The importance of cohabitation for citizenship by marriage in Italy

Italy is one of the European countries that allows the acquisition of citizenship through marriage to an Italian citizen or a civil union (in the case of same-sex couples). However, this process is subject to a series of requirements and conditions, among which cohabitation plays a crucial role.

Cohabitation requirement: a key element

One of the fundamental aspects of applying for Italian citizenship by marriage is the effective cohabitation with the Italian spouse. Italian law requires that the couple live together at the same registered residence in the corresponding comune (municipality). This requirement is established to ensure the authenticity of the relationship and prevent marriages of convenience.

Legal basis

Article 5 of the Italian Citizenship Law (Law No. 91/1992) states that a foreigner married to an Italian citizen may apply for citizenship after two years of legal residence in Italy, or three years if residing abroad. However, this period is reduced by half if the couple has children together. During this time, the marriage must remain valid, and the couple must effectively live together.

Consequences of lack of cohabitation

In many cases, the Prefettura and Questura may conduct home inspections to verify cohabitation. If irregularities are found, the citizenship application may be rejected.

If the couple does not live together at the same residence, various complications may arise in the citizenship application process:

• Rejection of the application: The lack of proof of cohabitation may lead to the denial of citizenship.
• Additional investigations: If a fraudulent marriage is suspected, authorities may open an investigation and, in severe cases, annul the marriage.
• Loss of acquired rights: If it is proven that the couple does not meet the cohabitation requirements, the foreign spouse may lose the possibility of obtaining Italian citizenship.

Exceptions and special considerations

There are certain situations where cohabitation may not be strictly required, such as in cases of force majeure (e.g., work obligations in another city or country for justified reasons). However, these exceptions must be properly documented and justified before the authorities.

Conclusion

Cohabitation is not only a legal requirement but also a key element in ensuring the validity of the citizenship application by marriage in Italy. It is essential for couples to understand the importance of registering their residence together and maintaining effective cohabitation to avoid complications in the naturalization process. Meeting this requirement facilitates a smooth transition to Italian citizenship and reinforces the credibility of the union before the authorities.

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The content of this article is intended to provide general information on the topic. For specific questions or individual cases, it is recommended to seek specialized advice based on your specific situation.