Criminal offences hindering the acquisition of the Italian citizenship by marriage or civil union

Law 91/1992 on Italian citizenship regulates, in Art. 6, the possible causes of denial of the application to acquire Italian citizenship by marriage or civil union.

Under Article 6 L. 91/1992, the following preclude the acquisition of Italian citizenship:

• conviction for one of the crimes provided for in Book Two, Title I, Chapters I, II and III of the Penal Code ("Crimes against the personality of the State")

• the conviction for a non-political crime for which the law provides for a maximum sentence of not less than 3 years' imprisonment, or the conviction for a non-political crime to a term of imprisonment of more than 1 year by a foreign judicial authority, when the sentence has been recognized in Italy

• the existence, in the specific case, of proven reasons pertaining to the security of the Italian Republic

Rehabilitation and application for the acquisition of Italian citizenship

In the event that the applicant for Italian citizenship by marriage or civil union has a criminal record, the same is still recognized the possibility of accessing, in the cases provided for by law, the rehabilitation procedure that terminates the hostile effect of the criminal conviction.

Security of the Italian Republic

In addition to the criminal record for the crimes indicated above, Italian citizenship by marriage or civil union may also be refused if there are proven reasons inherent to the security of the Italian Republic, which must be, in the case, duly indicated in the reasoned decree of rejection that is issued after the opinion of the Council of State.

In the case of the issuance of a rejection order due to the existence of reasons pertaining to the security of the Italian State, the applicant will have the possibility, if necessary, to reapply for the granting of Italian citizenship only once at least 5 years have passed since the rejection.

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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.

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