal bulletin for payment.

 

It is also possible to apply for an Italian passport directly online, thanks to the State Police service https://www.passaportonline.poliziadistato.it

author: Dott.ssa Marta Minnici