Citizenship by residence: Council of State clarifies the application of the minimum income requirement

With Judgment No. 3821 of 15 May 2026, the Italian Council of State provided an important interpretation concerning Italian citizenship by residence, addressing the income requirement set out in Article 9 of Law No. 91 of 1992.

The ruling addresses a particularly sensitive issue: the relationship between the requirement to demonstrate sufficient income and the need to ensure a fair assessment of applicants living with disabilities.

The case

The dispute concerned the Ministry of the Interior's rejection of an application submitted by an individual with a certified disability assessed between 77% and 99%. The administration considered the applicant's declared income insufficient to demonstrate adequate financial self-sufficiency, a position that was subsequently upheld by the Regional Administrative Court (TAR) of Lazio.

However, the Council of State overturned that decision, emphasizing that compliance with the income requirement cannot be assessed merely by comparing the applicant's income with a predetermined threshold.

Income remains a requirement, but It cannot be assessed automatically

The judgment confirms that income remains one of the factors to be considered in proceedings for granting citizenship by residence. However, the administrative judges clarified that this requirement must be interpreted and applied through a concrete assessment of the individual circumstances of each applicant.

This means that the administration must examine the applicant's overall personal and financial situation, avoiding decisions based solely on the failure to meet a specific income threshold.

Protection of persons with disabilities

One of the most significant aspects of the ruling concerns the protection of the rights of persons with disabilities. According to the Council of State, refusing an application solely on the grounds of insufficient income, without considering how the applicant's disability affects their ability to work and their actual means of support, is incompatible with the principles of substantive equality and non-discrimination.

This approach is consistent with the case law of the Italian Constitutional Court, which, in Judgment No. 258 of 2017, held that disability cannot constitute an obstacle to the exercise of fundamental rights. This principle is further reinforced by the protections afforded under European law.

A precedent likely to influence future decisions

The ruling represents an important reference point for future procedures concerning the granting of Italian citizenship by residence. While it does not eliminate the income requirement established by current legislation, the Council of State calls on the administration to adopt a more balanced and proportionate approach, based on the applicant's actual financial circumstances and genuine ability to support themselves.

This interpretation strengthens the principle that administrative decisions must result from a comprehensive assessment of the specific case, avoiding automatic approaches that could lead to discriminatory treatment, particularly against the most vulnerable individuals.

Your Way to Italy: our assistance

Our team is available to provide support and assistance regarding italian citizenship and  immigration law! Contact us to schedule your first consultation! #Yourwaytoitaly

The content of this article is intended to provide general information on the topic. For doubts or specific cases, it is advisable to seek specialized legal advice tailored to your particular situation.

Article written by Alessia Ajelli, Managing Associate of LCA Studio Legale, Italian lawyer specialized on Italian immigration and citizenship law.