Italian citizenship by marriage or civil union: the key role of the criminal record certificates

Obtaining Italian citizenship through marriage or civil union is a possibility reserved for those who have married or entered into a civil union—applicable in the case of same-sex couples—with an Italian citizen. This procedure is governed by Law 91/1992, specifically Article 5, and requires a series of essential documents that certify the applicant’s personal and family situation.

What documents are required to apply for citizenship by marriage?

One of the central aspects of the process is the required documentation. Essential documents include:

• Birth certificate of the applicant issued by the competent authorities of the applicant’s country of origin

• Marriage certificate duly registered in Italy at the competent Municipality

• Criminal record certificates:

• From the applicant’s country of origin
• From all countries where the applicant has resided since the age of 14 or of which they are a citizen
  • Certificate of knowledge of the Italian language at B1 level in accordance with the Common European Framework of Reference for Languages (CEFR)

Importance of criminal record certificates

One of the most important requirements is the submission of criminal record certificates, which serve to ensure that the applicant has no criminal convictions or pending proceedings that could hinder the acquisition of Italian citizenship. Criminal records obtained outside of Italy must be:

• Legalized: either with an apostille or by the Italian Consulate, depending on the case

• Translated into Italian: with a certified translation by the Italian Consulate if done abroad, or certified by the diplomatic or consular authority of the country that issued the document and legalized by the competent Prefecture, or sworn before an Italian court if translated in Italy

• Issued no more than 6 months prior: after this period, the certificates are no longer considered valid for submission

As for the applicant’s criminal record in Italy, no certificate needs to be submitted, but it must be self-declared in the appropriate section of the application form.

Special cases

The applicant is exempt from submitting the criminal record certificate of the country of origin only if they left it before the age of 14 and no longer hold its citizenship.
For all federal states, the criminal record certificate must be issued by the Federal Police. A particular case is that of the United States, for which both a “Police clearance,” “Certificate of Criminal Records,” or “Certificate of Good Conduct” issued by the central authority of each state (not the county) and legalized by apostille are required, as well as the “F.B.I. clearance” with fingerprints. Both must include a certified Italian translation and apostille legalization.

Criminal convictions that prevent the granting of Italian citizenship by marriage or civil union
The obligation to submit criminal records from both the country of origin and the countries where the applicant has resided or of which they are a citizen aims to ensure a complete evaluation of the applicant’s judicial history, increasing transparency and security of the process.

It is important to note that, under Article 6 of Law 91/1992, Italian citizenship by marriage/civil union is denied to anyone who has been convicted of one of the crimes listed in Book Two, Title I, Chapters I, II, and III of the Italian Penal Code—crimes against the personality of the State—or of a non-negligent offense punishable by a maximum sentence of at least 3 years of imprisonment, or a non-political crime punishable by a prison sentence of more than 1 year with a sentence recognized in Italy (for more information, we invite you to read our article focusing on these topics, available here).

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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.